Articles Posted in Ohio

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 By  Andrew Baker, Attorney and David Wolf, Attorney

Building Blocks LIn Ohio and other States, licensed day care centers are regulated and overseen by a state social service agency. In Ohio, it is the Department of Children and Family Services is the social service agency that regulates day care centers.   When a facility is cited by the Department or charged by the police with failing to provide appropriate care, sanctions can result in the form of fines, arrest, license probation, and license suspension.   A caregiver, individually, can be arrested and fined as well.  It should be noted that the administrative proceeding and criminal proceeding are quite different than an insurance claim and civil case.   When rules and regulations are violated, the state can step in to discipline and fine the facility and / or its staff members.  For a civil case or an insurance claim, the elements of a case are a bit different especially when it comes to the element of damages.  For instance, a facility may violate a bunch of different building codes and get shut down by the state; however, if there are no harm caused to any of the children – there may not be a civil case or insurance claim to pursue.  Just because a day care center violates a rule or regulation or even engages in conduct that is criminal in nature – this does not mean that there will be a big settlement or any settlement for that matter on behalf of the child.
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By  Andrew Baker, Attorney and David Wolf, Attorney
Building Blocks Glossy - Q - Day Care CenterIn Ohio and other states, parents rely on day care centers to supervise their children during the busy work day.  For many parents, there is no choice but to use the services of a day care center.  It is certainly a challenge to provide the support of the family while paying for day care. Ideally, a child is placed in and cared for in a day care center that provides a safe, clean, and educational environment for the children.  Unfortunately, for far too many children, many day care centers are actually unsafe, unclean, and provide little in the way of education to the children enrolled in the child care program.   One would think that the State entity in charge of licensing and inspecting day care centers would evaluate all aspects of the day care center including the cleanliness, safety, and educational value of the facility.
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By Andrew Baker, Attorney and David Wolf, Attorney

Bandage Child InjuryChildren, especially toddlers, are unsteady on their feet. It is common for a child to fall throughout the day.  While in a day care center, summer camp, or school, a child may fall through no fault of the child care providers.  Then again, some falls are preventable with better maintenance of the facility and / or with better supervision.   Since child care providers should know in advance that children are prone to falling, safety precautions should be put in place to prevent falls and / or to prevent serious personal injuries from resulting from a fall.   Let’s take an example.  
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First Aid KitBy  Andrew Baker, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

In Ohio and other States, day care centers have a duty to properly staff and supervise children under the care of the day care center.  When corners are cut and rules are violated, children can and do get hurt. Many such personal injuries sustained by children at a day care center are avoidable.  At any given day care center, there are dangers for small children.   Even a mop bucket can be dangerous to a small child.  Yes, that’s right, a small child could drown in full mop bucket when there are no caregivers around to properly protect the child.  There are also electrical hazards to children.   There are many reports in which a child wanders out of a facility and into a nearby street or parking lot. This could have fatal consequences.  Again, many such incidents take place due to staff and supervision issues.   A watchful eye, common sense, due diligence, and a sense of caring can go a long way to providing for the health, safety, and welfare of children in the day care setting.

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By Will Brown, Attorney and David Alan Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Ohio.jpgIn Ohio and other States, children are, at times, injured as passengers in motor vehicles. In most accidents, the child is injured as a properly seated and restrained passenger in the vehicle. While in other accidents involving injuries, a child suffers personal injuries due to the lack of a seat belt and / or riding in or neat the vehicle as a stunt of sorts. For instance, some children have been injured while riding on the hood or trunk of vehicles. Others have been injured when towed by a vehicle while riding a skateboard, scooter, bicycle, or other wheeled device. Whether a child is injured by run of the mill automobile accident or one involving unsafe riding or stunts, a case or claim can be pursued by the parents of the injured child for the damages sustained as a result of the automobile accident, bicycle accident, and / or pedestrian accident.

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By Will Brown, Attorney and David Alan Wolf, Attorney

Published by Child Injury Lawyer Network

vehicle%20rear%20view%20mirror%20%231.jpgDriveways in residential neighborhoods are the unfortunate and tragic spots or location for back over accidents involving infants and toddlers. Because of the height of a toddler, a driver does not always see the child behind the vehicle. While back over accidents can be prevented in most instances, they still continue to take place in any given community. It is important to exercise the utmost of caution and care when backing out of a driveway because the child could be presence or walk into the driveway at any given moment. If there is a back over accident involving a child, the driver should stop at the scene of the accident or incident and call for medical and police assistance immediately.

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By Will Brown, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

go%20kart%20track.jpgAn Ohio boy tragically died at Circleville Raceway Park. The six year old was diving his go-cart in a private session at the race track when he was hit by a motorcycle. Officials report that the go-cart spun out and was hidden behind a small hill when it was struck by the motorcycle. The child received treatment at the scene of the accident and was transported by air ambulance to Nationwide Children’s Hospital. He later died from his injuries.

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By Will Brown, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Ohio.jpgAlisha Schlagenhauser, a 27-year-old woman, was charged with assaulting an autistic child in Wildwater Kingdom in Aurora, Ohio. Witnesses said Schlagenhauser was drunk when she was seen yelling and hitting the child. She was also seen dragging him by his harness through the park so forcefully that she caused him injury.

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By Will Brown, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Ohio.jpgAn unfortunate incident recently took place at the University of Cincinnati (Ohio). It was reported that Everette Howard, an 18 year old student, died as a result of injuries sustained by a Taser gun used by campus police. It was reported that Everette was attempting to break up a fight at the time. It is expected that a full investigation will be completed and then be summarized in a written report since a death resulted from this incident. There appeared to be several witnesses to the incident. The use of force by a police officer is permitted under certain circumstances. In particular, if the health safety and welfare of the police office and / or others are put at risks – force is often times utilized. There are particular policies and procedures in place for each police department as to the use of force including the use of Taser guns. The incident will be reviewed to determine if protocols and criteria were met with respect to the facts and circumstances of this incident.

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By Will Brown Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

day%20care.jpgAthens County Sheriff’s Office has been investigating allegations that a 72-year-old man inappropriately touched six children at day care centers in Athens County. The police and Children Services were first notified when a mother of two teenage girls said that the man groped her daughters at a store connected to a home day care center.