Child Injury Lawyer Blog

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

A Bleckley County (Georgia) corrections officer was arrested in June, 2009 for distributing child pornography. A Cobb County, Georgia police detective posed as a 13 year old girl in an undercover operation. The corrections officer, Jason Shane Price, sent the undercover detective sexually explicit messages and images as well as videos of child sexual abuse.

Authorities are requesting information from the public if they have been in contact with anyone using the email address suthyrngent07@yahoo.com or boiledpenuts2001@yahoo.com. Individuals who have been in contact with these email addresses should report their contacts to the Crimes Against Children’s Unit at 770-801-3470.

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

A Clayton County, Georgia mother was arrested for leaving her four month old twins in a hot car while she was inside a Wal Mart. Janesia Williams left her twin babies in her car at about 10:00 p.m. while she went into the store on June 20, 2009. Another customer heard the babies crying through a cracked window in the car and called the police. Firefighters rescued the babies from the car and paramedics were tending to the babies when their mother strolled out the store to discover the situation.

The mother told the police that she was only in the store for five minutes. A witness who was parked next to the care, however, told the police that the babies were left in the car for at least 30 minutes. Temperatures during the day on June 20 were above 90 degrees.

The mother was arrested and the babies were taken to the hospital. The babies were later released to the care of their father. The mother was granted bond two days later by a Clayton County magistrate court judge. She has been charged with child cruelty.

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

Craig Landolt is the Fire Marshal for the Savannah (Georgia) Fire and Emergency Services. Fire Marshal Landolt and others throughout Georgia and the nation are urging parents and children to be careful this July 4th weekend around fireworks. Georgia and other states have restrictions or limits as to what fireworks are legal in the hands of consumers and which are not. Many times it depends on the projectile of the fireworks as well as the firepower in the fireworks themselves. Whatever type of fireworks you are igniting or around - exercise the utmost caution for yourselves and children. You can read more about Fire Marshal Landolt's recommendations and demonstrations at Dangers of Fireworks - Officials Urge Safe Use of Fireworks this July 4th Weekend.

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

In North Carolina and other states, All Terrain Vehicles (ATVs) can be fun and exciting for both adults and children. Unfortunately, many children in North Carolina and other states have suffered personal injuries and death while riding on (whether as an operator or passenger) an ATV. CSX Transportation is a train / railroad company based in Jacksonville, Florida is requesting that owners and operators of ATVs keep them off of railroad tracks this summer and at all other times of year. A combination of an ATV near train tracks and trains of any size can be quite dangerous. Tracks should not be used as tools to jump over. Operators of ATVs should also refrain from weaving across railroad tracks or chasing trains. You can read more about this story at Dangers of ATVs and Trains / Railroad Tracks.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A day care center in Baton Rouge Louisiana was recently shot down by the State of Louisiana Department of Social Services. Damiyn McElveen, a 3 year old enrolled in the day care center, was found dead inside the day care center's van this past week. Investigators believe that the toddler was mistakenly left in the van on a hot summer day in Baton Rouge, Louisiana. An full investigation will be conducted as to the circumstances and staff members responsible for the incident. In hot summer months, it is especially dangerous to leave any child unattended in a vehicle. Regulations and procedures were not followed. Otherwise, Damiyn McElveen would not have died in the day care center's van. You can read more about this story at Baton Rouge Louisiana Day Care Center is Shut Down by the State of Louisiana.

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

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

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

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

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

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

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

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

* any incidents of poisonings;

* castastophes, fires, or explosions.

The report must contain the following information:

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

* date and the nature (type) of event;

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

* disposition or outcome of the incident.

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

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

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

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

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

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

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

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

Violence comes in many forms in today's world. Children are affected by violence very day. Some suffer physical personal injuries from assaults, battery, sexual molestation, shootings, fights, and bullying. Others suffer psychological injuries or mental pain and suffering from acts of violence. Some children suffer both physical and psychological injuries from acts of violence whether the children are the actual victims or targets of the violence or just witness the violence.

Symptoms of PTSD include attention problems, sleep problems, intrusive thoughts, nightmares, flashbacks, and other symptoms of psychological distress.

Dr. Shakira Franco Suglia at the Harvard School of Public Health located in Boston, Massachusetts, conducted previous research on children. He identified a disruption of the stress hormone called cortisol in children with a diagnosis of PTSD. Dr. Suglia another now believe that they have found similar findings in children living in urban communities who are exposed to community violence.

Psychological distress often manifest itself in behavioral and developmental issues. It can have far reaching affects on a child from his or her functioning at home, school, and with friends.

You can read more about this story at Children Exposed to Violence At Risk for Psychological Distress.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical study, conducted by a doctor at University of Colorado along with other colleagues, reports that children, who die from over the counter cough and cold medicines, are often times very young. Directions on boxes and containers of OTC (over the counter) medications are very important. It is also important to read the counter-indications for such medications. When administered appropriately, over the counter medications are typically safely consumed by the child with little to no side effects. The medical study study reported in the Annals of Emergency Medicine determined that deaths that take place typically involve children under the age of 2 years old. Cough and cold medications and products can cause severe reactions, injuries, and death from toxicity.

You can read more about this story at Young Children Most at Risk for Toxicity from Over the Counter Cough and Cold Medications.

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

In Massachusetts and other states, school bus drivers should pay close attention to driving and supervising the children on the bus. School bus drivers should not use mobile phones while driving and certainly should never text message while driving. School bus drivers who allow themselves to become distracted by such technology put children in danger and, yes, risk the loss of a job. In Massachusetts, a school bus driver was caught texting and driving on video on a student's mobile phone. First Student, the school bus company based in Cincinnatti, Ohio fired the bus driver who was driving Clinton, Massachusetts students from Assabet Valley Technical High School.

You can read more about this story and actually see a You Tube video of the incident at School Bus Driver Caught Texting on Massachusetts Route.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents making methamphetamine has caused them to lose all three of their children. The Harrison County Sheriff’s Department arrested George Vincent and Amber Driscoll for felony child endangerment. A relative came and picked the children up. This is yet another unfortunate situation involving parents and drugs.

Methamphetamine is dangerous for children to ingest or even breathe in the vapors during the manufacturing process.

You can read more about this story at Mississippi Parents Lose Temporary Custody of Children for Making Methamphetaimine.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In May and June of each year, there are high school graduation parties. This should be a time for celebration and reflection of the milestone of graduating high school. Unfortunately, some high school graduation parties turn from sites of celebration to sites of tragedy, personal injuries, and death. In Mesa, Arizona, a police officer and 10 year old child were injured at a high school graduation party. Another man and woman were killed at the party while two others were injured by gunshot wounds. There are many reasons why disputes take place at high school parties. Sometimes, it is a fight over a girlfriend or boyfriend. Sometimes, it is alcohol or drugs that make people violent unreasonable, or dangerous. When you combine any of this with the use of a gun, there can be trouble.

Some homeowner's insurance policies cover gun related injuries and deaths while others do not. The policy must be read thoroughly and carefully to determine the appropriate coverage under the policy. The injured parties and the families of the wrongfully killed guests may be entitled to coverage under a homeowner's insurance policy. An Arizona personal injury attorney / lawyer can read the policy and advice victims and their families of their respective rights to compensation under the law and under the insurance policy.

You can read more about this story at Mesa Arizona High School Graduation Party - 2 Dead and 4 Injured.

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

In an 11th Circuit Federal Court of Appeals decision, the court reversed a federal district court opinion that held the State Medicaid program must provide the level of nursing services deemed necessary by a disabled child’s doctor. This case involved a North Georgia teenager who suffers from mental retardation and cerebral palsy. Her doctor ordered 24 hour in home nursing care.

While the district court found that this amount of in home nursing care was an abuse of the Medicaid system, the district court nonetheless held that the State’s policy of refusing to provide in home nursing care for 16 to 24 hours per day for more than a week was also inappropriate. The district court held that this refusal by the State was no based on what is medically necessary for the patient.

On appeal, however, the 11th Circuit reversed the district court and held that both the State and the private physician have roles in determining what is medically necessary for the patient. In so holding the Court relied on a federal regulation that permits states to place appropriate limits on a service based on such criteria as medical necessity or on utilization control procedures. The Court has remanded the case to the District Court for further proceedings. Essentially, the 11th Circuit, although reversing, has passed the buck back to the District Court to further address the role of the State and the doctor in determining what care is medically necessary for this disabled child.

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

In Illinois and other States, the negligent acts of day care center employees and owners frequently lead to an innocent child being injured. When a child is injured, there are medical bills and related expenses. There are also damages related to the mental and physical pain and suffering of the child. When a child is injured as a result of negligence, neglect, abuse, or neglect in a day care center, parents can pursue a personal injury claim, case or lawsuit. In matters of this nature, liability insurance can be pursued for these damages. Unfortunately, liability insurance companies and their adjusters frequently delay or fail to pay a fair settlement on a case. The injured child and his or her parents deserve their own representation by a child injury lawyer / attorney in cases of this nature. It is vital that the child is compensated for his or her injuries that in many cases do last a life time.

Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has a duty to maintain liability insurance coverage in the amount of $300,000 per occurrence. This is a specific requirement pursuant to the Illinois Administrative Code. While it is a requirement, not all day care centers comply with this very important standard.

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

In Illinois and other States, children are frequently injured at a day care center. Some incidents are mere accidents that could not be avoided even in the best of circumstances. Other injuries result from negligence, negligent supervision, improper maintenance, abuse, neglect, and, yes, from intentional acts of other children or employees of the day care center. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has duty to report and document injuries or illnesses that take place at the day care center. In particular, any accident or injury requiring professional medical care, death or other emergency services shall be documented in the child's record and verbally reported to the child's guardian or parent. In addition, these incidents or observations shall be reported to the appropriate local licensing office of the Department of Children & Family Services. The day care center must notify the Department in writing within 2 days of the incident.

Documentation and reporting are vital so that parents are duly notified of these incidents and illnesses. Furthermore, it is important for the Department to be notified so that the Department can step in when a matter is serious or when there are numerous occurrences at one facility.

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

Child care centers / day care centers in North Carolina have a duty to supervise children in a safe learning environment. There needs to be an educational or activity component to the day care center as well. Facilities are subject to the regulations set forth in the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 509 - Activities - General Requirements for Centers, facilities or centers have a duty to provide age and developmentally appropriate equipment and materials for the children that are accessible on a daily basis. The materials and equipment utilized by the child care center should help promote the child's social, emotional, physical and intellectual development. In other words, child care centers have a duty to provide a meaningful and educational experience for the children rather than mere, bland supervision. With respect to the materials and equipment used, the child care center should make sure that that they are free from toxic materials, pesticides, lead based paint, and / or other potentially harmful poisons to a child. Each day that weather permits, the child care center must provide for outdoor play that helps with large muscle development. North Carolina child care centers should strive to provide an environment that is physically and intellectually beneficial to the child in every respect. Unfortunately, some North Carolina child care centers / day care centers fail to follow the regulations and are, in fact, negligent in the care and supervision of the children. This, in turn and as a direct result of, causes serious personal injuries to North Carolina children.

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

In Illinois and other States, day care centers have the duty to properly supervise and protect children while in the facility, while outside the facility, and while transporting the children to and from home, activities, and field trips. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.280, the day care center has the following responsibilities as to transportation:

*Driver must have a valid driver's license and be 21 years of age or older;

*Driver must have a medical examination by a physician showing fitness to drive;

*Driver must have a good driving record with no more than two moving traffic offenses within a twelve month period of time;

*Driver has a duty to see that each child enters and exits the vehicle from the curb side of the street and / or is safety conducted across the street.

*Driver should make sure that a responsible person as designated by the child's parents or guardians take charge of the child when the child arrives or is delivered at his or her destination.

*Driver has a duty to maintain order on the day care transportation vehicle for the safety of the children.

*Driver shall inspect the vehicle after each trip to make sure that no child is left behind.

There are many other safety requirements set forth in the Illinois Administrative Code for day care centers and transportation. It is important for day care centers to follow these regulations and others to insure the safety of children while being transported. Unfortunately, many drivers are careless in their driving and / or supervision of children while being transported. These careless and negligent actions often times lead to child personal injuries that could have otherwise been avoided.

If an Illinois child is injured while being transported by a day care center, there are many issues that arise:

*How did the accident take place?
*Was the accident avoidable?
*What insurance applied?
*How are my child's medical bills going to be paid for or covered?
*What is the legal liability or responsibility of the day care center?
*What is the legal liability or responsibility of other drivers?

For transportation related injuries or automobile accident related injuries, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the accident / incident report, police report (if any), fire rescue records, medical records, medical bills, photographs, and other documentation / information regarding the incident / accident.

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

Social networking websites like My Space and Facebook are seen as a tool and a toy. Others see these sites as weapons as well when people go online to bully children, defraud children, and / or to otherwise harm children. In Missouri, Lori Drew was convicted of three misdemeanor counts of accessing computers without authorization. Ms. Drew went on My Space and posed as a teenage boy who was supposedly interested in a girl named - Megan Meier. Ms. Drew went online to find out information and to ultimately humiliate and cause mental pain and suffering to a vulnerable 13 year old girl who eventually committed suicide. While Ms. Drew was not convicted of crimes that caused the death of this child, Ms. Drew's actions are still criminal and she has been convicted. It is a shame that a mother got involved in the manner that she did and caused such heartache for Megan Meier. This case made national headlines as a cyber bullying case. As you can see, anybody is capable of being a cyper bully even a mother that lives down the street. Parents should spend their time supervising children and teaching them good habits and manners. Instead of parenting her child, Ms. Drew inserted herself into this situation which had a tragic ending. You can read more about this story at >Missouri Prosecutors Seek Prison Time for Mom Convicted in My Space Hoax.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, underage drinking among high schoolers is a big problem. Teenagers often lack good judgment when drinking alcohol. They do not know their own limits, understand the true effects of alcohol, and do stupid things while under the influence of alcohol. At Warwick High School in Lancaster County, Pennsylvania, shot glasses were ordered as prom favors. Yes, high school students drink. This is no secret; however, giving out shot glasses as prom favors really sends the wrong message. Eventually, school officials recognized the fact that this was the wrong message but somebody should have caught the order much sooner. Lesson learned. You can read more about this story at High School Ordered Shot Glasses for Prom Favors in Lancaster County, Pennsylvania.

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

When a child is injured in a North Carolina day care center / child care center, parents have a right to be informed as to the details and circumstances of the incident, accident, and injury. It is stressful enough for the parents to have to deal with the trauma, pain, suffering, confusion, and fear from a child being injured. It is even more stressful when parents are "kept in the dark" as to the details of the incident. How did the incident happen? Who was around when the incident took place? What caregiver was in charge? What kind of supervision was in place? Did the injury result from inattention or negligence? Was another child involved? Was the injury or incident preventable? These questions along with many others come to a parent's mind when a child is injured. North Carolina child care centers / day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules. Under Section 802 - Emergency Medical Care, a facility has a duty to provide a parent with an incident report when a child receives medical treatment by a physician, nurse, or other medical providers as a result of an incident or accident at a child care center. The incident report should be prepared by the facility and then signed by the parent. Thereafter, the child care center is required to send a copy of the incident report to the Division of Child Development, Department of Health and Human Services.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Dakota and other states, drivers get behind the steering wheel of cars and drive when they are under the influence of drugs and alcohol. Some are so inebriated or drugged out that they lack the necessary judgment and motor skills to safely operate a motor vehicle. In Bismarck, North Dakota, a driver (Nicoholas Krush) was arrested for DUI (Driving Under the Influence) when his pick up truck crashed into St. Alexius Hospital in Bismarck. At the time of the crash, the driver was not only impaired but he was also undressed. Yes, he was naked at the time of the crash. News reports state that the driver may have overdosed on prescription medications. Fortunately and quite miraculously, no one was injured in this accident.

Mr. Krush will need a good criminal defense attorney /lawyer to represent him on this matter.

You can read more about this story at Naked Driver Arrested for Crash into Hospital in Bismarck, North Dakota.

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

The Georgia Supreme Court heard arguments recently in an appeal by a Georgia teacher who was convicted of having sex with a 16 year old student at her school. The teacher was convicted under Georgia Code Section 16-6-5.1 which provides a 10 year mandatory sentence for any “custodian or supervisor” who has sexual contact with anyone who is enrolled in a school.

The Augusta, Georgia physical education teacher, who is a female, had a sexual relationship with a 16 year old female student who initiated the relationship with her teacher. In the first step of the appeals process, the Georgia Court of Appeals held that the girl could not consent to the sexual relationship and that this statute was designed to impose criminal penalties for this type of consensual relationship between a teacher and a student.

The teacher’s attorney then appealed that ruling to the Georgia Supreme Court. In oral arguments this week, the teacher’s attorney argued that a 16 year old is not a minor and can make her own decisions about sex. The prosecutor, however, argued that the State of Georgia has a compelling interest in protecting students in the public school system. A decision by the Georgia Supreme Court is forthcoming.

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

Madeline Kara Neumann died at the tender age of 11 years old in Wisconsin. Madeline had an undiagnosed and untreated condition - diabetes. With proper treatment, Madeline could have and would have lived a long and full life. Unfortunately, Madeline was deprived of the medical care that she so desperately needed. Madeline's death and the criminal prosection of her parents Leilani Neumann and Dale Neumann has raised the debate of religion versus healthcare - what is in the best interest of the child? Yes, we have freedom of religion in this country; however, the best interests of a child must be considered when weighing healthcare decisions versus religious preferences of the parents. This is especially true when a child's life has been lost. The Neumann's believed that their daughter's illness was a test of faith or a challenge to her spirituality. Unfortunately and tragically for Madeline, no amount of prayer or faith healing was going to medically treat her diabetes. Medical science has made great advances in the diagnosis and treatment of diabetes over the years. This is a proven fact. While prayer does have a place in society and is important to so many families like the Neumanns, the needs and best interests of the child must be considered. A jury will ultimately decide the fate of the Neumanns. You can read more about this story at District Attorney - Girl Whose Parents Prayed to Defeat Illness - Suffered a Needless Death.