Child Injury Lawyer Blog

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 responsibility 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.

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

The State of Alabama has special laws in place pertaining to the liability of owners for dog bites. Children in Mobile, Birmingham and other Alabama cities and towns are especially at risk for serious injuries from dog bites to the size and strength of the child as compared to many medium and large sized dogs. Furthermore, many children lack the judgment and experience with dogs to know when there is danger lurking nearby. In Alabama, a dog owner is liable for damages / injuries caused by a dog bite when the incident takes place on the dog owner's property or when the dog chases a person off the property and pursues the victim of the dog bite. The Alabama dog bite statute is narrowly defined. Even if the dog owner is liable under the Alabama dog bite statute, the dog owner can still argue or file a pleading that the damages should be limited to actual damages (i.e. medical bills, loss of wages, and other economic damages) by alleging that the dog owner had no knowledge or reason to believe that the dog was dangerous. You can read through the dog bite statutes at the Code of Alabama - Dog Bite Statutes.

If a dog bite took place off the dog owner's property, then general negligence laws of the State of Alabama would apply to the situation or case. When the dog bite statute does not apply, the victim and his or her attorney must prove that the dog owner was negligent and had knowledge or reason to believe that the dog had dangerous propensities. There are many Alabama appellate cases that help define or explain the knowledge or reason to know of element of these type of dog bite cases.

Dog bites can result in serious personal injuries, deformities, scarring, and, in some cases, deaths of children and adults in the State of Alabama. As such, it is vital that dog owners maintain control of their dogs especially if there is any concern whatsoever that the dog poses of threat to children.