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

In 2005, the Georgia General Assembly severely limited an injured child’s, as well as injured adults, right of recovery in medical malpractice actions. With the passage of the Tort Reform Bill, the Georgia legislature limited recovery for pain and suffering to $350,000.00 against a health care provider such as a doctor or a hospital. In the event that more than one entity is named in a medical malpractice action, the child can recover $350,000.00 from each named defendant but can never recover more than $1,050,000.00.

While no recovery limit was placed on “economic damages” (damages for medical expenses and lost income), this limit on “noneconomic damages” will often leave a child without an adequate remedy for pain and suffering that could last for a lifetime as a result of medical malpractice that occurred when the child was quite young. There has been no appellate decision yet in Georgia affirming or overturning this statute. To read this statute see Official Website for the Georgia Leglislature.

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

The website Craigslist.com in Atlanta is under investigation by law enforcement agencies for its use as a child prostitution site. A non-profit child advocacy organization claims that in February, 2009, 176 girls were advertised on Craigslist in Atlanta, Georgia. The FBI has filed charges against two individuals for taking nude photographs of a 17 year old girl and then uploading them onto Craigslist. According to the FBI charges, the two individuals who were charged worked for two days as a prostitute, providing her earnings to the two individuals who have since been charged.

Craigslist reached an agreement with the attorneys general of more than 40 states, including Georgia, in November, 2008. Under this agreement, Craiglist requires posters of erotic services to pay a fee and give a valid credit card. While this agreement had an initial impact on the number of erotic postings, the number of erotic postings of children has since risen again. To read more about this story see Problems with Craigslist Pornography and Child Prostitution.

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

When considering where colleges with your teenager, Playboy magazine offers its own unique listing of colleges in the country—the annual listing of the top party schools in the nation. Considering categories such as bikinis, sex, campus life, sports, and brains, Playboy ranked the University of Georgia Number 7 nationally. UGA even received bonus points for having the “hottest sorority girls in the country.”

UGA has consistently ranked high as a party school and in recent years has made efforts to lower their rankings by imposing rules about student drinking. Notwithstanding these efforts, even a serious ranking of colleges, the Princeton Review, places UGA at number 7 for party schools. To read more see Party College / School Rankings - University of Georgia Makes the List.

Readers of our blog might recall a posting in January about a University of Georgia college student who took partying too far. That student went to a party, got drunk and tried to drive herself home. When she stopped at a stop sign, she passed out. The police found her passed out behind the wheel of her car at the stop sign. See University of Georgia Student Stopped at Stop Sign - Passed Out Drunk.

College students have a responsibility as adults to drive with due care and caution andto refrain from dangerous conduct that may affect the health, safety, and welfare of themselves and others. Peer pressure is alive and kicking in colleges through the nation. When you combine peer pressure, immaturity, drugs, and / or alcohol in any combination, serious personal injuries and wrongful death can result.

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

In a case before the Georgia Supreme Court, the issue of a public school’s liability for releasing a student to the non-custodial parent who did not have permission of the custodial parent to pick up the child is under consideration. The school receptionist received a fake FAX and telephone call allegedly from the custodial parent granting permission to the non-custodial parent to pick up his six year old daughter. The receptionist looked for the child’s information card to see who was authorized to pick up the child but could not locate the card. The school’s computer database did not have any warning about the father.

The custodial parent then sued the school receptionist for releasing the child to the father. The trial court granted summary judgment to the receptionist on the grounds that she was a public employee who was immune from suit for performing discretionary acts—acts that require an employee to exercise personal judgment. A public employee can, however, be sued for negligently performing a ministerial duty—a specific, absolute duty that does not require the exercise of judgment.

On appeal to the Georgia Court of Appeals, the grant of summary judgment was reversed because the Court found that the receptionist’s act of releasing the child was a ministerial duty and she had no discretion over how to perform the act. The issue under consideration by the Georgia Supreme Court is whether the school employee was performing a ministerial duty or was performing a discretionary act.

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

Young children especially boys are fascinated with guns. Guns are so cool to children that some bring the guns to school to show friends. How can this happen? How does the child gain access to the gun? What safety precautions are put in place for the gun? It is absolutely vital that gun owners safeguard their guns so that children do not have access to the guns. Children with access to guns bring them to school and show friends. This can be the recipe for disaster, personal injuries and wrongful death in Georgia and other States.

The Atlanta Journal Constitution reported that a 6 year old brought a loaded gun to Heritage Elementary School in Fulton County Georgia. The student showed it to a classmate at lunch before the gun was taken away. Fortunately, noone was injured. The students' parents were called about the incident. The parents will be required to appear before a school board tribunal before the child is allowed back into the school. You can read more about this story at 6 Year Old Georgia Student Brings Gun to School.

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

In a Georgia Court of Appeals decision on April 24, 2009, the Court reversed the trial court’s denial of a motion for summary judgment filed by the parents of a teenager who hosted a party at his parents’ home while the parents were out of town. The teenage boy held a party at his parents’ home while they were out of town for the weekend. The boy invited a friend who purchased methadone from another party guest. After consuming the methadone and alcohol, the friend died of methadone toxicity.

The parents of the teenage boy who hosted the party were sued by the dead boy’s mother. A motion for summary judgment was filed by the party host’s parents and was denied by the trial court. The Court of Appeals reversed the trial court, however. The court declined to impose a duty on parents to arrange for supervision of their teenagers while the parents are away from home. The Court held that the parents can only be held liable where the parent has taken some active part in the creation of the danger. Where the parents have not actively taken part in creating the danger, then they can only be held liable if the parent knew of a child’s propensity for the specific dangerous activity.

The Court held that in this case, the parents had no reason to know that their son had ever consumed methadone before and had no reason to anticipate that their son would host a party at their home in which another guest would illegally sell another person methadone or that the other guest would voluntarily ingest the methadone. The Georgia Court of Appeals in its reluctance to hold these parents liable attached no significance to the fact that these parents knew that their son had consumed alcohol and marijuana before, that their son had been caught by the police an unopened beer can in his vehicle, and that their son had indicated his intention of hosting a party in their home while the parents’ were out of town. See Tims v. Hasselberger, Georgia Court of Appeals A09A0035.

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

The family, school, and community of Morgan Johnson are in mourning over her untimely and tragic death. She was only 6 years old at the time of the Georgia automobile accident. Her family affectionately called her "The Princess". She was a kind and caring little girl who was loved by many. It has been an especially difficult time for her family, her church (Faith Church International in East Point), and her school (Southwest Atlanta Christian Academy). The death of a child of such a young age is not natural and certainly unexpected. Hopefully, the family will continue to have the support of friends, community, and church to help them get through these very sad times. You can read more about Morgan Johnson and her funeral service at Funeral Held for 6 Year Old Georgia Crash Victim (Morgan Johnson).

By Stephanie F. Brown, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Savannah Georgia is a wonderful tourist destination. Unfortunately, at times, Savannah is also the site of automobile accidents involving pedestrians, personal injuries and wrongful death. Recently, a business development manager from Sweden was killed and a woman from Sweden was injured when a pick up truck hit them during a night walking tour in downtown historic Savannah. Nils Eric Svensson, age 61, of Skanor, Sweden and Anne Christine Bjarkby were visiting Savannah, Georgia as part of a Swedish delegation. Ms. Bjarkby suffered a fractured hip. You can read more about this story at Swedish Delegation Members Injured in Savannah Georgia When Hit by a Pick Up Truck.

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

The Dekalb County (Decatur) School Board - Georgia will review an anti-bullying policy following the suicide death of an 11 year old boy. Jareem Harrera hung himself on April 16. He told his parents that he was upset after being teased for "talking funny" and "being gay". Tragically, Jareem was found by another family member after Jareem hung himself. The policy that was in place at the school required teachers to report instances of bullying and that three instances / incidents would be sufficient to get the violating student expelled.

Schools, teachers, and administrators in Georgia and other states should take a tough stance on bullying. It just should not be tolerated. As for Jareem, it is too little -too late to help this little boy; however, his death should not be forgotten and can serve as a teaching tool (a tragic teaching tool) as to the dangers and consequences of bullying. It will be interesting to know what complaints were made, the number of complaints, sources of the complaints, and actions taken by the teachers / schools. While we will never know sure, could the school have prevented this tragedy from taking place? Did Jareem feel alone and unprotected by the school? You can read about this story at Dekalb County To Review Anti Bullying Policy.

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

A Glynn County Georgia mane was recently charged with crimes of pornography and child exploitation. Harrell Hall, age 56, used his computer to make plans to meet a 14 year old according to Captain Marissa TIndale of the Glynn County Police Department. The most disturbing part of the story is that Mr. Hall is a computer technician. This is frightening in that Mr. Hall has a good bit of knowledge of computer and the internet which he has chosen to put to use by luring teenagers for meetings. While Mr. Hall communicated with what appeared to be a 14 year old girl, it is not clear if the "14 year old" was really an undercover agent. It is the intent of the criminal defendant that counts in cases of this nature. If Mr. Hall believed that he was communicating with a 14 year old, he was up to no good and is certainly a danger to other teens who may unknowingly be in danger from such predators.

This investigation was completed by Glynn County Police Department detectives as part of the Georgia Internet Crimes Against Children Task Force.

The evidence in these cases lacks a "paper trail" but certainly has a computer or internet trail that can be quite overwhelming and convincing.

You can read more about this story at Georgia Man Arrested for Child Pornography and Child Exploitation.

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

When a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.

When a proposed gross settlement is less than $15,000.00 after attorney’s fees and expenses of litigation are deducted, the natural guardian does not need to be appointed as legal conservator but does need to obtain Probate Court approval of the settlement.

In cases where the proposed gross settlement amount is more than $15,000.00, after attorney’s fees and expenses of litigation are deducted, the natural guardian must file a petition with the Probate Court to be appointed as legal conservator and must obtain approval of the settlement from the appropriate court. Determining the appropriate court for obtaining approval depends upon whether the claim is in suit or is being settled prior to filing a lawsuit. If there is no suit pending, the legal conservator must obtain Probate Court approval of the settlement. If there is a lawsuit pending, the legal conservator must obtain the approval of the trial court where the lawsuit was filed.

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

Often in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.

The Georgia Supreme Court has held that children age six and under are not capable of contributory negligence. With regard to children between the ages of seven and fourteen, however, the question of whether the child was contributorily negligent is for the jury to decide. The child’s ability to be contributorily negligent when he is between the ages of seven and fourteen will depend on the particular child’s mental and physical capacity. Children over the age of fourteen, however, are presumed to be capable of realizing danger and of exercising the necessary caution to avoid danger. Children over fourteen, therefore, must exercise the same degree of care as an adult.

A Georgia personal injury attorney specializing in injuries to children can advise you about how your child’s conduct might bar or reduce any recovery received for his injuries.

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

The Georgia Bureau of Investigation (GBI) initiated a major child born bust in March 2009. The GBI arrested 18 adults and one fourteen year old boy in a porn bust that focused on computers and pornographic pictures and videos of children. The GBI seized 74 computers yesterday and expects more seizures and arrests today. The operation, known as Operation Shattered Innocence, began in December after software traced emails containing child pornography.

Criminal convictions could result in prison time of up to 20 years and fines of up to $100,000. The children depicted in the pornography ranged in age from toddlers through teenagers. The GBI sweep was statewide and revealed nude children in pornographic poses and children in sexual situations. For more on the GBI’s investigation go to Georgia Authorities Arrest 19 People in Child Pornography Bust.

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

In 2007, 35 Bluffton University baseball team players and their coaches were traveling on a bus to play in a game when their bus went off of an overpass in Atlanta, Georgia. Seven people were killed and 28 were injured. The bus went off of the overpass on an exit ramp where the Georgia Department of Transportation failed to install an important road sign at an HOV exit. The National Transportation Safety Board harshly criticized the Georgia DOT’s signs and found that the bus mistakenly turned into the exit lane.

Although a case of clear liability, Georgia law provides immunity to the State for civil actions except under those instances covered by the Georgia Tort Claims Act. The Georgia Tort Claims Act waives the state's sovereign immunity for certain torts committed by its officers and employees acting within the scope of their employment. By waiving sovereign immunity for certain acts, the Tort Claims Act makes the state liable in the same manner as a private individual or entity. This liability comes with a restriction, however.

Liability under the Georgia Tort Claims Act is limited to $1,000,000 per person and $3,000,000 per occurrence. In a case such as this accident, the maximum amount of recovery for all 35 killed and injured people is $3,000,000.

To read more about this settlement you can go to the Atlanta Journal Constitution Website at Bus Crash Victims in Georgia Will Have a Limited Right to Recovery for Damages Suffered in Bus Crash.

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

An audit of Georgia’s mental health care services for children by the Georgia Department of Audits and Accounts found several deficiencies in the state’s system for tracking services to uninsured children and Medicaid eligible children. The audit examined the Georgia Department of Human Resources which is responsible for the state’s public mental health system. The report found that the Department of Human Resources lacks a systematic process for determining the most critical needs of children for mental health services. The report also indicated that the Department of Human Resources reported a decrease in children showing improved functioning through mental health care between 2006 and 2008. To read more about this audit see Audit Cites Flaws in Georgia's Mental Health System for Children.

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

For children in Georgia injured by prescription and over the counter drugs, Georgia’s Governor wants to deny them their right to recovery if the drugs were FDA approved. In an effort to encourage business in Georgia, Governor Sonny Perdue has proposed a grant of civil immunity to pharmaceutical companies from lawsuits seeking recovery for damages caused by drugs that had FDA approval. Apparently believing that the FDA is infallible and only approves safe drugs, the Governor seeks to make Georgia a more attractive state for businesses, including the biotechnology companies. This proposed legislation, however, fails to recognize the many instances when the FDA grants approval but later pulls a drug once various harmful effects are discovered in mass use by the public.
Georgia citizens can express their concerns to their state legislators by writing, FAXing or emailing. State legislators and their contact information can be located at a website called www.votesmart.org

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

Lawsuits and insurance claims filed on behalf of children bitten by a dog are controlled by Georgia Code Section 51-2-7. This statute recognizes that the dog’s owner may be held liable for injuries caused by their dog where the owner has carelessly managed the dog or has allowed the dog to go at liberty. In order to recover, however, there must be evidence of the dog’s “vicious propensity” to cause injury. The dog’s vicious propensity to cause injury can be established by showing that the dog was required to be at heel or on a leash by a city or county ordinance and that at the time of the injury, the dog was not at heel or was not on a leash.

If there is not a violation of a leash law, however, the injured child must prove that the dog’s owner had knowledge of the dog’s vicious propensity. The Georgia Courts have generally described this as the “first bite rule,” but the rule does not literally require that the owner be aware that the dog bit someone before. Instead, the first bite rule requires that the dog owner have superior knowledge of his dog’s temperament. While the Georgia owner does not have to have knowledge of a previous bite by the dog, the owner must be aware of the dog’s propensity to cause the particular type of injury that was later suffered by the bitten child according to Georgia's Dog Bite Statute. Merely showing that the dog had a tendency to growl at people or children is insufficient. Showing that the dog had jumped on and attacked people with its mouth on prior occasions, however, is sufficient to place an owner on notice that a similar attack could occur. Georgia Courts continue to recognize this evidentiary burden as seen most recently in Custer v. Coward, 667 S.E.2d 135 (Ga. App. 2008).

Children, as well as adults, often suffer permanent personal injuries and scarring from dog bite incidents. Due to the evidentiary requirements set forth by Georgia law, it is helpful to consult with a Georgia personal injury lawyer / attorney to determine the rights of the dog bite victim.

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

In Georgia, a parent can be held liable for the negligence of a child driving an automobile that is maintained by the parent for the use and convenience of his family. If the parent, as the owner of the car, has given permission to his child to drive the car and has relinquished control of the car to the child then the parent can be held liable for injuries caused by the child as long as the child was in the car when the accident occurred and the car was being used for a “family purpose.”

The Georgia General Assembly passed a law designed to increase driving safety by teenaged drivers. All parents of Georgia teenage drivers need to be aware of “Joshua’s law,” which took effect on January 1, 2007. Joshua's law came about after a tragic accident that resulted in the personal injuries and wrongful death of Joshua Brown. Joshua’s parents, Alan and LuGina Brown, realized that the accident could have possibly been avoided if the boy had had proper training and known what to do in such a situation. Under Joshua’s law in the State of Georgia, all sixteen year olds applying for a driver’s license must complete an approved driver education course and complete a total of 40 hours of supervised driving with a parent or guardian’s sworn verification that these driving requirements have been met. If a sixteen year old has not completed the approved driver education course, then he must wait until the age of seventeen to obtain a driver’s license. Even then, the seventeen year old driver must complete the 40 hours of supervised driving. Six of these 40 hours must be supervised night driving. For more information about these driving requirements, you can go to the Official Georgia Website at Educational Requirements for Teenage Drivers in Georgia.

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

Georgia Governor Sonny Perdue has proposed legislation that will require the losing plaintiff / injury victim in a lawsuit to pay attorney fees to the defendant if the plaintiff’s lawsuit is dismissed as lacking “substantial merit.” Under this proposed legislation, if the defendant files a motion to dismiss the plaintiff’s claims on the grounds that the complaint fails to state a claim and lacks substantial merit, discovery will be stayed until after the judge rules on the motion. The practical effect of this provision will be to protect defendants who may very well be liable because the injured plaintiff will be unable to pursue discovery to prove the legitimacy of their claims.

This proposed law could stand into the way of civil justice for many child injury victims. Without discovery and the production of witness statements / depositions and documentation, many claims and viable causes of action will not be able to be pursued by injury victims and their lawyers.

While Georgia’s Governor has stated that the purpose of his tort reform proposal is to encourage business in Georgia, the proposal does nothing to protect Georgia citizens from injury by these same businesses that choose to operate in Georgia. This bill serves as a deterrent to filing suit by individuals, including children, who have been injured through no fault of their own by the negligence of others. To offer comments on this bill to state representatives, Georgia citizens can locate their representatives at Contact Your Georgia Lawmaker.

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

Montravious Jones was recently killed by a train in Bainbridge, Georgia. The incident took place near Hutto-McIver Apartments. News reports state that the conductor blew his horn but Montravious did not respond because Montravious was deaf. Montravious was airlifted to a hospital in Tallahassee, Florida but medical care was unable to save the boy's life. This incident involving a freight train will be investigated by the Federal Railroad Administration. The FRA is responsible for the enforcement of safety rail regulations and the development of policies to improve national rail safety.

The FRA will conduct an investigation to determine various issues / facts including but not limited to:
What was the speed of the train?
What was the destination of the train?
What was the visibility at the time of the incident?
What safety precautions were taken by the conductor?
Could the train have slowed or stopped to prevent the incident?
What was the maintenance history for the freight train?
Was the freight train properly loaded and maintained for its route?

News reports of deaths involving trains often leave out important details and facts. The family also can conduct its own independent investigation into the incident through the services of an investigation, accident reconstruction expert, and a Georgia personal injury lawyer.

The death of Montravious Jones is quite tragic. To die at such a young age (17) is such a loss for the family and the community.

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

Parents and caregivers of children who receive compensation or monetary settlements for personal injury cases should pay attention to the issue of qualification for benefits. Typically, a special needs child receives federal and state benefits based on disability as well as income requirements. If a child receives the proceeds from a personal injury settlement, these funds in a standard bank account could disqualify the child from some of the government benefits in place prior to the injury. Government benefits of this nature include Medicaid and Social Security Income benefits.

Is there a solution? Yes, creating a “Special Needs Trust” will preserve your child’s eligibility for government benefits and offer flexibility that structured settlements cannot offer. A “Special Needs Trust” will not disqualify your child from receiving need-based government benefits such as Medicaid. This type of trust is recognized by federal law and in order to qualify under federal law, must comply with certain strict requirements. If your child has received some kind of personal injury settlement and relies on Medicaid or Social Security Disability for benefits, it may be advisable to set up a Special Needs Trust in order to keep these benefits intact.

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

Cobb County, Georgia police arrested a stepmother who provided alcohol to four teenagers at her home. One of the teenagers was killed later that night in an automobile accident when the car he was driving crossed the center line and collided with another car. Garrett Reed, a junior at Harrison High School, was killed in the accident in which Cobb County police believe alcohol and speed were contributing causes.

While the stepmother has been criminally charged with reckless conduct and furnishing alcohol to a minor, she cannot be held civilly liable under Georgia’s Dram Shop law for the minor’s death. See an earlier blog article posted on January 27, 2009 for more information about Georgia’s Dram Shop law. To read more about this Stepmother's arrest, read the article at the Atlanta Journal Constitution - Stepmother Arrested For Providing Alcohol to Teenagers.

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

Do You Know Who Your Children Are Chatting With (Online)? is an article posted on the Charlton County (Georgia) Herald Website. The article notes the increasing popularity of My Space, Facebook and other Websites and the dangers that the Internet poses to children. Folkston Georgia Police Chief Wesley Green has good advice for parents. Green thinks that parents should pay more attention to what their children / teens are doing on line. Chief Green advised parents to review the information that children post on the social networking Websites and elsewhere on the Internet. When a child puts his or her personal information on the Internet including their age, school, vehicles, likes and dislikes, and other personal information, it can put them at risks for sexual predators and offenders who prey on children.

Parents can lock their door and put security alarms in their homes. What about the Internet that the children access every day? Where the "locked doors" and "security alarms" now?

Read the Charlton County (Georgia) Herald article and pay attention to the sage advice of Chief Green. In addition, read other articles about the Internet and children. Take the time to understand the Internet and current trends. Also, take the initiative and time to monitor your child's computer use and activities.

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

In an Eleventh Circuit United States Court of Appeals decision on January 23, 2009, the Court found that three Rockdale County (Georgia) High School football coaches were entitled to qualified immunity from a lawsuit alleging due process violations. The parents of Tyler Davis filed a lawsuit on behalf of their deceased son who died the morning after a voluntary workout session for the Rockdale County High School football team. The parents alleged that Tyler’s substantive due process rights were violated when the coaches failed to provide enough water to keep Tyler hydrated, ignored signs and Tyler’s complaints of becoming dehydrated, subjected Tyler to rigorous conditioning drills at the end of a two hour practice session, and failed to attend to Tyler until after a team meeting even though he had collapsed in the middle of the drills. The parents alleged that even though the workout was voluntary, Tyler was subject to further discipline from the coaches if he failed to perform all of the exercises and activities in the workout.
The Court found that the coaches, who are deemed to be government officials, could only be held liable for due process violations if their conduct could be characterized as arbitrary or conscience-shocking in a constitutional sense. In order to be conscience-shocking, the conduct must have been intended to injure in some way unjustifiable by any government interest.
In this Georgia case, the Court held that Tyler voluntarily participated in an extracurricular activity so that no custodial relationship existed between Tyler and the school. Further, the parents did not allege that the coaches engaged in corporal punishment or physically touched Tyler. While the facts alleged that the coaches were deliberately indifferent to the safety risks posed by their conduct, this deliberate indifference, without more, did not rise to the conscience-shocking level required for a constitutional violation according to the Court ruling Therefore, Tyler’s parents’ claims were limited to a recovery under tort law for wrongful death. Davis v. Carter, No. 08-10162 (11th Cir. 2009).

By Stephanie Brown and David Wolf, Attorney Published by Child Injury Lawyer Network Although it has been in effect since July 1, 2004, many parents are still unaware or unsure of what the requirements are of Georgia’s child passenger safety law, O.C.G.A. §40-8-76.1. The law applies to adults and children. With regard to children, however, the law imposes more stringent requirements. Georgia children between the ages of 6 and 17 years old must be seat belted in all positions in the car, front seat or back seat. Georgia children under the age of 6 must be in a car seat or booster seat that is appropriate for their height and weight and used according to the manufacturer’s instructions. Moreover, children under the age of 6 must sit in the back seat of a motor vehicle. If a child under the age of 6 is over 4’9” in height, he or she may be seat belted in the back seat of the car without a booster seat. The purpose of these laws is to mandate the use of safety belts, car seats, and boosters for children. This will, in many accidents, help reduce personal injuries or help reduce the severity of personal injuries to children in the future. The Georgia Governor’s Office of Highway Safety offers child seat inspections at a number of locations. For more information on child seat inspection location, go to Georgia Governor's Office of Highway Safety Child Seat Inspections. For more information on the seat belt and child seat laws go to Official Website for the Georgia Highway Safety.

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Centers for Disease Control and Prevention (Washington D.C.) reports that half of the victims of salmonella poisoning from peanut butter have been children. So far, there have been approximately 500 reported incidents of salmonella poisoning linked to peanut butter across the United States.

The salmonella outbreak has been linked to peanut butter and other products from a plant located in Georgia which operated by the Peanut Corporation of America.

You can read more about this story at CDC - Half of Salmonella Cases Are Children.

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

In a bill introduced in the Georgia State Senate on January 15, 2009, the failure to wear a seatbelt would be considered as evidence against a plaintiff in a lawsuit arising out of an automobile accident. Under this bill, the failure of a plaintiff to wear a seatbelt in violation of Georgia’s seat belt law could be considered as evidence of the plaintiff’s own negligence or contributory negligence. Such a bill will give the at fault driver a chance to point the finger back at the plaintiff, saying to the plaintiff “Yes, I might be at fault but so were you in not wearing a seat belt.” In Georgia, the injured victim could be an innocent child passenger who failed to fasten his or her seatbelt and suffered injuries in a car accident through no fault of his or her own.

To offer comments on this bill to state representatives, Georgia citizens can locate their representatives at the Vote Smart web site.

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

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

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

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

Parents and homeowners in Georgia need to be cautious about serving alcohol at parties where minors may be in attendance. Under Georgia’s “Dram Shop” law, parents can be held liable for injuries caused by an underaged drinker who later causes an automobile accident. If the parent served the alcohol to the minor who the parent knew would soon be driving a car and the minor’s driving while intoxicated caused injury to a third person, the parent can be held liable for those injuries. If the drunk minor sustains injuries, however, the parent who provided the alcohol cannot be held liable for those injuries. Furthermore, if the drunk minor is killed in the car accident, his parents cannot recover for the wrongful death of their child against the adult who provided the alcohol. Howell v. Marks, 269 Ga. App. 147 (2004).

The laws and circumstances can be quite confusing depending on the facts of each case. As such, it makes sense to consult with a Child Injury Lawyer whenever a child is injured and alcohol has any involvement whatsoever with the injuries or death.

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

Police in Brunswick (Glynn County) Georgia charged Bryon Patrick Nail, age 28, with murder for the death of his girlfriend's 2 child old child. The child suffered head injuries while under the care of Mr. Nail. The toddler was later pronounced dead at Memorial Health University Medical Center in Savannah, Georgia. Investigation into this untimely and suspicious death of the 2 year old will continue including further review of autopsy and toxicology studies.

Head injuries involving infants and toddlers should be thoroughly investigated. In some cases, the distinctions between intentional and abusive injuries from accidental injuries / medical conditions are quite clear.

You can read more about this story at Georgia Man Arrested in Death of 2 Year Old In Brunswick, Georgia.

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

Christopher Michael Nicklis, a former teacher from Harrison High School, has admitted that he gave a 15 year old student a mobile phone. After giving the girl the phone, he began sending the teenager sexually explicit messages and naked photos of himself to the student. The story unfolded when the student's mother found the mobile phone and then reported the gift of the phone to school officials. Nicklis later resigned and stated, "I am an idiot." Mr. Nicklis showed poor judgment and was preying on a 15 year old girl with most inappropriate and illegal acts. You can read more about this story at Cobb County Georgia Teacher Admits to Sending Naked Photos to Student.

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

Adrian Zakaluzny, age 63, was a mentor at Butts County Elementary School. A fourth grade boy from the school informed the police that Mr. Zakaluzny took the boy to Zakaluzny's home and molested the boy. Apparently, Mr. Zakaluzy volunteered at other area school and an investigation is under way to determine if there are other alleged victims of Mr. Zakaluzny. Authorities have advised parents to question their children who may have had contact with Zakaluzny in Clayton, Spalding, Butts, and Monroe county Georgia. Mr. Zakaluzny previously passed a criminal background check by one or more of the school systems. If Mr. Zakaluzny did in fact commit this crime as well as others, it appears that he volunteered to be a mentor to be closer to child victims and to gain their trust. There are many questions that arise in this matter since Mr. Zakaluzny worked in several school districts over many years:

Was a criminal check done every year for Mr. Zakaluzny?

As a foster parent, were there any complaints or investigations as to child abuse or neglect in the Zakaluzny home?

Were there any suspicious signs or incidents over the years that may have indicated that Mr. Zakaluzny was a child predator?

What kind of training or instruction was completed for mentors in the school system?

Have there been a problem with mentors in the past?

Did Mr. Zakaluzny have any children in the schools where he volunteered?

If parents have additional information regarding Adrian Zakaluzny or other mentors in the school system in Georgia, the parents should contact the police about their concerns.

You can read more about this story at the Atlanta Constitution Website at School Mentor in Georgia Accused of Molesting 4th Grade Student.

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

A peanut butter plant located in South Georiga has been linked by the U.S. Food and Drug Administration to an outbreak of salmonella that has caused illness in 486 people and the possible deaths of six others. The peanut butter was manufactured in a plan owned by the Peanut Corporation of America. The peanut butter was sold to institutions such as schools and hospitals as well as food companies that use the product as an ingredient in other products. Georgia schools and hospitals have been removing peanut butter from their menus. A complete list of recalled products can be found at the Food and Drug Administration Web Site. You can read more about the Georgia peanut butter plant at the Georgia Peanut Butter Plant Linked to Salmonella.

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

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

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

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

As part of several programs having the goal of making Georgia roads safer for children, the State of Georgia will be providing child safety seats to families in needs. In 2006, 54 children under the age of 14 died and over 11,000 were injured in motor vehicle crashes in Georgia. Thirty-three percent of fatal child occupants were not buckled up. In an effort to promote child safety on Georgia roads, the Governor’s Office of Highway Safety is providing funds to counties who provide education programs to families on motor vehicle safety. In addition, income eligible families can receive a child safety seat. For more information on this program visit the State of Georgia Website at Governor’s Office of Highway Safety or Georgia Department of Human Resources at the Atlanta Journal-Constitution at State of Georgia to Provide Child Safety Seats for Families in Need.

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

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

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

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

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

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

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

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

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

In Athens, Georgia, a University of Georgia college student took partying just little bit too far. She went to a party, got drunk and then did something stupid - like getting behind the wheel of a car. She drove to a stop sign and stopped. She was following the traffic sign but when she stopped - she passed out. Undoubtedly, this college student put her life and the lives of other college students, adults, and children at risk by driving her car in such a condition. There is a high risk of injury and death to driver, passengers, and others when drunk drivers are on the road. Being in college and having a good time is no excuse at all for such conduct. You can read about this story at Drunk University of Georgia Co-Ed Passes Out at Stop Sign.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In an effort to deter sex offenders from further crimes and to monitor their computer activities, the State of Georgia passed a law that requires sex offenders to disclose their passwords for internet, e mails, and screen names to authorities. It is estimated that there are 16,000 registered sex offenders in the State of Georgia. Legislators, who approved the law, have taken the position that the law is for the protection of children. Opponents to the law state that it is a violation of the privacy rights of the sex offenders. We expect that the law will be challenged on privacy issues and will go before the Georgia appellate courts for review at some point in time in the future.

Laws that limits and monitor sex offenders may add some limited safeguard and protection for children. Of course, parental supervision of computer activities of their child is also vital for the child's protection. You can read more about the Georgia leglislation at
Georgia Sex Offenders Must Disclose Internet Passwords.

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

In the Georgia and other states around the nation, there are negligence, liability, or fault laws in place. Some States have more favorable laws and rulings in place that others for children and families seeking compensation for personal injuries / wrongful death than others. A Georgia Court of Appeals decision in June 2008 ruled that the family of a child who drowned and died could not recover compensation from the apartment complex / property owner. The Georgia Court ruled in favor of the apartment complex owner since the Court determined that the child knew or should have known of the danger of the swimming pool when the child entered the apartment complex pool. The Georgia Court put the responsibility of the incident the child rather than the apartment complex. The ruling was made in the case - Rice v. Oaks Investors, II, Georgia Court of Appeals, A08A0434 (June, 26, 2008).

The apartment complex in this case had a duty to provide a safe environment for residents, children, and their guests. When the apartment complex owners decided to offer pool amenities to guests, it had a duty (in our opinion) to maintain a safe environment for children which included putting up reasonable barriers, gates, and locks. Each case should be evaluated on its own merits. It would seem reasonable that the actions of a 6 year old should be judged differently than those of a 17 year old. Due to the flexibility and ambiguity of many laws in Georgia and other States, it makes sense to get an evaluation / consultation from a Georgia child personal injury lawyer / attorney. The facts in a particular case may very well be different than those in the Rice case. Regardless of the civil liability or monetary liability in a particular case, an apartment complex, business, and home should take reasonable precautions to keep children away and out of pools which would include barriers, gates, locks, alarms, signs, and other measures to protect children from serious bodily injury and wrongful death. Children often times lack good judgment and appreciation for dangers. That is why it is so important to keep safety as the primary focus when offering any kind of play / recreational amenity like swimming pools and playgrounds for children.

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

Churches in Alpharetta, Georgia and other towns should be places of refuge, safety, fun, and prayer for children. Unfortunately, many churches in small and big towns alike are the sites of abuse, neglect, molestation, and sexual abuse of children who are in the very churches to be cared for. Alpharetta is a community in the Atlanta, Georgia area. Reverend Derek Gillett, pastor of Cornerstone Community Chapel in Forsyth County and a youth group leader, was arrested Friday on criminal charges of aggravated child molestation and sodomy. Other clergy members were quite surprised by the arrest. Reveren Gillett was arrested and held without bond. You can read more about this story at Pastor Accused of Molesting Two Georgia Teens.

Of course, Reverend Gillett, under Georgia law and the laws of other state, is officially innocent until proven guilty; however, he will have quite a challenging defense to put forth in light of the fact that the charges involve 2 girls and multiple innocents of sexual assault and abuse.

One of the victims confided to an adult who took the initiative of reporting this matter to the police.

Sexual assault and molestation incidents by the clegry and church officials often times go unreported and unprosecuted. It takes a brave victim, family member, fellow church member, church official, or friend to take that step to take action and report the abuse to the police and / or an attorney for consultation and advise. Child personal injury attorneys in Georgia and the rest of the United States have put in countless hours of work and investigation to make sure that facts and evidence are uncovered to unmask the abuse and to make those responsible pay both criminally and financially for the harm done to the children.