Child Injury Lawyer Blog

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

Unfortunately, arguments and hot tempers have become commonplace at child sporting events. A survey by SportingKid magazine found that 76% of respondents had witnessed a verbal argument at a game, and a whopping 29% had witnessed a physical altercation – all between adults.

Experts charge that an atmosphere of tolerance has become pervasive, and that it is ruining the spirit of the game for children. Stories of ridiculous behavior include a former Mississippi congressman exchanging blows with a referee after the referee made a comment that caused the congressman’s child to cry. Other stories are much more serious, including the beating death of a parent at a youth hockey game in Massachusetts. The beating took place in front of two teams of ten year old hockey players. The National Association of Sports Officials reorts that it receives over 100 reports each year of physical contact by coaches, players and fans against referees. Referees have been kicked, punched, choked, head-butted and even knocked unconscious.

Ironically, the main lessons kids are supposed to get from team sports are teamwork, how to win or lose gracefully, and how to play by the rules. When parents lose control they are setting a very bad example for kids. Overzealous parents are teaching kids that it is okay to taunt the other team, to cheat, to keep playing even when injured, and to yell at officials when they disagree with a call. Experts and reasonable parents are calling for training, discipline and tough punishments for unsportsmanlike behavior. A special training program in Mississippi has resulted in a significant reduction in the number of players and coaches ejected from games for bad behavior. A similar program in Alabama has reduced ejections by 62%. Find out more about what schools and parents are doing to curb sports violence at Violence mars youth sports.

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

The State of Alabama prohibits sex offenders from residing within 2000 feet from a day care center or school. Some sex offenders are one time offenders while others have committed crimes over and over. As such, it is difficult to predict if and when a sex offender will repeat his or her crimes. This Alabama law was enacted as a safety measures of sorts to keep sex offenders including child predators away from children attending school and day care centers. While the law may help prevent the abuse of children, it is by no means a measure that will in every instance keep child predators away from children. In Satsuma, Alabama, a sex offender was recently arrested for allegations that he was residing with his mother. The home was located near a day care center. The sex offender was arrested. Of course, the sex offender will have the right to defend himself through a criminal lawyer or the public defender's office. This instance highlights this Alabama law as well as a dilemma for many sex offenders as to where they can or should live. You can read more about this story at Satsuma Alabama Sex Offender Arrested for Residing Near Day Care Center.

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

In Alabama, a mother was arrested for having her teenage child ride in a cardboard box on top of a van. The driver, Jackie Denise Knott, informed Albertville, Alabama police that she had a good reason for placing her teen on top of the van. The reason was that the driver needed someone to hold down a box. Here is a better idea for this driver: leave the box and avoid putting a child at risk for personal injuries. Several drivers had called in this dangerous situation to police.

Parents do not always use good judgment in operating motor vehicles or supervising their children. Many children have been injured when riding unrestrained in the back of a pick up truck. While not many children are spotted riding on the top of a van, it is quite dangerous for the child. Fortunately, the teen was not seriously injured in Alabama. However, circumstances could have taken place that would have lead to serious personal injuries. A simple rear end accident or the wind or force from a passing semi tractor trailer could have turned this odd story into a tragedy. You can read more about this story at Alabama Mother Arrested for Having Teen Ride on Top of Van in a Cardboard Box.

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

In Opp, Alabama, two children were taken to the Opp (Alabama) Mizell Memorial Hospital for personal injuries that were sustained in a school bus accident. Another student was later transported to the hospital by a school staff member. The other vehicle involved in the accident crashed into the side of the bus as the bus was turning. The driver of the other vehicle had to be removed or extracted by the vehicle by a jaws of life device.

The cause of the accident or fault for the accident was not reported in the news article. See Opp, Alabama School Bus Accident Results in Personal Injuries.

School buses populate our roads mostly in the early morning and mid to late afternoon hours. All drivers should proceed with caution and slow their speed down when driving near a school bus or a school bus stop. Far too many injuries are sustained by children riding school buses every year. Safer driving free of driver distraction can help prevent or reduce the number of school bus accidents and resulting child injuries.

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

In Tuscaloosa, Alabama, FOX News and other media outlets reported a very disturbing story, as follows: Issac "Andy" Baker served the citizens of Alabama for 25 years as a patrol officer between 1975 and 2000. Mr. Baker's wife ran an in home day care center. A young girl stated that Mr. Baker sodomized her at the in home day care center. As a result of the young girl's allegations, a grand jury recently handed down an indictment of Mr. Baker. If the allegations are true, then this case is quite distrubing. Apparently, the grand jury took the allegations seriously enough to hand down the indictment.

Of course, Mr. Baker will be entitled to a criminal defense attorney on this matter. While FOX News and others reported the indictment, details of evidence were not reported. As such, it would be interesting to know the following:

*When did the girl report the abuse?

*Is there any forensic evidence that supports the allegations?

*Were any statements made by Mr. Baker, his wife, or other potential witnesses?

*Have there been allegations in the past?

*Was a medical examination performed on the child?

*If so, what did the medical examination reveal?

*What evidence / testimony was presented to the grand jury?

This case is disturbing in that parents these days may not be able to even trust that a former officer is a safe person to be around children. Criminal background checks help screen out dangerous people with a criminal history of violence or crimes against children; however, if the dangerous person has never been caught - then the criminal background check will be clear. The bottom line is that parents can never be too careful with their children's safety. You can read more about the indictment of Mr. Baker at Former Alabama Police Officer Indicted for Sodomy Charges against Child in Day Care Center.

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

In Alabama, parents must considering various factors in selecting a day care center. These factors include: costs, location, staffing, size, programs, credentials of staff, licensing, insurance, history of the facility, and hours of operation. The the Press Register recently reported that the average cost of full time day care for infants in the State was $5,460. Parents, of course, should consider much more than the cost of the day care when selecting a facility. Prior to enrolling a child in a day care facility, a parent should inspect the facility, interview staff members, speak to other parents, review the licensing information and prior inspections, and contact the Alabama Department of Human Resources. It was reported that the Alabama Department of Human Resources licenses approximately half of the state's day care centers.

Many parents find out about problems at a facility only after a child has suffered personal injuries and tragically in some cases death. Hopefully, a careful screening by a parent will avoid placement in a facility that lacks the supervision and safety measures that are necessary and vital for the health and welfare of Alabama's young children.

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

The Mobile County Health Department is the only health department in Alabama that has undertaken the task of monitoring and inspecting day care centers. The Alabama Department of Human Resources is the state agency that is responsible for day care licenses, inspection, and the over all regulation of these facilities. The current structure of Alabama law and regulation allows day care centers affiliated with a church or faith based group to operate without a license from the Department of Human Resources. The day care centers that are licensed undergo an inspection every 2 years according to current regulations. Unfortunately, many day care centers that violate the regulations or have an unsafe environment in place go undetected. This, in turn, puts children at risk.

The work and efforts of the Mobile County Health Department help fill the gap or hole created by the license and regulation system in place for day care centers. It is important that day care centers follow the regulations. Those facilities that are not licensed should responsibly provide for a safe environment for the children. In addition, consistent supervision of the children can help avoid serious personal injuries / deaths in the day care setting. You can read more about the Mobile County Health Department and the issue of licensed / unlicensed day care centers at Alabama Day Care Centers - Licensed / Unlicensed Facilities.

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

The National Highway Traffic Safety Administration (NHTSA) is recommending that three states (South Dakota, Florida, and Alabama) enact or pass legislation to require booster seats for children through the age of seven. According to the NHTSA, the 47 other states have enacted such child booster seat legislation. The push to pass legislation comes at the same time period as National Child Passenger Safety Week which runs from September 12 through September 18. The South Dakota legislature previously passed a law that was ultimately vetoed by the governor in 2007. Child safety advocates argue that booster seats lower or decrease the risk of injury to children who are involved in automobile accidents. The NHTSA takes the position that the legislation should apply to children through the age of seven. Passing legislation that sets the upper age limit at an age younger than seven puts children at risks according to some safety experts.

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

In Alabama and other States, many people including children were injured by public and private fireworks displays. In Birmingham, Alabama, it was reported that at least 5 people were treated by the Callahan Eye Foundation Hospital for fireworks related injuries. It appears that at least one of the injury victims was a child who was transfered to Callahan from a local children's hospital.

While fireworks demonstrations are part of history and fun for many, they also bring dangers that can be avoided with better safety measures or, in the alternative, avoiding the use of fireworks. You can read about this story at Fireworks Victims Seek Treatment at the Callahan Eye Institute - Birmingham, Alabama.

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

In Alabama and other states, roads are filled with teenage drivers. It is a big responsibility to get behind the wheel of a car. The teen driver is not only responsible for his or her own safety but also the safety of the passengers, other drivers, pedestrians, and bicyclists. An automobile is a "dangerous instrument" that can and does cause wrongful death and personal injuries on a daily basis. In Alabama, one out of every eight teenage drivers in an automobile accident according to 2007 statistics. This amounts to 30,000 teens out of 250,000 teens according to the Alabama Safe Teen Driving Coalition.

Tragically, over 4,500 teens ranging from the age of 16 to 19 died in automobile accidents in 2005. Many of these automobile accidents resulted from driver inexperience, poor judgment, driver distraction, and speeding.

You can read more about the dangers and problems of teen drivers in Alabama along with measures to decrease accident related injuries and deaths at Alabama Teen Drivers May Be Heading for Trouble.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.

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

In Alabama, Florida, and other States, charter buses fill the roads. There have been several charter bus accidents and incidents in the news over the past few months. This has led safety experts and government officials to question the standards for bus manufacturing, maintenance and operation. In Montgomery, Alabama, a charter bus filled with children recently caught on fire. It appears that the fire started in the brake system and then spread to other parts of the bus. Fortunately, the passengers (adults and children) were safely evacuated from the bus. One of the adult passengers did need oxygen from smoke inhalation. Fortunately, serious personal injuries and death were avoided.

You can read more about this incident at Charter Bus with Children Catches Fire on Highway 231 in Alabama.

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

Internet chat rooms serve as playgrounds for child predators looking to take advantage of children. In many instances, a child predator is able to lure the child not only out of the home but out of the child's home state. William Joe Mitchell recently appeared in federal court and pleaded guilty to the charge of the interstate transportation of a minor for sex. Mr. Mitchell met a 15 year old girl in a chat room online and knowingly transported a child that he knew was underaged from Bartow (Polk County) Florida to Anadulsia, Alabama. These acts were in violation of Title 18, United States Code 2423 (a) which makes it a crime to transport a child under the age of 18 with the intent of having sex. Mr. Mitchell also violated Alabama law which makes it a crime for a person over the age of 16 to have sex with a child under the age of 16 when there is more than a 2 year age difference between the defendant and the child. Mr. Mitchell was 46 years old at the time of the crime. For his crimes, Mr. Mitchell faces a prison term of at least 10 years.

The investigation, arrest, and prosecution of William Joe Mitchell were pursued as part of Project Safe Childhood. This program helps coordinate efforts to locate and apprehend child sexual predators between local, state, and federal law enforcement agencies.

You can read more about this story at Florida Man Admits to Crime of Interstate Transportation of a Minor for Sex - Faces Prison Term of 10 Years or Longer.

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

Parents and caregivers in Alabama and Other States send their children to child day care to get supervision and care in a safe living environment. Child day care staff should be caring and diligent in their responsibilities. Pursuant to the State of Alabama - Minimum Standards for Child Day Care Center - Regulations and Procedures, a child day care center is prohibited from the following types of disciplinary practices:

The use of any form of corporal or physical punishment is prohibited. What is corporal or physical punishment? This would include spanking, kicking, pushing, biting, pinching, shaking, hitting, thumping, hair pulling, ear pulling, and any other type of physical act like these whether or not visible injury results or not.

The use of verbal abuse is also prohibited. Physical injuries can produce scars, fractures, and other types of personal injuries. Verbal abuse can also have life long effects on a child as well. What is verbal abuse? This would include name calling, shaming, derogatory or mean remarks about the child or the child's family. It also involves the use of language or words that threaten, humiliate or frighten the child in the day care center.

The use of physical restraint for punishment is also prohibited.

There is also a regulation that prohibits the child day care center from using another child to administer punishment.

Beating, shaming, and restraining are prohibited under Alabama law. It does not matter that the day care worker grew up with beatings, spankings, or beltings as a form of punishment or whether these forms of punishment are thought of as effective. Alabama law prohibits these acts. If a day care or child care worker thinks that spankings are the most effective way to discipline a child in a day care center and then commits these acts, that day care or child care worker needs to find another career and a criminal defense attorney as well.

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

Working parents in Alabama and Other States need child day care centers to watch and supervise their children in a safe, healthy living environment. Raising young children and holding down a job can be very stressful for parents especially when the supervision of their children is out of their control for the better part of the work day. The State of Alabama - Department of Human Resources recognized the special needs of infants and toddlers in day care centers. As such, the Department of Human Resources set forth specific Minimum Standards for Child Day Care Centers for the care and supervision of Infants and Toddlers. These regulations and procedures include the following:

*Infants / toddlers shall be encouraged and supervised with the playing with a variety of toys;

*Infants / toddlers shall be given time outdoors (weather permitting) as part of the daily program at the child day care center;

*Infants / toddlers shall be given time for freedom of movement (outside of their cribs) in an open, safe and uncluttered space in the child day care center;

*Infants / toddlers shall be handled "gently". Rough or harsh handling is prohibited the Department of Human Resources Regulations and Procedures. Staff are also prohibited from shaking, lifting, or jerking either arm. Staff shall not lift, force, or move a child by grasping or grabbing clothing.

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

In Alabama, child day care centers are classified in one of two groups: Licensed or License Exempt. All centers, under Alabama law, that require a child day care license must be licensed by the Department of Human Resources. Child day care licenses need to be renewed every two years. The Department of Human Resources sets for minimum standards to qualify for a license. Once a license is approved, child day care centers must remain in compliance with these licensing regulations.

As part of the Department of Human Resources, the Child Care Services Division - Office of Child Care Licensing has the responsibility of licensing the facilities, visiting the facilities to verify compliance with child day care centers, and investigating allegations or incidents of non compliance with both licensed and license exempt (church) child care centers. You can access the Official Website for the Department of Human Resources for more information at Licensing Overview for Alabama Child Day Care Centers.

Compliance with State of Alabama rules and regulations for child day care centers is important from both a licensing and a safety standpoint. While compliance cannot completely avoid child personal injuries from happening at Alabama facilities, compliance can hopefully reduce the incidence of these injuries.

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

The Alabama Safety Belt Use Act of 1991 (“ASBUA”), codified at 32-5b-1, is Alabama’s primary law that governs safety belt use. This law requires every adult front seat occupant of a passenger car to have a safety belt fastened to their body while the vehicle is in motion. “Adult” was emphasized because Alabama law imposes a different set of requirements on the parents of small children riding with them in a vehicle. This makes perfect sense. Because a child’s body is significantly smaller in size and weight, it cannot be properly restrained by the same safety belt intended for a full grown adult. To make matters worse, fastening a child in an adult restraint could cause even more severe bodily harm / personal injuries to a child in an automobile accident. For these and other reasons, Alabama’s primary safety belt law refers us to a completely different code section at 32-5-222 which specifically governs child safety restraints. You can read this code section and others at the Official Site for the Code of Alabama.

Because we live in a potentially hazardous world, we are all taught at a very young age how to avoid danger and bodily injuries. “Look before you leap.” “Look both ways before you walk across the road.” “Don’t run with scissors in your hands.” All of these little reminders stick with us to promote our safety, but early on in a child’s life, a big part of a parent’s job is to take certain safety measures into their own hands in addition to teaching children about safety. This article was written in order to introduce parents to the specific laws that require Alabama parents to ensure their childrens’ safety while riding in a motor vehicle.

Parents should follow the seat belt laws for a variety of reasons. Furthermore, whether or not a State has a seat belt law or not, parents should use seat belts / safety belts for themselves and be consistent about the use of child safety and child booster seats.

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

In Alabama and Other States, children suffer personal injuries and in some cases, death, as a result of an incident or accident at a child day care center. In Alabama, a child day care center has reporting and documentation obligations and responsibilities for these incidents pursuant to the Department of Human Resources - Minimum Standards for Child Day Care Centers -Rules and Regulations. In particular, an Alabama child day care center must report within 24 hours any incidents, accidents, or injuries as follows:

any injury that requires professional medical treatment of a child while at the center or while under the care of the center at an off site activity;

any illness occurring or taking place at the facility that required emergency medical care or death;

any death occurring at the facility or during an off site activity while being supervised by the staff of the child day care center; and

any traffic accident with day care center children or students as passengers and the child day care center vehicle or school bus.

There are other documentation requirements but these are the key ones that involve child injuries or medical conditions of the child that require medical care or emergency medical services.

The reporting of these incidents allows the Department of Human Resources - to monitor and review injuries or illnesses taking place at an Alabama child day care center. These incidents are reviewed as part of related investigations and inspections of the Alabama day care center for licensing purposes.

In addition to the above, the Minimum Standards require child day care centers to communicate all illnesses, injuries, and disciplinary problems to the parent or caregiver.