Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother’s piercing screams brought the Washington state high school wrestling championships to a sudden halt in Tacoma recently. The woman’s seventeen month old child had just slipped through a gap in the bleachers at the Tacoma Dome, and had fallen twenty to thirty feet to the concrete below.

Amazingly, when medics reached the girl behind the bleachers, they found her conscious and moving about. She was rushed to the hospital, and is reportedly doing well, though her condition was not officially released.

A spokesman for the Tacoma Dome is calling this a freak accident, saying that the dome has been in existence for over twenty five years and this is the first time an accident of this nature has taken place. Immediately after the accident, Tacoma Dome employees searched the arena for gaps and taped over several as a temporary measure until more permanent modifications can be made. Investigators are now talking to witnesses to piece together what happened. They have said they will do whatever it takes to keep such an accident from happening again.

At the same event, a person fell through a ceiling tile in a restricted area, but was not injured badly enough to require a trip to the hospital.

To find out more about this harrowing accident at the Tacoma Dome, visit Child injured in fall from Tacoma Dome bleachers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A serious defect with restraint straps has led IKEA to recall its “Leopard” style baby highchair. Parents, who own a Leopard highchair, are advised to stop using it right away and return the chair to IKEA. They will receive a full refund. According to a store press release, the chair has problems with its snap locks, which could cause the seat to fall out from under a child while it is sitting in the highchair. Loose snaps would also pose a choking hazard for small children. The company has received eleven reports of defective restraint straps, and one report of an injury related to the defective straps.

According to a company spokesperson, any child seats sold at IKEA are us. It is troubling that a large, established company like IKEA would begin selling a children’s product without thoroughly testing it first. If an injury case related to these defective highchairs goes to trial, the company’s product testing policy will likely be central to the case.

Read more about the IKEA defective highchair recall at IKEA recalls highchair.

If your child has been the victim of a defective product, please contact our firm for child injury legal counsel.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Center for Disease Control and Prevention collects and publishes data regarding child injuries and deaths for Delaware as well as other States. According to the CDC, transportation related injuries had the highest death rate among children ranging in age from 0 to 19 years old in Delaware. It is tragic when a child dies. Other categories reported by the CDC were drownings, falls, fire/burns, poisoning, and accidental suffocation. Co-sleeping arrangements can, in some cases, cause suffocation related death or injurires to children. See Infants in Wisconsin and Other States at Risks for Personal Injuries and Accidental Death When Co-Sleeping with Parents or Others.

It is a great loss for the family, friends, school, and the community. In Delaware, drivers should obey traffic laws and operate vehicles according to the road conditions and traffic. Safe driving can help prevent many deaths and injuries to children. Other types of accidental injuries to children can be prevented or at least reduced with better child care supervision. In an effort to help reduce the incidents of child injuries, the CDC publishes tips and advice for parents, caregivers, teachers, and others charged with the responsibility for supervising and or caring for children. See Road Traffic Injuries - The Reality for tips regarding topics like car seats and teen driving. See Falls - The Reality for tips regarding safety at play, home, and while participating in sports.

Prevention is key to preventing the pain, suffering, and, in some cases, death to children. If a child is injured or dies due to the negligence of a care provider, school, day care center, or medical provider, a child injury lawyer can provide consultation and advice as to the legal responsibilities and rights associated with such a matter.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

In Pleasanton, California, a 3 year old boy fell out of a hotel window from the third floor. A fall from this height can result in serious personal injuries, head / brain trauma and damage, and, in some cases, wrongful death. Fortunately, the child's fall was cushioned by a screen and a hedge. The child had leaned on the screen attached to the window prior to the fall. The child was taken to Children's Hospital for treatment and evaluation. The fact that this child only suffered minor injuries is a minor miracle. This story shows the importance of safety precautions and supervision when a child is staying in a hotel or any building with windows that open or are accessible to children. You can read more about this story at Boy Falls from Hotel Window in California Suffering Minor Injuries.

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

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 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 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

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

Each week in Atlanta, Georgia, people are injured on escalators—often those people are children. While recent reports have blamed the popular soft-sided flexible clogs worn by children, escalator injuries are an ongoing problem that did not begin with the advent of the suspiciously ugly shoes. While the escalator industry has voluntarily created new standards for reducing the size of the gap between escalator steps and the escalator wall, these new standards do not have any impact on escalators built before 2000.

Meanwhile, children continue to suffer dangerous entanglement injuries in Georgia escalators. In the summer of 2008, a three year old child’s foot was sucked into the gap at the side of the escalator in a MARTA station. The child’s foot was mangled, leaving nothing but a nub where her small toe should be. There have been at least seven cases this year in Georgia involving children’s feet becoming entangled in escalators.

To prevent personal injuries like these to your child, keep feet away from the sides of steps where entrapment can occur. Learn the location of escalators' emergency shut-off buttons in case you need to stop the machine in an emergency. The emergency shut off switch is usually at each end of an escalator. Make sure shoes are tied and that clothing doesn't drag onto escalator stairs. Always hold children's hands and do not allow them to sit or play on escalators. Malls should be places of shopping not places of serious personal injuries to children.

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

In Alabama, child day care centers have a duty to provide children with a safe physical environment as to prevent personal injuries and wrongful death of children in the day care setting. Pursuant to Minimum Standards for Day Care Centers Regulations and Procedures, State of Alabama, Department of Human Resources, facilities have duties and responsibilities as follows:

*Keep the child day care center free from hazardous conditions;

*Keep substances that are flammable, poisonous or otherwise hazardous under lock and key and keep these materials clearly labeled;

*Keep firearms and ammunition out of the facility (exception for law enforcement);

*Equip all stairways with handrails within a child's reach;

*Put safety stickers or other clear markings on sliding glass doors at the child's level;

*Keep medications and drugs under lock / key and keep these items separated from toxic or other harmful chemicals;

*Erect and maintain barriers around radiators, heaters and fans that can be accessed by the children;

*Place and maintain protective coverings over exposed electrical outlets;

*Keep alcoholic beverages, non-prescription narcotics and illegal substances out of the child day care center; and

*Keep smoking and tobacco products off of the day care center premises.

These regulations promote the safety, health, and welfare of children. It is important for every Alabama day care center owner, administrator and employee to know and follow these regulations and procedures as well as the other rules and regulations set forth in the Minimum Standards for Child Day Care Centers. You can read more about these regulations / procedures and others at Minimum Standards for Alabama Child Day Care Centers - Department of Human Resources -Regulations and Regulations.

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.