Child Injury Lawyer Blog

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

California day care centers / child care centers are regulated by the State of California - Health and Human Services Agency - Department of Social Services. The California Child Care Regulations cover a wide area of matters including but not limited to operation, maintenance, supervision, and enrollment. The regulations can be accessed online at California Child Care Regulations.

When an incident or injury takes place in a California child care center, the facility has a duty under the California Child Care Center Regulations to report the incident / injury to the California Department of Social Services via fax or a telephone call within the next business day of operation. Within 7 days of the incident, a written report must be submitted to the Department. The following personal injuries / incidents must be reported to the Department of Social Services:

* any injury to any child in the child care center that requires medical treatment;

* any death taking place at the child care center regardless of the cause of death;

* any unusual incidents or child absence that threatens the physical or emotional
health or safety of any child.

* any suspected signs or observations of physical or psychological abuse of any child;

* any epidemic outbreaks (i.e. flu, Tuberculosis, Swine Flue, Chicken Pox, etc...)

* any incidents of poisonings;

* castastophes, fires, or explosions.

The report must contain the following information:

* child's name, age, sex and date of enrollment / admission to the child care center;

* date and the nature (type) of event;

* name of physician, medical findings, and medical treatment (if any); and

* disposition or outcome of the incident.

It is important for California Child Care Centers to comply with these and other regulations. The reporting requirements provide valuable information to the Department of Social Services to monitor and evaluate incidents of injuries and monitor the health and safety records of the child care centers.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age - 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

In Florida, a teacher duct taped gagged and duct tapped 5 misbehaving students to their desks when they were misbehaving. It is amazing that teachers with years of experience, certification, and college degrees would resort to such behavior. It really defies common sense and good judgment.

Seclusion is also a problem in school systems for disabled children. In New York, a 8 year old special education student was placed in a small dirty room over 70 times in a 6 month period for whistling, slouching, and hand waving in the classroom.

California and Texas reported over 33,000 instances of restraint and /or seclusion instanced during the past school year. In some instances, disciplinary action is necessary for the health, safety, and welfare of the misbehaving child, other students, and / or the teacher. However, teachers and caregivers should approach disciplinary measures or actions with common sense, good judgment, and should use their best efforts to avoid restraint and seclusion if other means of action are reasonably available and do not put the child or others at risk. You can read more about the GAO Government Study and comments regarding the same at Seclusion and Restraint of Special Education / Disabled Students.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Onslow County, North Carolina, there were almost 200 juvenile arrests made for drug related charges according to the Onslow County (Jacksonville, North Carolina) Sheriff's Office. In 2009, the arrests for drug related charges continue. Many law enforcement officials throughout the country attribute a rise in juvenile drug use and arrests to the availability of prescriptions drugs in the homes of the children. If children have access and there is limited supervision, prescription drugs are then available to the children to use, abuse, and sell. Parents, guardians, and caregivers should be diligent in safeguarding all prescription drugs in the home. Children do not understand the dangers of drugs and often times mix up drugs. In Onslow County School for the 2007-2008 school year, there were 70 incidents involving controlled substances.

Education about drugs should begin at home. Parents should use their best efforts to know what their kids are doing and try to avoid a problem with drugs before it even begins. Yes, this is somewhat simple advice; nonetheless, many parents unknowingly have children with drug problems. Many of the drug and alcohol problems began at home with a parent who did not safeguard these dangerous substances.

You can read more about this story at Prescription Drug Abuse Among Children in North Carolina and Other States on the Rise.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You can read a very good article with safety tips and advice to prevent personal injuries and deaths related to child drownings at How to Plan for the Unexpected - Preventing Child Drownings. Drowning related injuries and deaths can be prevented by following the tips in this article. Parents, guardians, teachers, summer camp counselors, and others should view all bodies of waters including swimming pools, spas, canals, lakes, and other waterways as very dangerous areas. Strong adults drown every year. Some even are decent swimmers. As such, children especially young ones who cannot swim at all are at serious risk of harm when they go into water without proper safety precautions or supervision. Anytime a child is near swimming pools and other water ways or has access - be diligent. Do not underestimate the dangers to children. You would not underestimate the danger of a blazing fire which can cause severe and permanent harm to child. In a similar manner, do not underestimate the danger of unsupervised swimming.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A valuable resource to moms across the nation is a website called www.momslikeme.com The website offers a place for moms to offer advice and get advice. It also allows moms in communities throughout Florida and the rest of the United States to share their experiences, thoughts, and feelings on a wide variety of parenting and mom related issues. From Florida to California to Maine and all points in between, you can find moms like you who are ready, willing, and able to help you with parenting and mom issues that come up in every day life. As a father / parent and husband, I now the value of moms and how much they know. When thousands upon thousands of moms congregate together to make their lives and the lives of others a better place, everybody wins. Check out www.momslikeme.com and go to your local community site. Get involved and active for a smarter today and a better tomorrow.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Police in Gwinnett County, Georgia have arrested and charged a man and woman with false imprisonment and cruelty to children for using handcuffs to restrain the woman’s fifteen year old son. The teenager was held with the handcuffs for periods of 12 hours at a time and was denied food and water over a three day period.

The couple told police that they were attempting an exorcism on the boy. The boy was treated for injuries and dehydration at a local hospital. The mother and her accomplice are being held in jail pending a hearing.

Reports of suspected child abuse in Georgia can be made to the Department of Family and Childrens Services in the county where the child is found. For more information the Department of Family and Childrens Services Website. You can also read this story as posted in the Atlanta Journal Constitution Newspaper website.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver's mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following:

In Amarillo, Texas, Stephanie Phelps, who was driving her 4 month old daughter, ran a red light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention.

In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two teenagers died as a result of this accident.

In Florida, Stephanie Phillips and Heather Hurd were killed when a trucker was reportedly distracted while text messaging on his mobile phone while driving on U.S. 27.

In Glendale, Arizona, Ashley Miller and Stacey Stubbs died in an automobile accident after Miller reportedly drove across the center line while she was text messaging.

You can read about other incidents of driver distraction and cell phone use / text messaging at Text Messaging and Cell Phone Use While Driving Is Dangerous.

By Michael P. Healy, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Kepa Kahakauwila recently died from automobile accident injures. Kahakauwila was driving a truck that hit a guard rail and then landed in a gulch off of Hana Highway in Haiku, Hawaii according to police. Kahakauwila was taken to a nearby hospital but later died from the injuries. One passenger was treated at a hospital and then later released. The other passenger was flown by to Oahu, Hawaii for evaluation and treatment for the automobile accident related injuries.

It is sad that a young person's life ended so abruptly and that others were seriously injured as well. Newspaper articles did not detail the cause of the accident or results or reports from any police investigations. You can read more about this story at Maui Teen Dies from Automobile Accident Related Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many families with pet dogs install doggie doors to allow easy access for dogs to go in and out of a house or patio area. Doggie doors are very convenient. Doggie doors can also be dangerous in that small children / toddlers get out of house through the doggie door. Once out of the house, small children / toddlers have been known to suffer serious personal injuries and death from pools, ponds, and other dangers outside of the house. In August 2006, Matthew Ranfone got out of a doggie door from his Orlando home and was found floating face down in the family pool. He died later from drowning related injuries. Carol Ranone, Matthew's mother, has launched a website to get the word out about the dangers of pet doors / doggie doors and small children at www.petacessdangers.org. I recommend that all dog owners who are parents of small children or who have small children in their home to take a look at the website. The safety of small children / toddlers is much more important than the mere convenience of a doggie door. Safeguard your home to the best of your ability to protect children who live or visit your home.

You can read more about the dangers of doggie doors at Pet Doors and Crawling Kids Can Be a Deadly Combination.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Technology and lower production costs have lead to more purchases of flat screen televisions. Heavier televisions are being replaced by lighter thinner televisions. One would think that this would reduce the incidents of injuries from heavy television sets that have fallen on children in the past. However, there is a newer type of danger out there for children - flat screen television sets falling off of walls and injuring children. Many flat screen televisions are hung on walls by a wide variety of brackets. Some homeowners and renters choose to hang the televisions themselves. Others tend to hire professional installers from Best Buy, HH Gregg, Sears, and other retailers. Whoever installs the televisions needs to make sure that the brackets are properly attached to studs rather than just dry wall and that manufacturer instructions are followed. Thereafter, parents need to inspect the television set frequently to make sure that it is properly secure and that nobody moves or disturbs the television to make it unsteady, unsturdy, or at risk for falling.

You can read more about the problems and dangers of tipping / falling furniture like flat screen televisions and other furniture at Falling Flat Screen TVs -A Growing and Dangerous Threat to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska day care centers adequate staffing is vital to the safety and educational needs of the children. In other words, it is important to have a sufficient number of child care workers in place to make sure that the individual needs of each child is met throughout the day. The State of Nebraska has instituted staff to child ratio standards for day care centers under the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

Section 8-009.01 requires Nebraska child care centers to be staffed as follows:

6 weeks old to 18 months old-----1 Staff Member----- 4 Children

18 months old to 3 years old------1 Staff Member-----6 Children

3 years old-------------------- 1 Staff Member----10 Children

4 and 5 years old--------------- 1 Staff Member----12 Children

Kindergarten and older-----------1 Staff Member----15 Children

The owner, administrator and licensee should make sure that the day care center never exceeds the licensing capacity and complies with these staff to children ratios. Overcrowded and understaffed facilities frequently result in serious child personal injuries that could have otherwise been avoided with compliance with these standards. If a child has been injured due to improper staffing or other day care negligence, a Nebraska child injury attorney / lawyer can help advise parents and caregivers about the applicable laws, insurance, compensation, and other matters.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nebraska day care centers / child care centers must follow the rules and regulations located at Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

Section 8-012 covers disciplinary matters. Unfortunately, many children in Nebraska day centers are abused and neglected or suffered personal injuries as a result of negligence. Section 8-012 states that the center shall make sure that no child is left alone. Furthermore, no child shall be punched, shaken, pinched, struck with any object, bitten or spanked by staff members. Proper discipline would be a brief separation from the group. Staff members at Nebraska day care centers are prohibited from disciplining children by denying food, forcing naps, or using derogatory words or remarks. A child should not be punished for a toilet training accident or refusing to take medications. In Nebraska day care centers, the child's physical and psychological well being are both important and staff members should take every reasonable effort to make sure that the children are properly supervised and protected while in the center.
These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children. When children are negligently unsupervised or inappropriately disciplined, injuries result that would have and could have been avoided.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Working parents in Nebraska must rely on child care centers and day care centers to provide supervision, care and education to their children from infants to toddlers to school aged children. The Nebraska Department of Health and Human Services provides licensing information to parents, caregivers, and others who want to obtain or research information on a child care center, day care center, health care providers and others. Go to the Official Website for the Nebraska Department of Health and Human Services - Licensing Information. You can look up a day care center / child care center by name or city. Information posted includes name of the facility, license number, license type, hours of operation, subsidization status, and disciplinary actions by the State of Nebraska. All parents should research a day care center before enrollment. I recommend that parents obtain the online information. In addition, parents should visit the day care center, interview the owner, interview employees, and speak to other parents with children in the day care center.
Nebraska day care centers / child care centers must comply with criteria, rules, and regulations set forth by the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nebraska day care centers / child care centers must comply with criteria, rules, and regulations set forth by the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Spokane County, Washington and other counties, maintenance supervisors have a duty to make sure that the public swimming pools are clean and safe for children. If there is a mechanical, maintenance, or hygiene issue with a swimming pools, government officials have a duty to repair, clean, and / or shut down the pool. In Spokane County, Washington, the opening of public swimming pools have been delayed by a maintenance problem or defect in the pool drains. There appears to be a problem with suction that could, in turn, trap a child and lead to a drowning and serious personal injury or death. A federal law requires that drain covers be placed over drains to prevent these kind of tragedies. The federal law requiring such a drain cover is named after a child (Virginia Graeme Baker Pool and Spa Safety Act) who got caught in a drain in Florida. You can read more about this story at Spokane County Washington Delays Opening of Public Pools.

By David Wolf, Attorney Published by Child Injury Lawyer Network In Sturgis (Union County), Kentucky, the joyous celebration of a wedding turned tragic when an 8 year old boy was found dead in the First Christian Church elevator. Zachary Waddell suffered injuries from an elevator that was built in 1963 at the church. According to the news report, Zachary was found with his head pinned in a church elevator. His family was in the process of cleaning up the church after his grandmother's wedding celebration. News reports did not contain much detail as to how long Zachary was in the elevator or how it was that his head became pinned in the elevator. Since it was a church, it was foreseeable that a child would use an elevator unless it was a restricted elevator solely used for freight or other tasks. An investigation will be conducted as to the circumstances involving the death of this child. It is a tragic loss for the family, church, and the community. You can read more about this story at Kentucky Boy Found Dead in Church Elevator.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Summer camps are typically filled with friendship, fun, and the great outdoors. When there is a large congregation or gathering of children around, there are, at times, outbreaks of Influenza and other communicable diseases. It can be quite stressful for both the child and the parent, who is typically hundreds of miles away, to deal with an illness at camp. Most reputable summer camps have a doctor on staff to address the basic health needs of the child. Beyond the camp confines, there should be a medical facility, hospital, or clinic available for more in depth medical care and evaluation. Influenza can be quite troublesome and risky. It is spread person to person and even by object. For instance, a child can wipe his or her nose and then touch a door knob. This, in turn, can lead to the infection of another child. The Influenza virus can live for several days on an object like a door knob or a toy.

What should parents do when a child gets sick at camp? I recommend that the parent keep in close contact with the camp and the camp doctor. Ask to speak to your child. Many camps prohibit telephone contact due to a child becoming homesick. However, there are always exceptions and extraordinary circumstances beyond these in house camp rules.

I also recommend that parents consult with the child's own pediatrician and an Infectious Disease doctor for guidance and follow up. Get the summer camp to fax you the medical records so you can see what is being documented and done for your child's illness at summer camp.

You can read more about Influenza at When Your Child Is Sick - Influenza in Children.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

As to playground safety, it is important for day care centers to pay close attention to details and regulations as they apply to the ground surfacing of the playground area. North Carolina day care regulations provide the following as acceptable materials for playground surfacing - wood mulch, double shredded bark mulch, fine sand, coarse sand, and pea gravel. The depth of the ground surface is dependent on the height of the playground equipment. Children jump off of playground equipment and often have falls while playing on playground equipment. Proper ground surfacing can help cushion the force or trauma caused by a fall. This, in turn, can help avoid or reduce the extent of child personal injuries on North Carolina day care center playgrounds.

Under Rule 605, Conditions of Outdoor Learning Environments, all outdoor / playground equipment must be in good repair and maintained in a useable condition. The equipment should be sturdy and stable. Inspections and periodic maintenance are important to keep the equipment free from sharp edges, loose nails, splinters, pinch points, and crush points. All broken playground equipment should be removed from the playground or otherwise made inaccessible to the children. Playground areas should be fenced and kept away from bodies of water and other dangerous areas. With proper maintenance of playground equipment and supervision of the children, incidents involving serious personal injuries can be avoided or reduced. If a child is injured as a result of the negligent maintenance of playground equipment or negligent supervision of children, a parent may be able to pursue an insurance claim or civil case against the day care center / child care center. A North Carolina child personal injury attorney / lawyer can help advise parents as to the myriad of legal issues that arise when a child is injured.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maine and other states, child predators and sexual offenders are exploiting and abusing children every day. In some instances, it is the parent who is exploiting or molesting the child. In Mars Hill, Maine, Julie Carr, age 30, is the mother of four children. British investigators tracked her down to her Maine home after she was webcasting a sexual assault of her young child. Really, what was this lady thinking? While she will be entitled to a public defender if she cannot afford an attorney, there is an electronic trail of sorts and video of these heinous acts. Authorities removed all four children from her home. You can read more about this story at Maine Mom Nabbed in International Child Pornography Sting.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Under Rule 605, Conditions of Outdoor Learning Environments, all outdoor / playground equipment must be in good repair and maintained in a useable condition. The equipment should be sturdy and stable. Inspections and periodic maintenance are important to keep the equipment free from sharp edges, loose nails, splinters, pinch points, and crush points. All broken playground equipment should be removed from the playground or otherwise made inaccessible to the children. Playground areas should be fenced and kept away from bodies of water and other dangerous areas. With proper maintenance of playground equipment and supervision of the children, incidents involving serious personal injuries can be avoided or reduced. If a child is injured as a result of the negligent maintenance of playground equipment or negligent supervision of children, a parent may be able to pursue an insurance claim or civil case against the day care center / child care center. A North Carolina child personal injury attorney / lawyer can help advise parents as to the myriad of legal issues that arise when a child is injured.

Staff ratios requirements are set forth in Rules 712 and 713. Staff ratios regulations are dependent on the number of children cared for in the day care center. Rule 712 covers day care centers with a licensed capacity of less than 30 children. Rule 713 covers day care centers with a licensed capacity of 30 children or more. Parents and caregivers should ask day care operators and owners about the staff ratios and how the facility documents or keeps track of the number of children and staff members on a daily basis. If the day care center is well managed and operated, there should be no problem in explaining or providing you with documentation as to its staff to child ratios. Review the regulations and ask a lot of questions. Having the right number of staff in place is key to preventing or reducing the number of incidents leading to serious child injuries in North Carolina day care centers.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina day care centers /child care centers, facilities should be properly staffed to make sure that the individual needs of each child are met. North Carolina day care centers / child care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Staff ratios requirements are set forth in Rules 712 and 713. Staff ratios regulations are dependent on the number of children cared for in the day care center. Rule 712 covers day care centers with a licensed capacity of less than 30 children. Rule 713 covers day care centers with a licensed capacity of 30 children or more. Parents and caregivers should ask day care operators and owners about the staff ratios and how the facility documents or keeps track of the number of children and staff members on a daily basis. If the day care center is well managed and operated, there should be no problem in explaining or providing you with documentation as to its staff to child ratios. Review the regulations and ask a lot of questions. Having the right number of staff in place is key to preventing or reducing the number of incidents leading to serious child injuries in North Carolina day care centers.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care centers in North Carolina and other states provide children with recreational activities like swimming especially during summer months. Children love to play in and around water. Young children often times do not appreciate the dangers of water. Furthermore, young children lack judgment as to their swimming abilities or lack of swimming abilities. As such, North Carolina has set forth specific staffing requirements for staff ratios when children participate in aquatic activities which include boating, swimming, and visits to water parks. North Carolina day care centers are required to have the following staff ratios in place for aquatic activities:

Age of Children Ratio of Staff to Children in Day Care Program
3 to 4 year olds 1 staff member for every 8 children
4 to 5 year olds 1 staff member for every 10 children
5 years and older 1 staff member for every 13 children

Regardless of the total number of children, North Carolina law requires at least 2 staff members for supervision of children participating in aquatic activities. While adhering to these standards is important, compliance with the staff ratio requirements must be combined with good training and diligent supervision. Day care staff members must closely supervise the children around aquatic activities including swimming. Otherwise, children are at great risk for serious personal injuries from drowning or near drowning incidents. You can read more about the staff ratio requirements and other regulations regarding day care aquatic activities and swimming supervision at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care centers in North Carolina and other states provide children with a wide variety of recreational, exercise,and sports related activities. Children love to swim and play around water. While the aquatic and swimming activities can be quite fun for children, they can also be very dangerous. Tragically, as a result of improper day care supervision, negligence, or inattention, children suffer serious personal injuries including brain damage and wrongful death from drownings and related incidents.

Aquatic activities include on site and off site activities that take place in, on, or around a body of water including swimming, wading, swimming instruction, visits to water parks, and boating. For every 25 children participating in such activities, North Carolina law requires at least one person who has a current life guard training certificate issued by the Red Cross or other training that is similar or equivalent to the Red Cross. The North Carolina day care center regulations generally discourage aquatic activities for children under the age of 3 unless the activities are necessary to meet a child's special needs set forth in child's Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP).

Children participating in aquatic / swimming activities shall be property supervised at all times. You can read more about Aquatic Activities regulations at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other states, it is important for day care centers / child care centers to implement safety measures when transporting children. North Carolina day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 1003 - Seat Restraints, day care centers have a duty to provide each passenger (adult and child) with an individual seat belt or appropriate child restraint. There is an exception for children under the age of 2 years old who occupy a vehicle that is not required by federal or state law to be equipped with seat restraints. Unfortunately, many large school buses fall under this category. As such, many children travel without a seat belt or safety restraint in North Carolina and other states. Children are not permitted to sit in the front seat of a vehicle with a passenger side air bag.

Day care center drivers should exercise due care when transporting children. It is important for drivers to follow speed limits and to refrain from using cell phones and mobile phones which are well known to cause driver distraction. If a child is injured while traveling on a day care vehicle, van, or school bus as a result of the negligence of the day care employee, school bus driver, or another person, it is important for the child to first get evaluated by a medical provider. Sometimes, emergency medical care is necessary. At other times, a visit to the child's pediatrician or a specialist is more appropriate. Thereafter, a consultation with a North Carolina child injury attorney is helpful for parents and caregivers to get advice as to insurance, compensation, medical bill payments, liability, North Carolina laws, and other matters.

By David Wolf, Attorney Published by Child Injury Lawyer Network In Delaware, day care centers are required to maintain or provide access to an outdoor play area that is at least 50 square feet in size per each child. Outdoor play areas and playgrounds should have fencing or other protective barriers from all streets, roads, parking lots, high voltage areas, open pits, high voltage areas, and other dangerous areas. A child is wanders away from a play area can suffer serious personal injuries without proper fencing and / or protective barriers. As for the playground / outdoor play surface, the surface shall be made of a material that is resilient which absorbs falls. Playground equipment should be securely anchored unless the equipment is portable in design. It is vital for Delaware day care centers to be diligent in the design, maintenance, and supervision of the playground and outdoor areas.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children placed in Delaware day care centers are the unfortunate victims of day care negligence. Simple measures can be taken by day care centers to reduce the incidents of injury and harm to children that take place in the day care center. Good Delaware day care centers know and follow the rules and regulations set forth in
the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers.

Delaware day care centers should keep all poisonous and toxic materials out of the reach of children. Furthermore, all containers of poisonous and toxic materials should be clearly marked. All porches or elevations over 2 feet in height shall have barriers to prevent children and visitors from falling. Glass doors and sliding doors shall be clearly marked with stickers or other safety measures at the child's height to provide notice to the children of the glass door. Stairways with 4 or more stairs shall having railings. Electrical receptacles shall have child proof outlets when not in use. These safety measures and others can help prevent serious personal injuries to children in Delaware's day care centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, children are the unfortunate victims of day care center negligence especially when the day care center fails to follow the rules and regulations set forth at the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers.

What are the requirements as to physical environment and safety at a day care center? A center must have a building that is contructed, used, furnished, maintained and equipped according to all applicably Federal, State and local regulatory standards. The facility should be clean and safe and free from hazards. All structures, fences, equipment, and grounds should be maintained so that they are free from hazards and health. Having a safely constructed and designed facility is important. Supervision is key to children's safety as well.

If a child is injured as a result of an unsafe facility or a poorly maintained facility, it is important to get legal advice and representation from a Delaware child injury attorney. Legal advice can be provided to parents and caregivers on a wide variety of legal issues that arise when an innocent child is injured as a result of negligence.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Wyoming Department of Family Services regulates and licenses day care centers throughout the State. The Division of Early Childhood publishes a helpful checklist for parents to use when selecting a day care center. The checklist is also helpful for evaluating a day care center that a parent is already using for a child. Parents should educate and inform themselves about a day care center. The checklist provides the following advice:

1. Get organized.
2. Conduct a telephone interview of the owner / administrator of the day care center;
3. Visit the day care center. See for yourself what the facility is like and how it is operated;
4. Check references. Get references from other parents who have children at the center.
5. Make a decision.

I recommend that Wyoming parents and other parents for that matter review and print out the check list located at Wyoming - Five Steps to Selecting Good Child Care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Hampshire and other states, school bus drivers have a duty to provide for proper safety and supervision of children. Children should not be left unattended or unsupervised at any time. This procedure or policy is part of the policy manual for many school districts and school boards as well as for many private bus companies. These policies are in place because children who are left unattended or unsupervised on a school bus are at higher risk for serious personal injury In Sommersworth, New Hampshire, a 3 year old boy was left unattended on a school bus while the school driver ran errands. The child was locked on the bus and left alone for 45 minutes. The school bus driver was later disciplined for the terrible lapse in judgment. Fortunately, the child did not suffer any serious physical injuries from being left on the bus. You can read about this story at New Hampshire 3 Year Old Left on Bus While Bus Driver Ran Errands.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, it is important for day care centers to employ, train, and supervise qualified staff, employees, and volunteers. People who work or volunteer their time at day care centers in Delaware must meet with the Health Requirements set forth in the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. What are the physical and mental health requirements for staff, employees, and volunteers of a Delaware day care center? Delaware law requires a written report from a licensed physician or nurse practitioner for a medical examination attesting to the health of the employee, staff member, or volunteer. The health status refers to both the physical and emotional ability to care for children. There also needs to be written evidence that the employee, staff member, or volunteer has been free from communicable diseases like tuberculosis within 1 year from the first day of employment at the Delaware day care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, day care centers are required to train and properly supervise child care providers to make sure that children are cared for in a safe environment. Delaware day care centers are regulated by the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. What requirements apply as to the reporting of abuse and neglect? Under the Delacare regulations, a day care center must have each employee sign a statement that clearly defines child abuse and neglect. Under Delaware law, a day care worker must report all incidents of child abuse to the Division of Child Protective Services. A day care center in Delaware must have written procedures / policies in place for the handling of suspected child abuse or neglect inflicted or committed by an employee of the day care center. The procedures must also include provisions for the termination of an employee involved in a founded incident of child abuse if continued employment would put children at risk.

Delaware day care workers and providers should provide children with a safe learning environment free from neglect and abuse. While the State of Delaware does conduct investigations into suspected incidents of abuse and neglect by a day care worker, parents of injured children can also hire a private civil Delaware child injury lawyer / attorney to investigate the incident and provide representation for the injured child. A child injury attorney can provide advice as to medical records, medical bills, further medical care, insurance documents, litigation, and many other issues.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, day care centers are regulated by the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. Are Delaware day care centers required to carry liability and fire insurance to cover for personal injuries and / or the wrongful death of a child injured as a result of the negligence of the day care center? The answer is yes. There is a regulation in place that requires liability insurance. Unfortunately, it does not appear that the regulations require a particular amount of liability insurance to comply with this requirement. As such, a facility may be in compliance by carrying a minimal amount of insurance. For instance, a mere policy with a cap of $25,000 may comply with these regulations. Of course, many child injuries involve damages that are far greater than $25,000. The day care center is still responsible for all the damages suffered by a Delaware child as a result of negligence regardless of the amount of insurance in place. Good and responsible Delaware day care centers carry a sufficient amount of insurance so that an injured child and the child's family can recover adequate compensation through the liability insurance. Having sufficient liability insurance also helps protect the assets of the day care center and the day care center's ability to continue operations from a financial standpoint in the future.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York, a bizarre accident occurred involving three vehicles. A man was driving his car on a relatively narrow one way street. Another vehicle was backing out of a driveway on the right side of the road, when the operator of the car on the street noticed him. The driver swerved to the left to avoid being struck by the car backing out of the driveway. At the same time, on the left side of the street and man had just completed buckling his small child into the back seat of an SUV. His wife was seated in the front passenger seat. Unfortunately, one of the mans legs was outside of the SUV when the operator of the moving vehicle swerved to avoid the car backing out of the driveway. When the car swerved to the left, it struck the passenger side of the SUV, traumatically amputating the leg of the father, causing injury to the mother, but thankfully, the baby was unharmed.

You can read more about this accident at New York Accident Causes Man to Lose His Leg.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Geraldine Hickey has put her nursing and midwifery experience to good use. She formed a company called Baby Zone and Beyond which puts on seminars and distributes videos / DVDs on important child health topics like choking and CPR. This seminar or video can help train parents, day care workers, teachers, and other caregivers techniques to deal with emergency situations that can and do save lives and serious personal injuries to children. CPR techniques are much different for a child due to the size, development and anatomy of a child. Geraldine Hickey has a mission of getting this valuable information out to save and protect children. I recommend that you review her website and products for the health, safety and welfare of your child. The website is called babyzoneandbeyond. The company is based in New Jersey.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Playgrounds are placed in virtually every community in the United States. Some are new. Some are old. Some are well maintained with up to date inspections and repairs while others fall into rust and disrepair. It is vital that playgrounds are frequently inspected and maintained. When a playground is negligently maintained or supervised, children are at risk for personal injuries or, even worse, wrongful death.

Owners and administrators of parks, schools, day care centers, churches, and summer camps should strongly consider the hiring of a Early Childhood Outdoor Play Inspector or another qualified person to inspect and make recommendations for playground equipment. An Early Childhood Outdoor Play Inspector is certified after having passed a program offered by the NPPS (National Program for Playground Safety). You can locate a local Early Childhood Outdoor Play Inspector at the NPPS Website. For early childhood playgrounds, there are standards set forth by the National Association for the Education of Young Children (NAEYC), Consumer Product Safety Commission (CPSC), and other organizations. When placing your child in a day care center or school, ask questions and get information as to the inspection and maintenance of the playground. Good schools and day care programs will be more than happy to provide you with this information as a showing of the up to date maintenance and inspection of the playground equipment.

If you have a child who has been injured as a result of negligent playground equipment, maintenance, and / or supervision of the children, it is important to get legal advice from a child injury lawyer / attorney as to the issues that arise from the personal injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents now have access to affordable technology to track their children with GPS. One such device called Zoombak is priced at $99.00 for the unit and $15.00 per month for the service. A parent or caregiver can track the movement of a child on foot, bicycle, or vehicle. GPS technology plots the movement of the child every five minutes through the zoombak website. A parent can also put parameters or geographic boundaries on movement. If the child goes beyond those boundaries, the parent is then sent an e mail or text message regarding the same. Zoombak is sold at Radio Shack and Target.

GPS technology can give parents peace of mind and also can make parents better detectives in watching over or following the movements of their children. You can see a video demonstration of the product at the Technology Site for the New York Times.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Emergency rooms in California and other states get their fair share of child injury patients. Summer is a peak season for drowning related personal injuries and deaths throughout California and many other states. It is estimated that approximately 70 % of all child drownings take place in the three months summer period of June, July and August. Most of the tragic injuries and deaths related to child drownings in California involve children who are found in residential / backyard swimming pools and spas. Parents, guardians, and / or caregivers fail to realize that a child was in the swimming area or got out of the house. Because of this, it is important to have barriers like fences and gates to keep children out of pools even when they get out of the house unsupervised. Drownings can be significantly reduced with proper supervision and safety precautions like gates, fences, and pool alarms.

Educate yourself as to safety measures to prevent child drownings at 10 Rules to Prevent Child Drownings

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In high schools throughout the nation, high school athletes are pushed to their physical limits and beyond their limits as well. Both male and female high school athletes often times push through injuries through their own dedication or the push of their coaches to compete. Concussions / head injuries are a serious problems in high school sports / athletics. A study completed at the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio showed that over 40 % of athletes who suffered a head injury / concussion returned to play too soon. The short and long term effects from a concussion are exasperated and prolonged when the student athlete has not been enough time to recover from the damages / injuries caused by the concussion.

The Centers for Disease Control and Prevention estimate that concussions account for approximately 10 % of sport related injuries in young people ranging from the ages of 15 to 24. Statistically, there were over 100,000 concussions in this age range last year.

In high school football, it was reported that 16 % of football players who suffered a concussion returned to play the same day. Medical experts advise against returning to play so soon. Repeated concussions with limited to no recovery time has caused long term serious health problems to NFL football players over the years. Some believe that this has led to early depression and dementia. In some instances, football players and other athletes even die from head injuries that result in brain swelling leading to the shutting down of the brain stem and then respiratory failure. This is referred to second impact syndrome (SIS).

You can read more about the problems with concussions in high school sports including football at Concussions: Serious Health Risks to High School Athletes.