Posted On: June 30, 2011

Georgia Day Care Records / Documents May Have Been Falsified

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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According to court documents obtained by The Atlanta Journal Constitution, a day care operator and staff member may have falsified reports tied to the death of two-year-old Jazmin Green. After the Clayton County daycare center had returned back from a trip to a Chuck E. Cheese restaurant in Fayetteville, an employee discovered that the child was missing. The child was found still strapped into her car seat roughly 35 minutes after the van returned back to the center, according to an affidavit. The child was unresponsive at that time and taken to Southern Regional Hospital, where she was sadly pronounced dead.

Georgia state regulations require that all daycare operators complete and sign a checklist which documents the number of children on an outing and the number who get off the vehicle. Also, they are required to perform a sweep of the vehicle to make sure that no child was left behind.

An affidavit that was filed in connection with the arrests of the day care administrator Marlo Fallings, her daughter and a juvenile assistant suggest that a checklist certifying that all children had been removed from the van after the day trip actually was filled out before the van arrived back at the day care center. Additionally, at least one hour passed between the time when the day care center personnel realized that the child was missing and when they dialed 911, according to the affidavit.

Fallings and Hopkins were arrested based on allegations of cruelty to children, reckless conduct and involuntary manslaughter. They were released on $35,000 bond. Clay County Police are still investigating the incident. For more information on this topic, see Day care records in toddler's death may have been falsified.

Posted On: June 30, 2011

Importance of Swimming Pool Safety - Disturbing Statistics Regarding Drowning Deaths and Children

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

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The United States Consumer Product Safety Commission (CPCS) kicked off this summer’s swimming season with their second year of its “Pool Safely: Simple Steps Save Lives” campaign. The campaign is a national public education program aimed at raising awareness of child drowning and other swimming related injuries. Already this year, there have been 55 drowning and 63 near-drowning incidents in 20 states and territories reported.

A press conference at the Parkway Family Aquatic Center, located in Chula Vista, California urged parents and children to be cautious in and around pools and spas. During the event, Chairman Tenebaum released CPCS’s annual statistics on drowning, near-drowning and entrapment:

• 76 percent of the 383 pool/spa- related drowning for children younger than 15 involved children younger than 5;

• 79 percent of the estimated 5,100 pool/spa emergency department – treated submersions for children younger than 15 involved children younger than 5;

• 72 percent of children younger than 15 fatalities from 2006-2008, and 55 percent of the estimated injuries from 2008-2010 occurred in residential locations;

• 96 percent of victims involved in a submersion incident will die; and

• There were no reported entrapment fatalities for 2010, but CPSC received three reports of entrapment injury.

Chairman Tenebaum said that the new data regarding drowning and near drowning of children younger than five is still a serious public health issue. The Pool Safety campaign encourages parents and children to get educated about pool safety and take preventive steps toward swimming safety. The campaign is a result of CPSP’s efforts to carry out the requirements set forth of Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act; 2007 federal legislation that mandated new requirements for pool and spa safety. For more information on this topic, see CPSC, U.S Olympian Hold Pool Safely Press Event to Release New Drowning and Entrapment Stats.

Posted On: June 29, 2011

Farming and Risk of Injury to Children - Importance of Adult Supervision and Safety Precautionshttp://www.theintelligencer.net/page/content.detail/id/555642/Farming-Season-Can-Pose-Risk-to-Children.html?nav=510

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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According to the National Safety Council, thousands of children are injured and hundreds are killed annually due to farming-related hazards. West Virginia farmers deal with two different circumstances in which children are injured on the farm. John Miller, a West Virginia University Ohio County Extension Agent said the first issue involved children who grow up and work on the farm, and the second pertained to children who visit the farm. Regardless of the circumstance, all children should be educated about the possible dangers on a farm.

Miller suggested that children who work on a farm be given age-appropriate tasks. In addition, children should always be supervised. He said, “You don’t turn a kid loose with a big tractor and send him up on a hillside- that’s just a recipe for disaster.” Every farmer should also have a safety plan for the kids.

Miller said children who visit a farm should remember that it is a place of business. First, children should know that animals can be dangerous. For example, people would often look at a cow with its baby calf and think it is cute, but “people need to remember that it is being a protective mother,” said Miller. He added, “There is no more dangerous time with a cow than when she has a baby calf- they will attack you.” Second, children should not play or climb on equipment because there are many falling and poking hazards. Lastly, people need to be aware of everybody’s location at any given time because when people stop paying attention, farming can become dangerous.

The National Safety Council Agricultural Division provided the following child safety tips for children on the farm:

- Do not allow children to go unsupervised on the farm
- Check your farm regularly for hazards that could hurt children
- Children who work on the farm should be given age appropriate tasks
- Furnish all storage areas and livestock pens with secured latches
- Always turn off equipment completely and remove all keys
- Never carry children on tractors or equipment

For more information on this topic, see farming season can pose risk to children.

Posted On: June 28, 2011

Pour Boiling Water on a Child . . . Go to Prison for 25 Years - Mother Sentenced in Beaumont Texas

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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Parents need a driver's license to operate a motor vehicle but there is no such license or test to be a parent. Unfortunately and tragically, some parents are unfit and actually take affirmative action to harm a child. In Beaumont, Texas, a mother was sentenced to 25 years in prison for the heinous acts of pouring hot boiling water of her 5 year old daughter's feet. The abuse caused severe burns to the child that, in turn, necessitated extended medical care and treatment for the personal injuries. The mother was arrested and eventually pled guilty to child injury charges. The child will need more skin grafts as she grows older. Hopefully, the child will be cared for in a more supportive and loving environment than the one that was provided by her mother. See Mother Behind Bars for Pouring Boiling Water Over Daughter in Beaumont, Texas.

Posted On: June 28, 2011

Former Olympia Washington Day Care Worker Pleads Guilty to Child Rape

By David Wolf, Attorney Published by Child Injury Lawyer Network

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A former Olympia, Washington day care worker, Elisha Tabor, 20, pleaded guilty to molesting a five-year-old child in the child’s home and molesting a four-year-old child while at work. As part of the plea bargain, Tabor pleaded guilty to one count of first-degree child rape and two counts of first-degree child molestation. The Thurston County Prosecuting Attorney’s Office dismissed one count of first-degree child rape and a count of first-degree child molestation in exchange for the guilty plea. John Skinder, Deputy Prosecuting Attorney, said that he will recommend that Tabor serve 18 years to life in prison. Tabor’s sentencing hearing is scheduled for July 7 at 10:30 a.m.

Tabor worked at the Olympia Early Learning Center’s McPhee Road site on Olympia’s west side from May 2008 until January 2011. Tabor admitted that he raped and molested the five-year-old boy while acting as his babysitter. Prosecuting Attorney Skinder said that during Tabor’s sexual deviancy evaluation, Tabor told the psychologist that he molested the four-year-old.

The Early Learning Center’s McPhee Road site has been closed since mid-April. The Washington child care center is being investigated by the state Department of Early Learning (DEL) for a complaint made in January that the center failed to report an allegation of child abuse at the school. According to a DEL spokeswoman, the McPhee Road site’s license is inactive and was placed on the department’s do-not-refer list in February. Read more at ex-Olympia day care worker guilty of child rape.

Posted On: June 27, 2011

Trust in Georgia Day Care Center Broken by Failures of Day Care Center and Staff

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Jazmin Green died at the tender age of 2. She was the child who was left in a day care center van outside of a Chuck E. Cheese during a field trip from a Clayton County (Georgia) Day Care Center. The tragic death of this child was completely avoidable had the required checklist been completed and the basic Georgia day care regulations been followed. Now, Charles Green, the father of Jazmin Green, April McAlister, the mother of Jazmin Green, and other family members mourn the death of these child and must deal with this tragedy one day at a time and certainly for the rest of their lives. Jazmin Green's parents through the years grew to trust the care and support from Marlo's Magnificent Early Learning Center. Unfortunately, the inattention and failure to follow basic transportation and safety measures broke this trust and now the family has to deal with the finality of a funeral rather than the everyday joy of a bedtime story to a wonderful little girl. See Toddlers Family Sees Trust Broken - Child Left in Day Care Center Van.

See Georgia Day Care Centers - What Rules / Laws Apply to Van and Bus Transportation and Passenger Checklists?. See also Arrests Made Following Death of Jazmin Green - Difference Between Civil Case and Criminal Case.

Posted On: June 27, 2011

South Florida Teenager (Andrew Silverstein) Drowns While Rafting With Camp Ramah Darom Summer Camp

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In the summer time, there are many rafting trips organized throughout the United States. Many of which are run through summer camps for children and / or private tour companies. One such trip turned tragic on the Ocoee River. Andrew Silverstein drowned during the rafting trip. The incident was investigated. It was reported that the raft overturned and then Andrew was pulled under the water. During the summer, Andrew was a camper at Camp Ramah Darom which is based in the State of Georgia. When Andrew was thrown out of the raft, his leg became stuck under a rock. It was certainly a tragic run of events that led to the death of Andrew Silverstein.

In Georgia, Tennessee, Florida, and other States, children are at risk for drowning deaths and injuries at public swimming pools, summer camps, lakes, rivers, oceans, and yes, even in the backyard swimming pool of their own home. While not all deaths or incidents are avoidable, parents, teachers, counselors, and tour guides should take all available safety measures to plan for or prevent possible drowning incidents. Teen Drowns While Rafting During Rafting Trip with Summer Camp (Camp Ramah Darom).

Posted On: June 27, 2011

12 Year Old Girl (Amber Kendrick) Tragic Victim of Hit and Run Accident in Jackson, Tennessee

By George Fusner, Jr., Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network

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Amber Kendrick, 12-years-old, was tragicallly killed during a hit and run horseback riding accident when a motorist struck her horse in Madison County, Tennessee. According to the Madison Country Sheriff’s Office, the crash occurred in the 200 block of Diamond Cove Road. A truck was traveling northbound when it struck a horse being ridden by Kendrick and Matthew Webb. The collision caused Kendrick to be ejected from the horse. Investigators said the truck continued north and struck a second horse being ridden by 20-year-old John Thomas Gobbell.

Allegedly, the driver of the truck stopped after the crash, removed the license plate from the vehicle and fled the scene. Kendrick was taken to Jackson-Madison County General Hospital where she was sadly pronounced dead. The other riders, Webb and Gobbell sustained minor injuries, and both of the horses died after the crash.

According to statistics, an estimated 30 million people ride horses each year in the United States. However, more than 2,300 riders under the age of 25 are sent to the hospital for treatment because of horseback-riding injuries. Believe it or not, horseback riding carries a higher risk of injury than motorcycling: on average, motorcyclists suffer an injury once every 7000 hours of riding whereas a horseback rider may have a serious injury accident once every 350 hours. The most common type of horseback riding related injuries are bruises, strains and sprains which affect the soft tissues (skin, ligaments, tendons, and muscles). Other types of injuries often include fractures, dislocations and concussions. For more information on this topic, see 12-year-old killed in hit and run horseback riding accident.

Posted On: June 26, 2011

Problems and Risks of Neglect and Mistreatment at Minnesota Day Care Centers

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Many cases of maltreatment were found in Minnesota day care centers after an investigation by the Minnesota Department of Human Services. For example, one child was killed after choking on a grape, another child was burned by hot foot and two more children had tumbled off changing tables. The state investigation occurred in the second half of 2010, after the department received 229 complaints against child care centers within that time period. Below are a list of substantiated maltreatment findings issued:
1. Golden Heart Child Care Center, North Mankato - A 4-year-old child died after choking on a grape. The child care center was find $1,000 and its license was placed on conditional status; it must revise its emergency protocol and train staff.
2. Central Child Care, St. Paul - After waking up from a nap, a 2 1/2-year-old child wandered off from the center and was eventually found by a passerby. The facility was fined $1,000.
3. Y Wee Care, Virginia - A preschooler left the facility and traveled about 300 yards through a college campus to the child's parent's office. The parents were not working that day and were contacted by a co-worker.

For more instances read Maltreatment findings at Minnesota day care centers.

Posted On: June 25, 2011

Las Vegas Nevada - A Dangerous Place for Pedestrians Including Children

By Jonathan C. Reed, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Las Vegas is well known for gambling, bright lights, Wayne Newton, and show girls. It also has been listed as one of the most dangerous cities for pedestrians. According to a national study, Las Vegas is listed as the sixth most dangerous metropolitan area for pedestrians. Over 400 pedestrians have died between the time period of 2000 and 2009. The study was completed by Transportation for America which is an advocacy group based in Washington, D.C. Statistics are collected and analyzed but it should be pointed out that a pedestrian is at risk in almost every city and town in the United States. While drivers should yield to pedestrians and bicyclists, many motorists are in a hurry to the destination and / or are distracted by mobile phones, texting, eating, and other activities that can make it dangerous for pedestrians and bicyclists in or near the roadways. See Las Vegas, Nevada - 6th Most Dangerous Metro Area for Pedestrians.

Posted On: June 24, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Van and Bus Transportation and Passenger Checklists?

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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There was a recent tragic death of Jazmin Green while on a field trip with a day care center to Chuck E. Cheese in Georgia. The death could have easily been avoided had the Georgia Rules and Regulations for Child Care Learning Centers been followed. Pursuant to Rule 591-1-1.36 Transportation of the Rules and Regulations for Child Care Learning Centers, day care staff members must check the vehicle to assure that no child is left on the vehicle. When a child is determined to be missing after a trip, immediate action to locate the child must be taken. There must be a signed checklist to account for the loading and unloading of children. Day care centers must maintain a copy of these signed checklists for a period of one year. Yes, a simple checklist, due diligence, and common sense can save lives and protect children while being transported by Georgia Day Care Centers. See also Jazmin Green (Toddler Death): What Went Wrong? Day Care Nightmare and Blunders: Tragedy for April McAlister and Family and Arrests Made Following Death of Jazmin Green - Difference Between Civil Case and Criminal Case.

Posted On: June 23, 2011

Louisville Kentucky 3 Year Old (Davion Powell) Dies as a Result of Senseless Violence and Being Caught in Crossfire at Apartment Complex

By David Wolf, Attorney Published by Child Injury Lawyer Network

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According to the United States Centers for Disease Control and Prevention, gun violence claims over 30,000 lives per year. For every person who dies from a gunshot wound, two others are wounded. In addition to those who are killed or injured, there are countless others whose lives are changed forever by the deaths and injuries of their loved ones.

A devastating example of gun violence occurred on the 500 block of South Eighth Street in Louisville, Kentucky. A three-year-old boy, Davion Powell was shot Friday night at a Louisville apartment complex. According to the investigators, an argument between residents broke out and escalated into gunfire around 11 p.m. The boy was shot during crossfire. Powell was in critical condition when he was taken to Kosair Children’s Hospital, and sadly he died Monday afternoon.

The investigation report shows that violence has been an ongoing problem at this apartment complex. Police were called to the same apartment the day before the shooting because several people broke out the windows to an apartment and assaulted a woman inside. The report also shows that when another woman tried to help, one of the suspects threatened her life with a handgun. Hours later the police responded to a different resident that said her window was broken out. The director of Louisville Metro Housing, Tim Barry, would not comment about the ongoing issues of violence but said the shooting was a police matter. A warrant has been issued, but no arrests have been made in connection with this case. For more information on this topic, see toddler shot in head dies.

Posted On: June 22, 2011

Minnesota Institutes Law for CPR Training for Day Care Centers

By Rob Shainess, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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Minnesota law now requires day care workers take a CPR course before working with children. The new law is called “Hannah’s Law”. Hannah’s law requires that all Minnesota day care center personnel, including teachers, assistants and staff who transport children, be CPR certified. The law came about as a result Hannah Kozitza’s death last summer, a four-year-old who suddenly choked on a grape at a day care center in North Mankato, Minnesota.

Under Minnesota’s previous laws, only one person in a day care was required to be trained in CPR. Charlie Brown day care center, located in Mason City, requires all of their employees to be CPR certified, regardless of how much they work. Kim Tabbert, the Assistant Director of the day care said, “We just want to make sure all our kids are safe. It's a comfort to the parents; it's a comfort to the staff to know that the people you are working with are trained in this."

According to the American Heart Association, almost 92 percent of cardiac arrest victims die before reaching a hospital. But statistics also prove that if more people knew CPR, more lives could be saved. Immediate CPR can double or even triple a victim’s chance of survival. For more information on this story, see childcare and CPR.

Posted On: June 21, 2011

Arrests Made Following Death of Jazmin Green - Difference Between Civil Case and Criminal Case

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Police officials in Clayton County, Georgia investigated the death of a 2 year old girl (Jazmin Green) and received authority to make three arrests just one day following the unfortunate, tragic, and preventable death. Authorities arrested Marlo Maria Fallings, Quantabia Shantell Hopkins, and a juvenile. The charges included the following: involuntary manslaughter, cruelty to children, and reckless conduct involving the death of Jazmin Green. Jazmin Green went on a field trip with other children from the Marlo's Magnificent Early Learning Center near Jonesboro, Georgia. The simple field trip to Chuck E. Cheese resulted in the death of an innocent 2 year old girl.

The criminal case against the three day care employees arrested will depend on the evidence, intent and / or recklessness of the criminal defendants, and the criminal laws in place for the State of Georgia. A criminal case is a separate and distinct proceeding from any civil case or insurance claim that may be pursued on a case of this nature.

It is estimated that the outside air temperature on the day of the incident was 92 degrees. The temperature in the van could have been in excess of 135 degrees. Jazmin's death is one of over 500 similar deaths that have occurred since 1998. It is estimated that over half of these cases involved a child who was left behind in the backseat. See 3 Arrested in Death of 2 Year Old Left in Day Care Center Van.

Posted On: June 21, 2011

Jazmin Green (Toddler Death): What Went Wrong? Day Care Nightmare and Blunders: Tragedy for April McAlister and Family

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Jonesboro, Georgia, a toddler (Jazmin Green - age 2) died because she was left in a hot day care van while staff members and other children were inside a Chuck E. Cheese restaurant. What went wrong? The simple is answer "Everything went wrong." By having a policy in place that is followed, tragedies and deaths of this nature can be and will be avoided. A driver's log should have each and every child on the list when the day care van departs the day care facility. Upon arrival, a roll call should be taken while the children and staff are on the van. Every person should exit the van with another roll call. Then, there should be a sweep or walk through of the van by one staff member and then another sweep or walk through by another staff member to make sure the van is empty. When the children enter the restaurant or field trip location, another roll call should be taken. There are no additional costs and no expensive equipment necessary for such a safety measure - just a pen and a piece of paper. Tragically, Jazmin Green died because such safety measures were not followed by the day care center - Marlo's Magnificent Early Learning Center. As a result, a family is in shock and grief over the tragedy. The phone call and subsequent hospital visit by Jazmin's mother, April McAlister, were two things that a mother should never experience. The mother was informed upon arrival at the hospital that Jazmin was in cardiac arrest. A 2 year old in cardiac arrest - this is something that should have never - never happened. See Child Dies After Being Left in Jonesboro Day Care Center Van.

The family of Jazmin Green can proceed with a wrongful death case against the day care center and staff. This would be a civil proceeding or a civil lawsuit for damages sustained by mother and father for the untimely and negligent death of Jazmin Green. There may also be a criminal proceeding or criminal case that results from the incident. The criminal case would be handled by by the local prosecutor and local law enforcement. There are different standards of proof and different laws in place for civil and criminal cases. For a civil case, the focus would be the negligent conduct of the day care center, failure to follow State day care policies and procedures, and failing to following day care policies and procedures. The criminal case (if one is filed) would depend on the Georgia laws in place and the standards or elements of the crime. Typically, the standard or burden of proof for a Georgia criminal case is greater than that of a civil case for the same set of facts.

Continue reading " Jazmin Green (Toddler Death): What Went Wrong? Day Care Nightmare and Blunders: Tragedy for April McAlister and Family " »

Posted On: June 21, 2011

Mother Caught on Videotape Smothering Child Shown to Fort Worth Texas Jury

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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A jury in Forth Worth, Texas found 18-year-old Shantaniqua Scott guilty of two counts of injury to a child with serious bodily injury: a sentence of 25 years behind bars. The jurors watched a graphic hospital surveillance video that allegedly showed Scott smothering her four-month hold son with a blanket and then her hand.

At trial, doctors at Cook Childrens Medical Center testified that they put the baby in a room with a hidden camera because they suspected he was a victim of child abuse. The child was brought into the hospital after he had stopped breathing. At first the doctors thought he suffered from severe reflux; a condition when acid from the stomach backs up into the esophagus. The baby underwent surgery to correct the condition. However, two days later he mysteriously stopped breathing again. Hospital staff became suspicious of child abuse, so they secured a hidden camera in the child’s room.

Scott later confessed to Fort Worth detective Dennis Hutchins. According to the confession tape, she admitted to smothering her baby. Scott said it was stressful being a teen mom and did not want to deal with it anymore.

According to teen pregnancy statistics, the United States has the highest rates of teenage pregnancy and teen births in the western industrialized world. The good news is that despite the media, teen birth rates have actually dropped by almost 33% since the beginning of the 1990s. Pregnancy prevention programs and more education about safe teen sex will help reduce the number of teen pregnancies. For more information, see video shows mom smothering baby.

Posted On: June 20, 2011

2 Year Old Toddler Left in Van at Field Trip to Chuck E. Cheese: Legal Rights and Responsibilties

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Clayton County, Georgia, a 2 year old toddler died after being left in a day care center van during a field trip to Chuck E. Cheese. The child was alone in the day care center van while the staff and other children were inside the restaurant / entertainment facility known as Chuck E. Cheese. When the child was later found, she was transported to Southern Regional Medical Center but she did not survive the hyperthermia / heat exposure of being left in the day care center van. An autopsy will be conducted to determine the cause and preventability of this child's death but it appears that the child died as a result of the unbearable heat of the summer in Georgia which was made much worse by being left in the day care center van.

The day care center involved with this field trip was identified as Marlo's Magnificent Early Learning Center. A simple transportation log could have and would have prevented this child's death. The day care center and staff should have documented the name of each child on the trip upon departure and upon arrival at Chuck E. Cheese. A visual sweep of the day care center van along with proper completion of a simple transportation would have better protected the children on the field trip. See Girl, Age 2, Dies on Day Care Center Field Trip to Chuck E. Cheese.

Georgia day care centers have a duty to provide a safe and healthy environment for children. This duty extends to transportation of children and field trips. The breach of this duty could serve as a basis for a family to bring a civil lawsuit against a day care center for personal injuries and / or death resulting from the negligence of the day care center staff.

The book titled The ABCs of Child Injuries - Legal RIghts of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Automobile Accidents, Damages / Compensation, and other topics. A free child injury book can be received at Free Child Injury Book for Parents Who Want to Know the Legal Rights When There Is An Injury to a Child. The book is also available on book readers, computers, and smart phones at Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: June 20, 2011

South Carolina - Day Care Regulations, Oversight and Safety - Investigation by WLTX into Day Care Violations

By David Wolf, Attorney Published by Child Injury Lawyer Network

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In Columbia, South Carolina, a two month investigation by WLTX uncovered what parents should know about their child’s safety in daycares. WLTX found that several day care facilities had issues noted by the Department of Social Services (DSS). There were a variety of issues listed: unsafe facilities, abusive treatment of children, lack of supervision, serving expired milk to infants, and caregivers listening inappropriate music and watching soap operas in the presence of children.

The DSS has a frequently updated database that provides information about complaints and deficiencies for every licensed day care center in the state, both commercial and at-home facilities. DSS visits commercial day care facilities regularly unannounced, but does not visit at-home day cares unless a complaint has been made. DSS shut down 41 facilities since 2010, and generally, they were shut down after a long series of violations.

Bunnie Ward, Director of Early Education at United Way, said that you should ask questions before enrolling your child in a South Carolina daycare, do your homework, and be diligent and observant once your child is enrolled. United Way suggests every parent learn to "S.H.O.P." The metaphor “S.H.O.P encourages parents to carefully evaluate each of the following areas in a day care center: “S”-supervision, “H”-health and safety, “O”- operation, and “P”-parent friendly.

Experts also agree that the best approach is for South Carolina parents to be proactive: Ask a lot of questions and make an educated decision about where your child will attend day care. For more information on this topic, see South Carolina Daycare Safety: WLTX Investigates.

Posted On: June 19, 2011

The Dangers of Energy Drinks to Children - What Every Parent Needs to Know

By David Wolf, Attorney Published by Child Injury Lawyer Network

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Energy drinks are beverages that are marketed as products that they "boost energy." These advertisements usually do not emphasize energy derived from the sugar they contain but rather increased energy release due to a variety of stimulants and vitamins. A new study said that energy drinks such as Red Bull, AMP and Rockstar have no health value and may even harm some children and teens.

Dr. Steven E. Lipshultz, co-author of the study published in the journal Pediatrics, said that the highly popular, yet caffeinated drinks are especially risky for children with heart abnormalities, attention-deficit hyperactivity order (ADHD) or other health or emotional problems. He said the energy drinks are a set of products that have no therapeutic benefits and are totally unregulated.

A survey suggested that 30 percent to 50 percent of teenagers and young people in the United States consume energy drinks, despite safety warnings. In addition, the researchers say that many users mix the energy drinks with alcohol, which can increase the risk for ill effects. And even without alcohol, the drinks still can be a danger.

Redbull officials said in a statement, “The effects of caffeine are well-known, and as an 8.4-ounce can of Red Bull contains about the same amount of caffeine as a cup of coffee [80 mg], it should be treated accordingly." However, according to Lipshultz, the drinks are consumed differently and faster. He said “You might take a couple at a time; it's unusual to take a hot cup of coffee and rapidly ingest multiple cups. It's a little bit different."

The FDA currently limits caffeine drinks to 71 mg per 12-ounce serving, but authors of the study noted that energy drink makers get around the rule by labeling their products “natural.”
For more informatoin on this topic, see the dangers of energy drinks.

Posted On: June 18, 2011

Lawrence Kansas Man Sentenced to 25 Years to Life in Prison for Molesting a 4 Year Old Child at Day Care Center

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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Douglas County Judge, Sally Pokorny ordered Richard Gonzalex, 69, to serve 25 years to life in prison for allegedly molesting a four-year-old girl. According to prosecutors, the girl alleged the acts occurred several times over a six week period in 2009.

The Chief Assistant District Attorney, Amy McGowan, read a letter from the girls’ parents in court asking the judge to give Gonzalez two consecutive life sentences; the parents feared that the crimes would affect her as she grew older. The parents said in the letter, “that is something that will be with her for a life time”.

The defense asked Judge Pokorny to sentence Gonzalex to serve 75 months in prison because of his age and lack of prior criminal history. The Kansas criminal defense attorney argued a life sentence was unconstitutional, but Judge Pokorny based her ruling on Jessica’s Law. The Kansas Legislature passed Jessica’s Law, which attaches potential life sentences to child sex crimes because child victims are the most vulnerable people and often do not have the vocabulary to speak out about the abuse. Pokorny looked at the physical injuries as well as the ongoing psychological injury. She said, “It is a harsh punishment for a terrible crime.”

Gonzalez was living at the time on the property home to Miles of Smiles Child Daycare Center. It was operated by his daughter, located southwest of Lawrence. The day care center closed in July 2010, according to the Kansas Department of Health and Environment records. Gonzalez is expected to appeal the verdict and sentence. For more information on this topic, see Lawrence man, 69, ordered to 25 years to life for molesting 4-year-old at day care center.

Posted On: June 17, 2011

Minnesota Day Care Centers - What Laws Apply to Outdoor (Playground) Play Space?

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Minnesota Day Care Centers - What Laws Apply to Outdoor (Playground) Play Space? Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0425 as to Physical Environment including Outdoor Play Space. Pursuant to Subparagraph 2. Outdoor Play Space, there must be at least 50 square feet per child in attendance of play space at the day care center or adjacent to the day care center in the form of a park or other play space available for the regular use of the children. On-site supervision is required by the Minnesota child care providers for children who are younger than school age when the play area is not adjacent to the residence. Depending on the traffic, water, and / or other hazards in or near the outdoor play space, an enclosure in the form of a fence or other barrier may be required. For safety reasons, the area must be free of litter, toxic items, water hazards, machinery, and other items that may cause potential harm or risks to the children in the outdoor play space.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the playground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: June 16, 2011

South Carolina Day Care Provider Arrested for Operating an Unlicensed Day Care Center

By David Wolf, Attorney Published by Child Injury Lawyer Network

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In the United States, most day child care facilities are legally required by law to be licensed. The Child Care Licensing Program in South Carolina enforces laws and regulations established by the State Legislature to ensure that child care facilities provide the basic health and safety requirements for all children in their care.

Despite these licensing requirements, a day care facility in York County was operating without a license. This discovery became apparent when a baby under the care of Kristyn Shipman Edley, 26 died. Edley was arrested and booked at the York County Detention Center. The arrest was for licensing only.

The baby who died in the care of Edley was Collan Gibson, the three-month old son of Glen and April Gibson. He died on April 27, and an autopsy performed the next day was inconclusive. However, police reports note that Edley placed the baby in a chair that was designed for infants with a straddle harness, and the baby went to sleep. About 30 minutes later Edley checked on the baby, and found him blue in the face and not responsive. The baby was taken to Piedmont Medical Hospital, located in Rock Hill where he sadly died.

Two weeks later Edley was charged with the day care violation, which is a misdemeanor charge. If convicted, she will face a 1,500 fine, six months incarceration or both. The Department of Social Services issued the following statement: “From a regulatory standpoint, Ms. Edley will receive notice to cease operation immediately. From an investigative standpoint, our Out of Home Abuse and Neglect unit will continue its investigation.” For more information on this topic, see day care provider charged.


Posted On: June 15, 2011

2 Year Old Girl Suffers Burns in Bathtub - Parents Arrested in Starr County

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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In Star County, Texas a two-year-old girl suffered burn injuries when her parents left her unattended in a bath tub. Her mother, Carolyn Garza has been charged with injury to a child by omission. Her husband, the toddler’s stepfather, Jesus Alberto Lerma has also been charged for negligence. The toddler was taken to San Antonio Hospital and treated for burns. She has since been placed in the care of another family member. The parents claim it was an accident and blame a faulty water heater.

The Starr County sheriff’s deputies are not taking this incident lightly. The Department of Family and Protective Services have become involved in the investigation. The department’s spokesman, John Lennan said “it's very important for parents or caretakers to properly supervise their children at all times, especially in the younger ages, because those children may not have the physical ability or the mental ability or the developed skill set to be able to remove themselves from that negative situation.”

Lennan also said that child negligence or neglectful supervision is the category that CPS investigates most. According to Lennan, the definition of neglectful supervision includes: “Placing the child in a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity and that could result in substantial harm to the child."

The toddler’s mother and stepfather could face jail time if found guilty. Injury to child by omission is a first-degree felony. However, police point out that this very well could have been an accident. When caring for a child, an accident with deadly consequences could happen in a blink of an eye. For more information on this topic, see Starr County couple arrested after girl burned by hot water.

The mother and stepfather will be entitled to representation by a Texas criminal defense lawyer or the public defender's office. There may be more details to the story that were not reported. Whether a crime was deemed to be committed or not, it is clear that bathtubs and hot water pose a risk of serious personal injury to children and that adult supervision of children is key during bathing time.

Posted On: June 14, 2011

Toddler May Have Been Drowned by Five Year Old in Kansas City, Missouri

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Kansas City, Missouri and in every community in the United States, there is one common dangerous place in most homes and apartments - the bathtub. Unfortunately and tragically, children continue to be victims of drownings in bathtubs. Just a few moments of inattention or lack of supervision can have deadly consequences. It is vital that a smal child be supervised at all times while in the bathtub - don't take that phone call and don't multi-task by cooking and doing other activities while a child is bathing in a bathtub. In addition, never leave water in an unattended bathtub before or after a child's bath time. In Kansas City, Missouri, police are investigating the death of a toddler - 18 month old Jermane Johnson, Jr. At the time of the incident, Jermane was staying with relatives. It was reported that a 16 year old (mentally handicapped) was babysitting the children on the day of the incident but was sleeping at the time that that the drowning incident took place. It is suspected by police officials that another child (5 years old) may have drowned the toddler because the toddler was crying too much. Due to the age of the 5 year old and the circumstance involved in the incident, it is uncertain how the case will be handled. Since the 5 year old is so young, it would be difficult to prove that she understood the magnitude and seriousness of her actions. See Toddler Drowns in Kansas City Missouri Bathtub - Police Suspect that 5 Year Old Drowned Toddler for Crying Too Much.

In many States, a relative can be held liable for the death or injury of a child while visiting the relative's home. For instance, a grandmother or an aunt can be held liable if negligence can be proved. In civil cases, homeowner's insurance policies should be reviewed by a Child Injury Lawyer to determine coverages and provisions that may provide for compensation for the injured child and / or the injured child's family. The book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance, Damages / Compensation, and Medical Bills / Medical Treatment. You can received a free book at Free Child Injury Book for Parents Looking for Answers to Questions. The book is also available at Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: June 13, 2011

Rockford Illinois Day Care Worker Charged with Sexually Assaulting Children

By David M. Baum, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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In one year alone, over one million children will become victims of some sort of child abuse and neglect in this country. An abused child is generally considered to be: "a child whose physical or mental health is harmed or threatened with harm, or by the acts of omission of a person responsible for his/her welfare."

In Rockford, Illinois a day care worker was charged with sexually assaulting children while working at Tiny Tots Daycare on Chateau Lane. The perpetrator, Kevin Yates, 56 was charged with two counts of predatory criminal sexual assault of a child, three counts of criminal sexual assault and nine counts of criminal sexual abuse. The known victims are a five-year-old and a teenager, but it is believed that more children might be involved. Yates had been working at the day care center in Illinois since 2005, which the Department of Children and Family Services recently shut down. The current charges cover a span of two years. Yates is being held in the Winnebago County Jail on a one million dollar bond and is expected to appear in court on June 9, 2011.

Although the majority of dare care centers in the United States are provided by responsible and trustworthy establishments, abuse and neglect in these environments still can occur. As such, it is important to have policies and practices to protect children in their care. For example, an Illinois child care centers should have thorough and comprehensive hiring procedures and should observe how a prospective employee interacts with children. Employees that distance themselves from the children instead of interacting with them or yell at the children are likely to be inappropriate care takers. In addition, employers should also require references and criminal background checks for prospective employees. For more information on this topic, see man accused of sexual assaults at Rockford day care.

Posted On: June 12, 2011

Trenton New Jersey - 12 Year Old Boy Struck by City Bus - Suffers Leg Injuries

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Trenton, New Jersey, a 12 year old boy suffered a leg injury when he was hit by a city bus according to local police officials. It was reported that there was a bicycle with a damages wheel at the scene of the accident. Firefighters and ambulance personnel responded to the scene to evaluate and treat the injuries sustained by the boy. Busy streets and intersections are often the sites of serious automobile, bicycle, and pedestrian accidents in Trenton, New Jersey and other cites. Whenever there is a bicyclist or pedestrian in an area (especially children) drivers should drive extremely careful so as to avoid hitting the bicyclist or pedestrian. Children often times do not recognize the danger of an intersection and sometimes cross outside of a sidewalk or against the instructions of street signs and / or traffic light indicators. The details provided by the Trenton, New Jersey news article were very broad. The police report and investigation would probably have additional details as to the cause and preventability of the accident. See Trenton Boy Suffers Lega Injury When He is Struck by School Bus in City.

Posted On: June 12, 2011

Levelland (Texas) Day Care Center Under Investigation for Child Abuse Allegations

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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Parents naturally have many fears when it comes to their children. But, possibly the worst nightmare a parent can have is finding out that their child has been abused while in the care of someone else.

A day care center in South Plains, Texas is being investigated by the Levelland Police Department for complaints of alleged sexual abuse and child injury. The sexual abuse complaint states that a three-year-old child told his parents that the daycare employee was “hurting him,” and the parents later examined their son and found evidence of sexual abuse. The child injury complaint states that another employee “tied a two -year-old boy’s feet down with duct tape so the child could not take off his shoes.” Child Protective Services are involved in the investigation but no charges have been filed.

There are many signs parents should be aware of if they suspect their children has been a victim of child abuse or neglect. These signs include a change in appetite, nightmares or wetting the bed after they have been potty trained. Parents should also listen carefully to what their children say; often children who are victims of child abuse will make spontaneous comments or statements that relate to the possible abuse. In this event, a parent should take careful note of what the child says in his or her own words and then write it down as soon as possible to make an accurate report.

Texas parents and parents nationwide who report an incident of suspected child abuse do not have to prove that it occurred. A report is a request for an investigation, and child protection workers are trained to assess abusive situations, identify problems and ensure the child’s safety. For more information on this topic, see Levelland day care center under investigation for abuse.

Posted On: June 11, 2011

18 Month Old Boy Crushed by Electric Table at Chiropractor's Office - Rights and Responsibilities

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Shoreview, Minnesota, a horrific incident took place at a chiropractor's office. A mother, Amy Elizabeth Newton, from Moundsview, Minnesota, was strapped to a table for treatment at the chiropractor's office. She was in the room with her 18 mother old child. While the mother was strapped or restrained, the 18 month old boy crawled under the chiropractor table and then unknowingly hit a button the brought the chiropractor table down on him and crushed him. All the mother was able to do was scream in horror to try to summon staff for help. While CPR was administered, the personal injuries suffered by the child including head trauma ended the life of this young boy.

The local Sheriff, Matt Bostrom, reported that criminal charges were not likely based on the facts as known at the time of the report.

While the chiropractor's office is not a day care center or a school, the facility should be maintained in a reasonable safe condition and manner. If children are allowed in the office and are known to visit the office, precautions should be taken to protect the children from dangerous areas and anything that may be deemed an attractive nuisance. In this instance, the mother was unable to supervise her child while strapped on the table. The mother was not able to properly supervise her children. As such, the staff should have made precautions during this time period for the supervision and safety of the child. Otherwise, care should have been provided to the mother under different circumstances or rescheduled altogether.

The staff's knowledge and experience with the chiropractor table and equipment were far superior to that of the mother and her child.

What started off as a simple day of treatment at a chiropractor's office ended tragically in the death of a child. It appears that the death of this child could have been avoided with better supervision and safety measures in place. When there are children around, any place including a chiropractor's office can be a dangerous place for a child. See Toddler Crushed at Minnesota Chiropractor's Office.

The death of a child presents lifelong challenges for the surviving parents and family members. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - is a basically guide for parents dealing with a child injury or death of a child. Of course, no book or person will have all the answers but the information in the book including chapters on Medical Bills / Treatment, Damages / Compensation, Day Care Injuries, School Injuries, and other topics can provide a parent with a basic roadmap to help them deal with a child injury or the wrongful death of a child. A free book can be obtained at Free Child Injury Book for Parents. The book is also available at the Apple iBookstore, Amazon, and Barnes & Noble.

Posted On: June 11, 2011

Crowds and Amusement Parks Returning to Amusement Parks Across the Country: Legal Rights of Guests and Legal Responsibilities of Amusement Park Operators and Owners

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

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Amusement parks in Ohio and nationwide that has taken a hit over the past few years due to the economic downturn are finally starting to bounce back. Crowds increased at many amusement parks in 2010; Six Flags Entertainment Corp. based in Grand Prairie, Texas, and Cedar Fair Entertainment Co. based in Sundusky, Ohio both reported an increase in attendance nationwide. Other regional parks also experienced modest gains.

Gary Slade, editor and publisher of Amusement Today said that parks are spending more money on new rides and attractions this year than the previous season. Bush Gardens in Tampa, Florida and Six Flags located in Georgia are opening new roller coaster attractions, and several other theme parks are making new additions to their water rides.

The increase in attendance at amusement parks is likely to cause an increase in personal injuries to both park riders as well as bystanders. While some participants will incur minor injuries such as bruises and skin abrasions, others will not be so lucky and will end up with serious injuries such as broken bones, head and spinal injuries and sometimes even death can occur.

If you have been injured at an amusement park there are some factors to take into consideration in order to make a successful legal claim. First, you must prove your injuries were caused by another person that is a member of the amusement park staff or management. Second, the amusement park injury should be caused by either direct/indirect negligence of that amusement park. Lastly, you should report the injury as soon as possible; the more time that goes by the more the park can cast doubt on your injury.

Amusement park owners should provide all ride operators and other employees with enough training so they understand ride restrictions, all warnings necessary to safely participate in the ride, crowd control methods, and company policy for potentially hazardous situations. Park owners are legally responsible to third parties for the acts their employees that are within the scope of employment.

The best ways to prevent personal injury at an amusement park is to exercise good judgment and common sense. Other tips include: always follow posted height, weight, and age restrictions; seat small children on the inside of the ride away from open sides; and make sure a ride has adequate restraints for your child’s age and size. For more information on this topic, see Thrill is back, so are crowds at amusement parks.

Posted On: June 10, 2011

Kansas Man Sentenced to Prison for Fondling Girl at Lawrence Kansas Day Care Center

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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The number of victims of child sexual abuse and molestation grows each year. According to the U.S. Justice Department, roughly 32% of girls and 14% of boys are molested before the age of 18. In addition, nearly 2/3 of all sexual assaults reported involved minors and roughly 1/3 involved children under the age of 12. In most cases, child molestation goes unreported. Estimates are that only 35% of sexual abuse is reported. The reason may be because kids are frightened or embarrassed to say anything.

Recently, Richard Gonzalez, 69, from Kansas was sentenced to prison for molesting a four- year-old girl at a rural Lawrence day care center in 2009. Prosecutors said he had molested the girl during nap times over several weeks at a day care center operated by his daughter. In January, Gonzalez was convicted of aggravated criminal sodomy and aggravated indecent liberties with a child. Douglas County District Judge Sally Pokorny sentenced him to serve 25 years to life on each count. The judge described the sentence as a “harsh punishment for a terrible crime.”

Perpetrators of child sexual abuse and molestation come from all different age groups, race, gender and socio economic backgrounds. One common factor in all cases is that children often know and trust their abusers. For more information on this topic, see Kansas man, 69, sentenced for molesting 4-year-old girl at Lawrence day care center.


Posted On: June 9, 2011

Minnesota Day Care Centers - What Laws Apply to Supervision, Behavior Guidance, and Corporal Punishment?

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0355 as the code pertains to Supervision, Behavior Guidance, and Corporal Punishment. A simple but important question is as follows:

Is Corporal Punishment allowed in Minnesota Day Care Centers / Child Care Centers?

The simple but important answer is NO. Pursuant to Rule 95.02.0395 of the Minnesota Administrative Code, "no child shall be subject to corporal punishment or emotional abuse. Under Minnesota law, corporal punishment means the non-accidental infliction of physical pain on a child by a caregiver. Corporal Punishment includes rough handling, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, shoving, and spanking. Emotional abuse means the infliction of verbal or psychological abuse. Emotional abuse also includes name calling, ostracism, shaming, derogatory remarks regarding the child or the child's family, threats, and humiliation of the child.

In Minnesota day care centers, caregivers can provide behavior guidance but not in the form of corporal punishment or emotional abuse. Behavior guidance should be given to educate the child and encourage positive self concept, self control, and the teaching of acceptable behavior.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and adherence to rules and regulations can help prevent many personal injuries to children in Minnesota day care centers. Any corporal punishment suspected in a day care center should be reported to the police and / or licensing agency for Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: June 8, 2011

Minnesota Day Care Centers - What Laws Apply to Child - Adult Ratios in Day Care Centers?

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Supervision in Minnesota day care centers is key to the safety and welfare of children. Licensed day care centers are governed by the Minnesota Administration Code Rule 9502.0367 as it relates to Child / Adult Ratios - Age Distribution Restrictions. The regulations set forth the child to staff ratios which are dependent on the number of children and the age of the children. It is vital that day care centers follow these regulations to ensure the appropriate amount of staff to supervise the children. Schedules of staff members should be maintained by the facility and followed to make sure there are no gaps in supervision or times of the day that the children are put at risks with inadequate supervision.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the play ground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

Posted On: June 7, 2011

Minnesota Day Care Centers - What Laws Apply to Day Care Activities and Equipment?

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0415 as to Activities and Equipment. Pursuant to Subpart 1 and Subpart 3 of this Rule, day care centers must provide for the physical, intellectual, emotional, and social development of the child. These activities must meet the following requirements:

a. be scheduled indoors and outdoors, weather permitting;
b. be appropriate to the developmental stage and age of the child;
c. include active and quiet activity; and
d. contain provider-directed and child-initiated activity.

The day care provider must have appropriate equipment according to activity and age group. The equipment may be new, used, commercial, or even homemade as long it is age appropriate, safe, and in good repair.

Compliance with Minnesota laws and regulations is vital to the safety and well-being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the playground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: June 6, 2011

Strong Winds and Bounce Houses - Dangerous Combination Leads to Personal Injuries in

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

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In Long Island, New York, three bounce houses went airborne after some strong winds lifted up the bounce houses at a soccer tournament. The incident took place at the Town of Oceanside (Long Island) New York at the United Soccer Club. Bounce houses can be susceptible to strong winds and thereby create a zone of danger when the bounce houses are not properly secured in place. When operating or renting a bounce house, it is important to read the weather forecast. Furthermore, it is also important to monitor the weather forecast and weather reports during the time that the bounce house is in place. While bounce houses are typically fun for children, safety is a priority at all times. It was reported that 13 people were injured as a result of this bounce house incident. See 13 Injured WHen Bounce Houses Go Airborne in New York.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - has chapters on Playground Injuries, Medical Bills / Medical Treatment, Damages / Compensation and other topics. You can receive a free copy of this book at Free Child Injury Book for Parents - Answers to Many Common Questions When a Child Is Injured. The book is also available at Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: June 5, 2011

Minnesota Child Day Care Centers - What Laws Apply to the Licensure of Day Care Centers / Child Care Centers?

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Minnesota Administrative Rules - Chapter 9502 - Licensing of Day Care Facilities - governs the licensing and the regulation of child care centers / day care centers in the State of Minnesota. It is important that child care / day care facilities follow these rules and regulations for the safety and welfare of the children under their care. When visiting a day care center, it is helpful for parents to have a general understanding of these regulations to determine if the facility / owner / and employees are following the appropriate rules, regulations, and standards.

Posted On: June 4, 2011

11 Year Old Girl (Abiah Jones) Falls from Ferris Wheel During Class Trip to Morley Piers Mariner's Landing Pier - Officials Investigating

By David Wolf, Attorney and Robert Fernicola, Attorney
Published by Child Injury Lawyer Network

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In New Jersey, a tragic death was reported. Abiah Jones, age 11, fell from a Ferris wheel ride at Morley Piers Mariner's Landing Pier during a school field trip to the New Jersey amusement park. She was later transported to Cape Regional Medical Center where she was pronounced dead. It was reported that the ride had passed the State inspection for amusement park rides. The incident is under investigation. See Girls Dies After Fall from Ferris Wheel Ride in New Jersey.

What started out as a simple day at an amusement park for an 11 year old girl turned into a day that will forever change the lives of her family, the school, and he community. The ride is known as the "Big Wheel". When a tragedy of this nature takes place, there are several issues or questions to may arise:

Who was on the ride with Abiah Jones?

What safety precautions were in place to prevent such incidents or accidents?

What supervision was provided to Abiah and her classmates?

How exactly (based on eyewitness accounts) did Abiah fall from the Ferris wheel?

Was there anything that could have been done to either predict, foresee, or prevent this incident from taking place?

Did the ride function properly at the time of the incident?

Were there any actions that amounted to negligence?

Of course, whatever the answers are to the above questions, an 11 year old girl died on a school field trip when her family was expecting her to return home later that day for dinner. What a tragedy for the family and what sorrow must have been felt to see that empty chair at the dinner table. Hopefully, the family will get support from the community and school in this time of great and unimaginable loss.

The State of New Jersey established The Carnival and Amusement Ride Safety Act which requires an annual inspection of carnival rides. Certification is required for amusement park rides. The State has an engineering staff in place to review, inspect, and enforce the provisions of this law. See New Jersey Carnival-Amusement Ride Safety Act.
While it is helpful to have this law in place, an annual inspection will not safeguard or protect riders especially children from all injuries or incidents at an amusement park or carnival. At times, rides will malfunction and supervision will be lacking. Furthermore, some rides may have a design defect that goes undetected by inspectors and engineers until a tragic personal injury or death takes place.

Posted On: June 4, 2011

Importance of Baby Proofing and Safeguarding Home - Helps Prevent Child Injuries at Home

By Benjamin Klopman, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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A new study confirms what common sense has known for a long time - that proper installation of appropriate safety devices can prevent child injuries at home. The study shows a clear link between babyproofing one’s home and a reduction in child injuries. The researchers at Cincinnati Children’s Hospital Medical Center looked at two groups of families with infants. One family had properly installed and maintained child safety devices in their home whereas the other family did not. The family that took the safety precautions had 70% fewer injuries requiring medical attention.

The study’s lead investigator, Dr. Kieran J. Phelan, said that parents may not have the time, training or resources to obtain and install the proper safety products. As such, The International Association for Child Safety (IAFCS) is encouraging parents to use the help of a professional babyproofer to help them choose and install the appropriate safety devices. The IAFCS is a worldwide network of child safety professionals and babyproofers that have helped parents to keep their home safe for over 15 years.

Regardless of whether Baltimore, Maryland parents chose to use a professional childproofer, parents can reduce the risk of injuries in their home by picking one, ten, or 100 things to make your home safer. For more information on this topic, see babyproofing one's home reduces child injury risk by 70%.

Posted On: June 3, 2011

Fatal Accident at South Carolina Rodeo - Horse Falls on 12 Year Old Girl

By David Wolf, Attorney Published by Child Injury Lawyer Network

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A tragic and unexpected accident took place at a South Carolina rodeo. It was reported that a 12 year old girl (Lauren Mackenzie Mathias) died as a result of injuries that she sustained when a horse fell on the girl. The incident took place near the arena at the South Carolina High School Rodeo Association. The incident was wholly unexpected in that the horse involved in the incident was well trained horse that was classified as "dead broke". At rodeos, there are safety precautions that should be in place for the protection of the participants and the spectators. Of course, some incidents take place that are not foreseeable and therefore could not have been prevented even with due care and planning. The 12 year old girl died as a result of head trauma. Her tragic death will certainly be a great loss for her family, community, church, school, and friends. See 12-Year-Old Girls Dies When Horse Falls at South Carolina Rodeo.

Posted On: June 2, 2011

More Details about Brunswick Georgia Child Drowning at Apartment Complex

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Brunswick, Georgia, the family and friends of Walter J. Copeland, III (age 7) as well as the community are still in the midst of dealing with the untimely and tragic death of this child as a result of a drowning at a Brunswick Georgia apartment complex swimming pool. Further details were released about the incident. Walter and his siblings did not reside at the apartment complex but were visiting a 15 year family friend at the time of the incident. The teenager had left the pool area briefly and when she returned she found Walter on the bottom of the pool. Certainly, there was no intent or malice involved in such an incident. Autopsy results are pending. See Police: Brunswick Boy Drowned in Pool While Others Nearby.

Many Georgia apartment complexes have swimming pools as one of the amenities. It is nice to have the benefit of a swimming pool for residents and guests but often times these amenities are provided with the caution of Swim At Your Own Risk or No Lifeguard on Duty. The provision of a lifeguard is an expense that is not part of the budget of many apartment complexes. Unfortunately, a swimming pool can be a dangerous place for children and others. Yes, swimming pools can be a lot fun. . . . . but swimming pools can also present a risk of personal injury or death to children and others.

When a child is swimming in or even present near any swimming pool or area of water, adult supervision is key to the safety and well-being of the child. It does not matter if the child is a good swimming, is staying in the shallow end, or is instructed to stay out of the water. Swimming pools are dangerous to any child who is not being properly watched or supervised.

Posted On: June 1, 2011

Comfort Therapy Provided by Paxton - Saint Bernard Therapy Dog with Winning Kids Club

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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When there is a disaster or trauma in a child's life, there are many resources available to the children and parents intent on getting the child treatment for the physical injuries and counseling for the psychological trauma. The Winning Kids Club is a non-profit organization with a mission of helping children who have been the unfortunate victims of trauma and natural disaster. Paxton is a gentle, loving, and smart Saint Bernard who is the focus of the Saintly Bernard Comfort Therapy offered by the Winning Kids Club. Paxton has provided assistance and comfort to children and families victimized by disaster, death, illness, personal injury, trauma, and bullying. Paxton has also befriended children with autism, ADHD, and other challenges.

Gail Ghigna Hallas, RN, PhD, is the president and founder of Winning Kids Club, Inc. She is an author and advocate for the rights, safety, and well-being of children. The acts and commitment of Dr. Hallas have made turned this concept into a true mission of love and charity for the benefit of children. Go to Winning Kids Club to find out more about this organization. If you feel that a child or group would benefit from the services and resources of the Winning KIds Club, Paxton, and Dr. Hallas, go ahead and contact Winning Kids Club.

 
 
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