Child Injury Lawyer Blog

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

California parents rely on child care center to provide their children with supervision, educational instruction, indoor play activities, and outdoor play activities during the day. Unfortunately, children suffer personal injuries at day care centers / child care centers on playgrounds. Many of these incidents result from inadequate or improper supervision and or negligent playground maintenance /design. Because children are prone to injuries at child care center playgrounds, the California Department of Social Services require child care centers to comply with Section 101238.2 -Outdoor Activity Space. The regulations as to child care center playgrounds / outdoor activity spaces can be accessed online at California Child Care Regulations.

The playground area needs to accomodate enough space so that there is 75 square fee of space per child based on the total licensed capacity for the child care center. Since California weather can get quite hot especially over summer months, the child care center must provide a shaded rest area for the children that is situated close to the playground area. The surface for the outdoor activity / playground must be kept or maintained in a safe condition free from hazards like holes, broken glass, debris, and garbage.

Many children are injured due to improper or dangerous playground surfaces below high climbing equipment, slides, and swings. It is important for child care centers to use surface material that absorbs falls. Approved or allowable surfacing materials include sand, wood chips, and pea gravel. While not particularly referenced, it would appear that rubber tire chips or mulch would also be acceptable as a playground surface below equipment like slides and monkey bars.

Child care centers have a duty to fence the playground area with a fence that is at least four feet high. Fencing is a tool that helps keep the children inside the play area and that prevents or discourages children from wandering away. Of course, a fence should not be used as a substitute for good supervision.

California child care centers that diligently follow the regulations help prevent or avoid many personal injuries that take place on playgrounds. If a child is injured at a California child care center or other area and the child requires medical care, the child care center has a duty to report the incident to the parents and to the Department of Social Services. See prior post - California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

Parents should request a copy of the report to make sure that the parents have the information and details as to the incident and injuries from the child care center. A California child injury lawyer / attorney can review the report and other information to determine the child's legal rights and entitlement to compensation for injuries and medical bills.

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 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 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

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

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 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.

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

Working parents and caregivers in North Carolina rely on day care centers to provide their children with a safe environment free from hazards and dangers. Standards are in place that regulation North Carolina child care centers / day care centers under the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 602 - Condition of Indoor Equipment and Furnishings, the facility must keep all items in good repair and in useable condition. Equipment and furnishings must be sturdy, stable and free from hazards or dangers that may injure a child. This would include sharp edges, lead based paints, splinters, loose nails, and other dangers. Broken equipment and furniture really has no place in a day care center. These items should be removed or kept locked away from children to avoid harm to the children. Day care centers should anchor or secure any items that may tip or fall on a child. In Jacksonville, Florida, a child died when a TV set fell on the child. (See ">Jacksonville Florida Dies When TV Set Falls on Child.) While this incident took place in a private home, it is still a good teaching point for day care centers to secure or anchor all heavy items to prevent a tragedy of this nature from taking place. Safety and compliance with regulations are vital to the protection of children in North Carolina day care centers / child care centers.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

As summer approaches, more and more children will be attending outdoor activities under the supervision of schools and child care providers. Parents and guardians are routinely required to sign permission slips before a child is allowed to go on a field trip to an amusement park or the local swimming pool. Does a permission slip signed by a parent make the school or child care provider not responsible for accidents and injuries?

The Iowa Supreme Court recently addressed this question in a case involving an 8 year old girl who was hit in the head by a flying baseball bat at a minor league baseball game. The girl’s parents signed a permission slip which said that the sponsor of the trip was not responsible for any injuries or accidents. The Iowa court found that the permission slip did not release the sponsor of the trip from liability. The Iowa Supreme Court issued this opinion gives parents and caregivers the ability to bring forth insurance claims and lawsuits even when permission slips or releases are signed. It is really against public policy and against the best safety interests of the child to allow negligent sponsors, businesses, and persons to act in a negligent manner, cause injuries, and then run away from liability for injuries caused to a child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Meridian, Idaho, a toddler (Auston Banks) survived a potentially deadly incident that took place while he was playing in an apartment playground. Auston was walking with a pencil in his hand when he walked by some swings. Auston walked in front of a girl on a swing and her foot hit the end of the pencil which, in turn, went through Auston's mouth and out the back of his neck. Auston was rushed to a local hospital where doctors removed the pencil. Doctors reported that the pencil came very close to a critical artery. Auston survived this incident. It was quite a terrifying day for Auston and his family.

As you can see from this story, common household and every day objects can turn out to be very harmful to toddlers and small children. You can read more about this story at Toddler Survives Freak Incident Accident with Pencil on Playground in Idaho.

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

In North Carolina and other States, dodgeball is played at schools, playgrounds, and parks. Opponents of dodge ball believe that it is a game of danger and bullying. The object of the game is to hit or peg another player with a ball. Personal injuries result from dodge ball games. Many injuries result when older players or adults play too rough or hard with smaller and younger children. In Mooreville, North Carolina, Tanner Badial, age 8, was injured in a dodge ball game at Mooreville Elementary School when the gym teacher hit Tanner with a ball. After being hit, the boy cried in pain only to be mocked and ridiculed by the coach. Detectives and investigators will conduct interviews to try to piece together the events and cause of the injuries. You can read more about this incident at 8 Year Old Injured During North Carolina Dodge Ball Game.

Adults including teachers and coaches should use due care when supervising or participating in sports or games with children. Dodgeball has been around for years and to many it is a tradition; nevertheless, the traditions of a game are no excuse for injuring a child.

When a parent or guardian has concerns about a a personal injury resulting from negligence, failure to supervise, bullying or other causes, it is often times helpful to have the advice, counsel and representation from a North Carolina child personal injury attorney.

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

In Ohio and other States, children and students enjoy the amenities and sites of state and national parks every day. Unfortunately, many students and children are injured in these parks. Some even die. In Cambridge, Ohio, a college student (Amy Adams) from Muskingum College recently died. She was hiking at a park in eastern Ohio when she fell from a cliff at Hosak's Cave. She was air lifted to Akron General Hospital where she died. Park officials state that Amy wandered off of a marked trail to get to the top of the cliff.

It is truly sad that a college student with such zest for life and adventure died.

While there is adventure and fun at state and national parks, there are also many dangers. All visitors, adults and children, should pay close attention to warning signs and dangers in these parks.

State and national parks have a duty to keep the parks as safe as possible. Trails and dangerous areas should be clearly marked with appropriate warnings and signage when reasonable and possible.

You can read more about this story at College Student Dies in Ohio Hiking Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arizona and other States, rivers can be quite dangerous places even for strong young men who believe that they can easily deal with the strong currents, frigid temperatures, and other hazards. Tragically, a dead body was found which will most likely be identified as one of three who jumped into the Colorado River on a hiking trip. The two teens and man were not wearing life vests or jackets. Until family members are contacted and the body is positively identified, the name of the victim will not be released by a newspaper. Search efforts continue for the other two people who were swept away by the strong river current. Grand Canyon Officials identified the three victims as Saif Savaya (age 15), Mark Merrill (age 16) and Joe Merrill (age 22).

I have visited Colorado within the past year and went white water rafting. I was told that the river had some strong areas but paled in comparison with other rivers. Nevertheless, I wore a life vest / life jacket and did not challenge the water by jumping into the cold waters.

It would be interesting to know more details about the incident with the three people who were swept away from the current. In particular, the following issues or questions come to mind:

Did others from the group jump into the Colorado River?

What warnings (if any) were the three people given as to the dangers of the river?

Did the three people ignore warning sizes or instructions not to go into the river?

Who was the guide or supervisor of the tour group?

What were the swimming skills of the three people?

Were there other areas of the river available or near by that would have been safer to go into?

It is tragic for a teenager or young man to lose his life at such a young age. You can read more about this story at One of Three Swept Away in Grand Canyon Found Dead.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, schools, and organizations rent bounce houses every day. Yes, bounce houses can be fun but they can also be dangerous. Bounce houses are known to be a common area where personal injuries to children take place. When renting a bounce house, parents, schools, and organizations should be careful in which company / operator is selected. The following issues / questions should be considered:

Is the bounce house owner / operator insured?

Did the bounce house owner / operator provide you with a copy of the insurance?

What experience does the bounce house owner / operator have?

What training did the bounce house owner / operator receive?

What safety measures are put in place by the bounce house owner / operator?

Does the bounce house owner / operator provide supervision of the bounce house?

For the safety of the children, the following measures should be put in place:

* a tarp should be placed underneath the bounce house;

* the bounce house should be staked down or alternatively weighted down with weights or sandbags;

* the bounce house should be thoroughly inspected once it is inflated to make sure that there are no holes or tears in the unit;

* the bounce house should be attended by the owner / operator or other adult while in use by the children;

* children under the age of 3 should be kept out the unit;
(Safety experts may disagree on this age requirement or minimum age for use of bounce houses.)

* children of mixed age ranges and sizes should not be in the unit at the same time. In other words, it would be dangerous to have 12 year old children bouncing around with a 4 year old children.)

* the maximum number of children should not be exceeded.

There are other safety measures and procedures that can be utilized as well. Even with careful planning and supervision, injuries can still take place on or around bounce houses. It is clear, however, that the implementation of safety measures can reduce the incidents of personal injuries sustained in and around bounce houses.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

South Carolina day care / child care centers are regulated by the South Carolina Department of Social Services - Child Care Services. Pursuant to Regulation 114-502 - Procedures - Reporting of Incidents, the child care center has a duty to immediately report the following incidents to parents, guardians, or caregivers of a child enrolled in the child care center:

* accidents or injuries that required professional medical attention; and
* child and staff contraction of communicable diseases that the Department of Health, by its regulations, requires to be reported;

The child care facility must also inform the Department of Social Services in writing within 48 hours of the above events. In addition, the child care center has a duty to immediately report to the Department the following:

death of a child or staff member that occurs or takes place on premises
* a child who is missing from the child care center;
* a child who is left unattended in a vehicle operated by the child care center
* incidents in which the police or Fire Rescue were called to the child care center;
* reports of child abuse; and
* criminal convictions of the owner and / or other staff members of the child care center.

The Department of Social Services - Child Care Centers has some reporting problems for other types of incidents as well. You can read the regulation to review all of the reporting requirements for the child care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The South Carolina Department of Social Services - Child Care Services is the government agency that licenses Day Care / Child Care Centers in the State of South Carolina. Like many other States, South Carolina has licensing requirements that are based on the size, purpose, religious affiliation, and other factors. Regardless of the type of day care center / child care center, each facility and its owners have a duty to provide a safe and healthy environment for the children so as to prevent serious personal injuries while under their care and supervision. Child Care Services has a Child Care Center Locator on its web site that can assist parents and caregivers in researching and finding child care centers throughout South Carolina.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Throughout the United States at schools, day care centers, after school programs, and public parks, children are injured on playground equipment every day. Many injuries result from falls from monkey bars or jungle gyms. A report by the Consumer Product Safety Commission indicated that most playground injuries resulted from falls off, falls from, or from being pushed off monkey bars or jungle gyms. Due to the high incidence of child injuries from monkey bars and jungle gyms, it is important for child care workers, teachers, parents, and caregivers to provide close supervision and assistance when small children are using monkey bars and jungle gyms. A helping hand from an adult will go a long way to preventing serious injuries like fractures, bruises, and lacerations from taking place.

By Ryan E.Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Monkey bars are placed on playgrounds in Massachusetts and throughout the United States. Children love hanging from, hanging upside on, crossing, standing on, and sitting on monkey bars. Many children enjoy the challenge and the height of monkey bars. The problem is that children fail to appreciate the dangers of monkey bars and sustain serious personal injuries from falls from monkey bars. A Boston, Massachusetts medical study mentioned on the the American Academy of Pediatrics Website concluded that serious injuries result from falls from monkey bars. The study reviewed admissions to emergency rooms and the injuries reported in these medical records.

A school, day care center, and others who are responsible for the supervision of children should seriously consider safety when deciding to install new monkey bars or deciding to remove old ones. If monkey bars are in place, the school, day care center, and others should consider the height and size of the monkey bars, the positioning of the monkey bars, and the size of the children.

It is important to ensure that there is adequate supervision of children playing on monkey bars. Parents should make sure that their children are being properly supervised, if they have any concerns, should immediately speak to the caregiver about removing the monkey bars unless proper supervision is consistently provided to the children.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety, New York Codes, Rules and Regulations (NYCRR), child care centers must maintain and utilize playground equipment like slides, swings, and climbing equipment according to manufacturer specifications and instruction. The playground equipment must be kept in good repair. In addition, the playground equipment must be age / developmentally appropriate for the child care center children.

In New York, children are frequently injured on playground equipment that is not properly maintained. Infants and toddlers are often times allowed to use playgrounds that are loaded with danger because the equipment is not age appropriate for this group of children. Even if the playground equipment is in good order and age appropriate, child injuries often result from improper or inadequate supervision by the child care center caregivers. Well maintained equipment combined with diligent supervision are keys to the safety of children on New York child care center playgrounds.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety of the New York Codes, Rules and Regulations (NYCRR), child care centers must have railings from the floor or ground to prevent children from falling off of porches, stairs, and decks. In addition, child care centers must provide and maintain barriers to keep children out of and away from unsafe and dangerous area. In particular, a child care center must have barriers in place in areas where there is a swimming pool, drainage ditch, well, hole, wood / coal burning stove, fireplace, and gas heater.

New York day care centers have a duty and responsibility to follow these regulations not only to comply with the laws but also to keep children safe. Properly installed and maintained railings and barriers can help prevent or reduce the number of child injuries from falls, dangerous conditions, and drownings.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Chuck E Cheese is a popular place for kid birthday parties and for pizza. The pizza is not the greatest of quality but edible nonetheless. Chuck E Cheese caters to children with arcade games, music, and an inside play area. Children and parents receive hand stamps upon entry as a measure to deter the abduction of children from the site. Some children misbehave at Chuck E Cheese. In some instances, it is the adults who misbehave. In Manheim Township / Fruitville Pike Pennsylvania, it was reported that two man got into a fight over an arcade game that resulted in medical care and hospitalization. There have been other reported incidents at Chuck E Cheese in Pennsylvania and other States.

Due to the number of guests and children at Chuck E Cheese, it is important for the staff and management to properly supervise all areas of the result to make sure that it is a safe environment for children. Guests who display aggressive behavior or who otherwise may pose a danger to others should be asked to leave the restaurant.

Parents and adults at Chuck E Cheese should remember that children are in every part of the restaurant. Make a good example for children rather than putting them in danger by fighting or showing other aggressive behavior.

You can read more about this story at Two Men Fight at Chuck E Cheese in Pennsylvania.

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

Investigators which included pediatric experts conducted an extensive study into the cause of injuries in Atlanta day care centers. While the study was conducted in 1988, its findings are still pertinent today in that the hazardous or dangerous areas in day care centers identified still persist today. These hazardous or dangerous areas that caused injuries to children in Atlanta Georgia day care centers including the following:

*Rock, concrete, stone or stump located in the fall zone on ground or in playground;
*sharp protrusion leading to lacerations, cuts and other injuries;
*blunt protrusions on playground equipment;
*trill and fall hazards;
*loose and broken parts to playground equipment;
*hard swing sets
*trip over hazards; and
*inadequate clearance leading to head injuries and other injuries.

Statistically the study found that 47 % of the injuries that took place at day care centers took place on the playground. This statistic should motivate day care centers in Atlanta Georgia and the rest of the nation to carefully plan, supervise, monitor, and maintain the playground area of the day care center. Better planning, maintenance, and supervision can help reduce the incidence and severity of child injuries at day care center playground areas. You can read the study of Atlanta day care centers at Playground Hazards in Atlanta Day Care Centers.

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

In Ohio child day care centers, children suffer personal injuries every day while participating in outdoor / playground play or indoor play. Many of these child injuries could be prevented with better and more diligent supervision by child care workers and with better and more timely maintenance of playground equipment and toys. In some instances, the playground equipment or toy is inappropriate for the child's age group, size, and maturity. For instance, raised platforms with no protective railings or sides would be inappropriate for infants and toddler who have poor balance and safety awareness. Toys with small removable parts or broken toys would also be inappropriate for this age group.

Pursuant to Chapter 5104 - Child Day Care - Section 5104.011 (B) (2), Ohio child day care centers must provide on site a safe outdoor place space that is enclosed by a fence or otherwise has as barrier in place to protect children from traffic and other hazards like waterways and electrical equipment. The space shall be not less than 60 square feet per child using the space at any one time. There are some exceptions to this law if there is an indoor play area, an accessible park regularly available and used for outdoor play, and close supervision. Whether the outdoor play area / playground is on site or off site, Ohio child day care centers must ensure that the play area, playground equipment, and toys are safe for the children and there is close supervision.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, children in child care / day care suffer personal injuries on playgrounds and outside areas. Some personal injuries result from poor supervision or negligent inspection / maintenance of playground equipment. Some personal injuries result from a poor design or dangerous heights of playground areas. Many injuries on playgrounds in Massachusetts day care / child care centers can be avoided with diligent supervision, properly designed playground areas considering the size and age of the children, and consistent maintenance.

Pursuant to the Department of Early Education and Care - Group Child Care Licensing Regulation P-GCC/SA-32, playgrounds must have impact absorbing ground surfaces in order to provide a safety barrier for child playing on playgrounds. This especially applies for playgrounds with any elevated surfaces and play equipment. Under this regulation, the Department has a chart as to the amount of compressed or uncompressed wood mulch, sand, wood chips, and other surfaces that must be used as ground cover for playgrounds. The purpose of this regulation is to prevent injuries or reduce the severity of injuries sustained by children on playground areas in Massachusetts child care / day care centers.

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

Before selecting a day care center for your child in Georgia and other States, it makes sense to do some research into the facility. Visit the facility and ask a lot of questions. Visit more than once if you like. See if you can speak to other parents with children in the program. Another great resource of information is the State of Georgia Office Website for the Department of Human Resources where you can access a database called the Facility Location and Information Guide. Search by city, county, name of facility, and other factors. It is important information to have and review.

If your child has been injured in a day care facility in Georgia or other States, it is also important ask a lot of questions to determine how your child was injured and if the injuries could have been avoided with better supervision and care at the day care center. You can also speak to a child injury lawyer for further guidance when dealing with the issues of medical bills, medical treatment, legal rights and responsibilities, and other issues involving an injury to a child in a day care center.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge's ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.

Whether your child is injured in Connecticut or any other State, it makes sense to consult with an attorney as to liability or responsibility for the child's injuries when the injuries were caused by the negligence of a person or business. Florida is another State where the Supreme Court has invalidated liability releases of this nature. The rulings of the highest courts in both Connecticut and Florida make sense since the rulings favor the best interests of the child and safety over protecting a business or person from negligent action or inactions leading to personal injuries of death. You can read more about the Connecticut snow tubing ruling at Connecticut Supreme Court Strikes Down Liability Waivers as Against Public Policy.

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

In Georgia and Other States, day care centers have a duty to report incidents of serious injury and death to the responsible child welfare agency. In Georgia, day care centers have a duty to report these incidents to the Department of Human Resources - Child Care Licensing Office within 24 hours. In particular, day care centers must report the following:

*any death of a child while in the care of the day care center;
*any serious illness or injury requiring hospitalization or professional medical attention beyond first aid rendered at the day care center;
*any fire (regardless of injury);
*any structural disaster within the day care center facility; and
*any incident / emergency situation that required the temporary relocation of the children.

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

Ohio child day care centers are regulated in part by the Ohio Revised Code (O.R.C.) Chapter 5104 - Child Day Care. Like many day care laws throughout the nation, the Ohio child day care law can be confusing. Even the definition of a child day care center is subject to various exceptions and definitions. For instance, there is an exemption from the legal definition of child day care centers in Ohio for a child day care center is operated by a religious institution or a parent of one of the children. Whether the child day care center is regulated by all of the provision of Ohio Revised Code 5104 or not, each child day care center or facility that provides child care in any manner must provide the child with a safe and clean environment while supervising and caring for the children. For private, public, and religious facilities that provide child care, a child should not suffer injuries due to negligent supervision or poor maintenance of the facility. If a child suffers personal injuries as a result thereof, the parents can legal take action in Ohio to recover medical bills and pain and suffering due to the child injuries suffered at the facility. Since the laws can be confusing and facilities, depending on the structure and business set up, are regulated in different ways, it is often times helpful to have the assistance, guidance, counsel and representation of an Ohio child injury lawyer / attorney for these child injury matters.

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

In Georgia and Other States, children are injured in day care centers every day. Some incidents result from normal childhood play and development. Other personal injuries, however, result from negligence and / or the failure of the staff to properly supervise, the infant, toddler, or child in the day care center. Pursuant to Chapter 290-2-2-.10, Record Keeping and Reporting, Rules and Regulations for the State of Georgia, a Georgia day care center must prepare and maintain documentation for incidents requiring professional medical attention (medical care) other than simple first aid by the day care center staff. The documentation for the incident must include the following:

*Name of the child;
*Type of illness or injury suffered or sustained by the child in the day care center;
*Date of the illness or injury in the day care center;
*A description of how the injury or illness occurred or took place;
*Staff present during the injury or the incident;
*Method or manner of notifying the parent; and
*Service or care provided to the child at the day care center.

It is important for the Georgia day care center to follow this regulation so that illnesses and injuries are properly documented to comply with the rules and regulations. It is also important for day care centers to have this information available to discuss the incident with caregivers and parents. Finally, it is important to have this information for State inspectors and regulations for inspections so that government officials can monitor incidents of this nature to make sure that there is not an ongoing or chronic problems with injuries at the day care center. You can read more about the Record Keeping and Reporting Rules and Regulations at Chapter 290-2-2-.10, Record Keeping and Reporting, Rules and Regulations for the State of Georgia,

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

In Georgia and Other States, children in day care centers as well as homes and elsewhere suffering personal injuries and, in some instances, even death from unsafe or broken toys. In light of these days, the Georgia Department of Human Resources - Department of Family & Children Services enacted regulations for Toys for Children in day care centers. There is a specific section on Toys for Children Under the Age of 3 due to the increased risk of choking and other problems with toys for children in this age range. Pursuant to Chapter 290-2-2-.12 (ff), Physical Environment and Equipment, Rules and Regulations for the State of Georgia, all toys used (played with) by children under the age of three shall be:
*Easily cleaned by the staff at the day care center;
*Free from toxins and lead free (Day care centers should be on the look out for tainted toys. There were many lead based toys imported from China over the past few years);
*Free from sharp edges, pieces, and points that could be removed by a child;
*Large enough to prevent swallowing and related episodes of choking and asphyxiation;
*Free from rust; and
*Dutifully cleaned with a disinfectant daily.

These regulations make sense and are in place for the safety and protection of a child. These regulations can be challenging to some day care center that have a variety of age ranges in the day care center and that fail to segregate or separate the toys so that the young children are not exposed to nor have access to unsafe toys for their age range.

You can read more about the rules and regulations for toys in Georgia day care centers at Chapter 290-2-2-.12 (ff), Physical Environment and Equipment, Rules and Regulations for the State of Georgia Chapter 290-2 - Rules and Regulations for the State of Georgia - Department of Human Resources - Family & Children Service - Child Care Institutions.

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

In Georgia, rules and regulations are in place for the set up, supervision, and maintenance of playground equipment for Georgia Day Care Centers. The purpose of these rules and regulations is to promote safe play and ongoing supervision so as to limit or prevent child injuries that often take place when children play on playground equipment. Pursuant to Chapter 290-2-2-.12 (aa) (8) & (9), Physical Environment and Equipment - Rules and Regulations for the State of Florida, day care centers need to arrange outside playground equipment so that supervision of the children is not obstructed. The Georgia legislature recognizes the importance of supervision. If equipment prevents or obstructs proper, close supervision, then the facility may not be in compliance with these Georgia rules and regulations. Climbing and swinging equipment, like ladders, monkey bars, and other equipment, shall be properly anchored and shall have a resilient surface beneath the equipment and the fall zone that is adequately maintained. In addition to the above, day care centers should make sure that swings, ladders, slides, and other playground equipment are free from litter, sharp edges, and other hazards. Playground equipment can rust and become deteriorated over time. As such, it is important for a day care center to institute and follow a maintenance and inspection program to make sure that the playground equipment is safe for continued use and free from hazards. You can read about the rules and regulations at Chapter 290-2-2.12 (aa) (8) & (9), Rules and Regulations for the State of Georgia.

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

In Alabama and other States, children are injured in day care centers every day. Many of the personal injuries take place outside and in the playground area. The State of Alabama - Department of Human Resources - Minimum Standards for Child Day Care Centers - Regulations and Procedures - sets forth minimum safety requirements for playgrounds located at child day care centers.

Many injuries take place when a child falls off playground equipment. Some injuries occur when playground equipment tips over because the playground equipment is not anchored or in the alternative the playground equipment is not properly anchored or maintained. In light of these dangers, the Alabama Department of Human Resources set forth the following regulations and procedures:

*Concrete or asphalt surfaces shall not be used under playground equipment
(There is an exception for wheeled toys);

*The child day care center should make sure that the outdoor play area is well drained;

*Playground equipment that is permanent in nature shall be securely anchored so that the equipment cannot be tipped over by the force of an adult; and

*Outdoor stairways or steps shall have a child accessible handrails for safety.

Playground personal injuries to children in Alabama child day care centers can be avoided with the implementation of these safety measures. It should also be pointed out that these safety measures, regulations and procedures are the prescribed minimums for Alabama child day care centers. Even if the regulations and procedres are followed, an Alabama child day care center can also be held liable for personal injuries to a child / student if the facility or an employee was negligent in maintaining the playground environment or was negligent in the supervision of a child at the day care center. All Alabama child day care centers should follow the applicable regulations and procedures, provide diligent supervision, and use some common sense when caring for children in a day care center.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Maryland has day care centers and child care centers throughout the State. The State Board of Education sets forth standards for day care centers / child care centers pursuant to Title 13 A State Board of Education - Child Care Licensing. Under Regulation 13A.16.05.12. 12, the State of Maryland sets minimum standards for Outdoor Play or Playground areas. In particular, a day care center / child care center shall have an outdoor play area (playground) that is adjacent or easily accessible to the center providing ample play space. Each day care center / child care center must keep the outdoor play area free from hazards that may cause personal injuries or danger to the child. Hazards would include broken fences, broken playground equipment, unprotected or unfenced waterways, holes in the ground, glass or other sharp / dangerous objects, and poison ivy. Many injuries to children in Maryland can be avoided with good and consistent maintenance and supervision of outdoor play areas / playgrounds.

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

In Georgia and other States, day care center rules and regulations provide for specific provisions for outdoor play areas. Children in day care centers want and need a safe outdoor play environment during the extended time periods that the child is under the care of the day care center. Pursuant to Chapter 290-2-2-.12 (aa), Physical Environment and Equipment - Rules and Regulations for the State of Georgia, a day care center must provide an outside play area as follows:

*The outside play area must be 100 square feet times 1/3 of the center's licensed capacity for children;

*The outside play area must provide for 100 square fee of space available for each child occupying the outdoor play area;

*The outside play area must be safely accessed by the children from the day care building;

*The outside play area must be protected from traffic and other hazards by a four foot high or higher fence or other barrier approved by the Department of Human Resources;

*Fences and other barriers should be kept closed except when entering and exiting.

The purpose of the above rules and regulations is to make sure that the play area is large enough to allow for safe play by the children. Fencing makes sense to keep the children from wandering and to keep the children from going to unsupervised parts of the day care center. You can read more about the outside play areas and other parts of a day care center at Rule 290-2-.12 Physical Environment and Equipment - Rules and Regulations for the State of Georgia.

While complying with regulations will not guarantee an incident or injury fee day care center, compliance can help reduce the incidents of personal injury to children in day care centers in the State of Georgia and other States.

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

In Georgia, day care centers / child care centers have a duty to provide a safe physical environment for the children. These regulations, if followed, help prevent serious personal injuries and death to children in Georgia day care centers. Pursuant to Chapter 290 -2-2.12 (z) Physical Environment and Equipment, a Georgia day care center shall keep the following items / areas locked and away from access from children in the day care center:

1. All potentially hazardous equipment. This would include but would not be limited to garden & lawn tools, maintenance and cleaning equipment, sharp items, sharp utensils, engines, motorized equipment, and other equipment that could potentially harm a child in the day care center;

2. Non food related items under a pressurized container with aerosol dispensing cans. This would include cleaning supplies, deodorant, cleaners, and other items.

3. Flammable Liquids & Materials. This would, of course, include gasoline, oils, paint thinners, chemicals and anything that could ignite or worsen a fire;

4. Corrosive materials. This would include a wide array of chemicals that could harm a child if it came in contact with skin and / or was ingested by the child in the day care center;

5. Cleaning Supplies. This would chroline, detergent, Windex, amonia, and any other cleaning supplies that clearly are not appropriate for the use, play, or ingestion of a child in the day care center;

6. Insecticides. Insecticides can, of course, be highly poisonous and toxic for a child.

7. Poisons. If something does not fit under the above definitions but is poisonous or potentially harmful to the child, it should be kept out of the reach of a child in a day care center;

8. Office supplies. Office supplies can include a wide array of items. Something that seems like a common object can cause personal injuries or death to a child. For instance, the ingestion of a staple or lead can be extremely harmful for a child in the day care center;

9. Industrial sized or commercial buckets of 3 gallons or more and similar items. The purpose of this section is to keep these items away from children. If filled, a child can drown in a bucket of this size. A child can also fall into a bucket of this size and sustain injuries or suffocations. Big buckets and containers of this nature are very dangerous to children and should be secured away from their use, curiosity, and play according to the Rules and Regulations for the State of Georgia.

You can read more about the Physical Environment and Equipment Rules and Regulations for Georgia Day Care Centers at the Official Site for the State of Georgia Rules and Regulations.

It is important for the Georgia day care center to follow the regulations. If there is a question about the regulations and a child injury in a day care center in Georgia, it may be helpful to consult with a Child Injury Lawyer to determine rights, responsibilities, and causes of actions for such an injury.

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

Georgia Child Day Care / Child Care Centers are regulated by Georgia Law under Chapter 290-2 - Rules and Regulations for the State of Georgia - Department of Human Resources - Family & Children Service - Child Care Institutions. A Day Care Center is defined as any place operated by an entity for pay and group care for less than 24 hours per day for 19 or more children under the age of 18 which involves the transfer of legal custody during the portion of the day which is required to be licensed by the Department of Human Resources. You can read other definitions under Rules and Regulations for the State of Georgia at Chapter 290-2.2-.03 Definitions.

If there is a problem with a day care center or child care center, you can contact the Department of Human Resources - Division of Children and Family Services (DCFS) You can also contact a Child Injury Lawyer for consultation and guidance on day care related matters especially those involving serious personal injury to a child who was under the care of a day care center in Georgia. Day care center administrators and caregivers have a duty to provide a safe and clean environment for infants, toddlers, and children under their care. The safety and well being of the child in the day care setting should be the number one priority of the day care facility.

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

While Georgia’s Recreational Purpose Act is designed to encourage landowners to open up their property to the public for recreational purposes, the law has the effect of shielding landowners from liability for injuries caused by dangerous conditions on their land to children and other victims. This law permits landowners, including state and local governments, to maintain facilities with little regard for the safety of children using facilities such as parks and playgrounds. In a recent Georgia Court of Appeals case, a child was injured on a swing in a park owned by a Georgia city. The swing was installed on a hard surface rather than over a soft, resilient surface as recommended by the manufacture. Further, the city replaced certain parts on the swing with parts that were not recommended by the manufacturer and did not operate properly. Articles in local newspapers discussed dangerous conditions in the city’s parks, including the park where the child was injured. A lawsuit was brought against the city for the child’s injuries.

Under the Recreational Purpose Act, however, the Georgia Court of Appeals held that the city could only be liable for willful or malicious failure to guard or warn against a dangerous condition. In order to recover, the injured child had to show that the city had actual knowledge that the condition involved an unreasonable risk of harm to users. The court found that even though the city has instructions and warnings from the manufacturer about what type of parts to use on the swing was not sufficient to show actual knowledge of a dangerous condition on the part of the city. Because there was not sufficient evidence to establish the city’s actual knowledge, the city won and the child had no source of recovery for his injuries on the city’s dangerous equipment. Collins v. City of Summerville, 284 GA. App. 54 (2007).

Laws and cases like this set a dangerous precedent that does not promote the safety of children. Landowners should have some liability if a child is injured as a result of negligence. As you can see, the laws of Georgia and other States do not always favor the best interest or safety of the child.

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

Camden Belfield died in July 2008 after touching a light pole at Bartonville Park in Peoria Illinois. The wiring was insufficient and not properly grounded according to an investigation of the incident. It is most unfortunate that 8 year old Camden Belfield died due to inadequate safety measures for the light pole. The incident happened while Camden was playing tag with friends at approximately 9 p.m. at night on July 20, 2008 when he came in contact with the wooden light pole. Apparently, the light pole and its wiring had been deficient since the year it was installed in 1994. The school district owned the property and leased it out to the Limestone Girls Softball Association for its use. A lawsuit was later filed for the wrongful death of Camden Belfield.

As child injury lawyers / attorneys, we have handled eletrocution cases in past involving children. If a school, playground, business, or government knows or has reason to know that children will be in the area, the property owner has a duty to put safety precautions in place to prevent harm or injury to a child caused by electrocution. In Camden Belfield's case, even an unknowing adult could have been electrocuted by the light pole.

Typically, young children do not appreciate the dangers of electricity whether it is in the form of a wire, light pole, generator, transformer, or other equipment. Safety should be a primary concern when constructing and maintaining any electrical equipment. Proper safety measures and precautions saves lives. In many cases, it takes a tragedy like the electrocution and wrongful death Camden Belfield for a city, county, State, business or private property owner to repair or remedy dangerous or hazardous areas. You can read more about the Camden Belfield incident at Illinois 8 Year Old Dies from Electrocution at Softball Park.

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

Are Day Care Centers in Maine required to carry liability insurance? The simple answer to this important question is Yes. Liability insurance will cover medical bills and the pain and suffering of an injured child that result from the negligence or lack of supervision of the day care facility and its employees. The Maine Department of Heath and Human Services (DHHS) requires that day care centers have liability insurance in place of at least $100,000. There are some exception for this requirement if a person is using his or her own home for a day care program. Most day care centers are operated as a business outside of one's home. A children's day care facility or center is defined as a house or other place in which a person carries out a regular program for consideration (i.e. payment, money) for any part of the day for the care, protection, and supervision of three or more children under the age of 13 years of age.

Renter's or homeowner's insurance typically will not cover a person or business owner for day care related injuries or death unless the homeowner specifically informs the insurance carrier about the day care program and the insurance carrier specifically issues an endorsement for such coverage.

Whether a day care program in a home or commercial building has insurance in place is a question to ask before placing your child in the day care program. An informed and conscientious parent has every right to ask for a copy of the day care center's license, inspection reports, and proof of insurance. As you can see, it is the law in many States like Maine to have liability insurance in place. You can read more about liability insurance requirements for day care centers / facilities in Maine at the Official Site for the State of Maine Bureau of Insurance.

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

The R.M.S. Titanic sunk in 1912. Many people lost their lives because of inadequate safety measures on the ship. Another Titanic had problems in October 2008. This Titanic was an inflatable slide that was set up at a birthday party in Wisconsin. Apparently, the inflatable slide tipped over and dumped some of the children on the sidewalk and street. The incident raises question over the adequacy of the anchoring as well as the capacity of the slide for the number of children who were on the slide at the time that the slide toppled over. Supervision, placement, and anchoring are vital to prevent from inflatable slides and bounce houses.

An employee of the rental company was also injured. Two employees were at the party to monitor the inflatable slide. The reported injuries were minor but could have been more severely especially if a car was passing by at the time of the incident. This was a birthday party turned into a nightmare for the parents. Imagine seeing your child topple from a high and large slide onto concrete. You can read more about this incident at Titanic Inflatable Slide Tips Over and Dumps Children onto Street.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Florida Bureau of Fair Rides Inspection requires Florida's major theme park owners like Disney World, Sea World, and Universal Studios located in Orlando, FLorida to file occurrence reports with the Bureau every quarter. It is a rather loose standard as to what is serious and what should be reported. Most generally consider an overnight hospitalization as a serious condition or injury. Many of the incidents due involve illness or injuries to children. I visited EPCOT a few years back and saw two people on one ride - Mission Space - get ill on the ride. One person threw up and my friend got sick from a combination of the ride and the vomit from the other guest. My friend did not need medical care but the other person did get First Aid. Others have had heart failure after being on this ride. While the large theme park company have engineers and maintenance crews attending to the rides and the parks in general, injuries frequently occur at theme parks as a result of negligence, inattention, and improper or inadequate repairs and maintenance by theme park employees. You can research a data base of injuries at Florida's theme parks by going to Search: Theme park attractions injury, illness and death reports. I suspect that the database is less than complete due to the self reporting nature of the incidents at the major theme parks in Florida.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Lake Oswego, Orgeon Fifth Grader died after blocking a football punt at recess. The boy collapsed immediately and could not breathe. See Fifth Grader Dies from Recess Football Punt. This shocking and unexpected incident ended the life of the Fifth Grader. In Oregon and other States, accidents and incidents involving child injury and death take place every day on playgrounds and recess areas at schools, child care facilities, and day care facilities. Some injuries are preventable with safety measures and proper supervision. Others are just freak or unexpected incidents that unfortunately result in injuries and some times death to the child. When children are at recess, free play or physical education in schools, it is important that the children get appropriate supervision, use appropriate equipment, and play with children of their age and size. It is also important for the school, day care facility, or child care facility to properly maintain and keep in good repair all play and recess areas including slides, swings, monkey bars, carousels, ladders, bridges, and other sports and playground equipment and structures.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Hazing is still a serious problem in Florida and the rest of the United States. Clubs, fraternities, gangs, and sports camps all carry with them the danger of hazing. What is hazing? I guess this all depends who you ask. If you ask the hazing victim, hazing involves humiliation, degrading acts, psychological warfare, and physical abuse. If you ask the hazing criminal defendant, hazing is harmless fun that everyone had to go through in order to become part of the club, gang, or program. Like anything else, tradition is no excuse whatsoever for abusing another person. This especially applies to children.

The mental and physical injuries suffered by children who are victims of hazing incidents can often times last a lifetime. This especially applies to victims who have been sexually assaulted or molested.

In Las Vegas, New Mexico, six teens from the Robertson High School football program were charged with conspiracy and other criminal offenses for various hazing incidents at a high school football camp. The criminal acts included sodomizing the new football campers with broomsticks. How any of this relates to learning football skills or becoming a better football player is truly beyond comprehension.

The head coach and other coaches resigned. The quality and extent of supervision are seriously being questioned and should be investigated by police and prosecutors. In addition to a criminal investigation, the family of the victims can retain a personal injury attorney to further investigate the matter to make sure that those responsible (directly or indirectly) for the acts are identified and dealt with through criminal and / or civil proceedings. In addition to criminal charges, the victims of the hazing incidents may have personal injury claims against the school district, camp organizers, and any other entities that created or allowed such abusive incidents to take place. Imagine, parents send their child to football camp and the child comes back sexually assaulted and sodomized with a broomstick. This is truly a tragedy for the child and his family.

Robertson High School has a couple of New Mexico High School State Championships in recent years. Frankly, the horrific acts of sodomizing new recruits overshadows anything showing up in the win or loss column for the team in past years. You can read more about these hazing incidents at New Mexico Teens Charged for Hazing at Football Camp.