Child Injury Lawyer Blog

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The New Hampshire Bureau of Child Care Licensing is the state agency responsible for licensing, inspecting, and regulating day care center and child care centers in the State of New Hampshire. According to a recent news story reported in the Eagle Tribune Online, many day care centers are cited with serious violations of state day care centers. Unfortunately, many of these violations cause or eventually lead to the cause of serious child personal injuries to New Hampshire children.

Some of the violations involve the threat or implementation of corporal punishment. Others involve facility standards involving the safety of a child like a playground in disrepair or exposed rusty nails in and around the facility. It is important that the State continue these inspections which should be conducted with regularity but in practice can range from 1 to 3 years between inspections. You can read more about this story at Many New Hampshire Day Care Centers Violating State Standards. You can also view the New Hampshire Bureau of Licensing Website for general information on day care centers throughout the State of New Hampshire.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A New Hampshire organization called the Commission to Prevent Childhood Obesity recently presented fourteen recommendations for preventing childhood obesity to New Hampshire governor, John Lynch. The recommendations are:

1. For New Hampshire to create statewide rules regarding the sale of all food and beverages at public schools that are not covered under the United States Department of Agriculture's school meals program;
2. For laws to be passed requiring all chain restaurants to label menus with nutrition information;
3. To enforce the existing policy requiring daily physical activity for all students;
4. For school personnel to perform an annual comprehensive fitness assessment and provide a report to the child and his or her parents with the results;
5. For the department of education to reinstate the Physical Education and Health Coordinator;
6. For after school programs to provide healthy snacks and provide some form of physical activity;
7. To modify child care licensing requirements to require physical activity for the children;
8. For the Department of Health and Human Services to regulate and monitor the meals and physical activity levels of children in state care;
9. To expand the New Hampshire Farm to School Program, which helps children learn more about healthy eating by encouraging schools to purchase food from local farms;
10. To make communities more friendly for walking and bicycling;
11. To pass a law requiring all health insurance providers to pay for visits from registered dieticians for children with a BMI percentile-for-age equal or greater than 85 percent;
12. To provide continuing medical education for health care providers specific to childhood obesity;
13. To require primary care providers to assess BMI percentile-for-age at the annual checkup for all patients between two and twenty years of age; and
14. To require schools to assess BMI percentile-for-age annually as part of their accreditation requirements.

Even though these recommendations are specific to the State of New Hampshire, parents, educators and healthcare professionals in every state can take a few pointers from this list to help children in their state fight obesity. Find out more about the recommendations at Recommendations to prevent childhood obesity.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, there has been a debate for years as to the parents right to inflict corporal punishment upon their child. Some parents use corporal punishment because that is the way the parent was raised. Other use it because there is a belief that corporal punishment shows authority and to some love. Yes, some believe that corporal punishment is an act of love that parents show to their children that the parents care. There can be a number of reasons that a parent inflict corporal punishment upon a child. Many safety child advocates believe that corporal punishment is just another mode of domestic violence. Children should not be subjected to injury or harm from corporal punishment. To many, corporal punishment is just a lazy, outdated, and barbaric way to discipline a child. A study conducted by Murray A. Straus (University of New Hampshire, Durham, New Hampshire) and Mallie J. Paschall (Prevention Research Center, Berkeley, California) indicates that there may be a link or association between corporal punishment / spanking and a child's IQ.

Corporal punishment is harmful to children and often times results in physical and emotional injuries. According to this study, children may also suffer from a lower IQ when being raised by a parent who frequently resorts to corporal punishment. Whether corporal punishment leads to lower IQ or not, there are far too many repercussions and dangers from corporal punishment for parents to keep on turning to this type of discipline.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The New Hampshire Union Leader website has reported that an eleven year old dirt biker died recently in a crash with a gate on a rail trail. Very few details or facts have been reported regarding this tragedy. It would be important to review the following as part of the investigation:

*What kind of dirt bike was the child riding?
*What was the child's experience with the dirt bike?
*Were there any witnesses to the crash?
*What were the lighting conditions? Weather conditions? Trail conditions?
*What kind of gate was involved? What position was the gate in?
*What was the condition and purpose of the gate?
*Who was responsible for maintaining the gate and the trail?
*Was the child wearing a helmet?

It was reported that a local New Hampshire police department and the State of New Hampshire Fish and Game department are investigating the crash.

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

The 4th of July holiday time period results in heavy traffic and a number of automobile accidents and deaths on roads in Maine, New Hampshire and across the United States. In New Hampshire, a Lewiston, Maine woman (Rachel Metivier) died in a head on collision with another vehicle. Two children and a man from Maine suffered serious injuries as well. The accident took place on Route 2 in Randolph, New Hampshire. The injury victims also included 3 others from another vehicle. Two people from the other vehicle also died. The news reports did not list a cause of the accident but it was reported as a head on collision between two vehicles. Due to the death and the seriousness of these injuries, a full police investigation will be completed to determine the cause of the accident. You can read about this accident at Lewiston, Maine Woman (Rachel Metivier) Dies, Other Injured in New Hampshire Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

BB guns are weapons that can lead to serious personal injuries and wrongful death. BB guns and toy guns are especially dangerous when others believe that BB guns are high powered fire arms. Parents should keep in mind that a weapon is a weapon. This advice applies to BB guns. Parents and caregivers should supervise their children any time that children use a BB gun.

In Salem, New Hampshire, an 11 year old boy bought a BB gun at a flea market. He subsequently brought the BB gun to school and shot some classmates. An investigation is under way to see how the 11 year old was able to purchase the gun from the vendor at the flea market. It appears if the 11 year was the actual purchaser for the BBI gun without his parents - then the vendor may end up facing criminal charges in New Hampshire.

You can read more about this story at 11 Year Old New Hampshire Boy Shoots Other Students with a BB Gun.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Hampshire, two high school students were arrested for bringing a toy gun to school. Another student had noticed the gun on the hallway floor and notified school officials. In the abundance of caution, school authorities contacted law enforcement who then went to the school to investigate. Police found the plastic toy gun with an orange tip in a locker. In response to the situation, the school was put on lockdown. Parents were notified via text message and other means and also went to the school.

While the toy gun that was recovered looked very much like a toy, school officials and law enforcement are better to err on the side of safety than take guesses as to the existence and severity of the dangers.

You can read more about this story at 2 Arrested After Toy Gun Recovered at Pelham High School - New Hampshire.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Sadly, it is difficult to know who is trustworthy and who is not when it comes to bad acts. In California, a former police officer and radio show host was arrested on charges of child pornography and production of child pornography. The facts of this story unraveled like a television movie. Aaron Aldridge, age 42, was a radio personality on WNTK in New London, New Hampshire. A family member became concerned over his disappearance along with the disappearance of his 19 year old daughter. Police were contacted and searched his belongings including a computer. Investigators found pornographic images on the computer. Some of the images / videos appeared to be from Aldridge's home.

The daughter was eventually found in Orlando / Walt Disney World Florida area. Aldridge was eventually tracked through a coordination of several law enforcement agencies and then arrested in San Bernadino County, California.

Of course, Aldridge is entitled to a legal defense but his innocence can be questioned by his efforts to flee the jurisdiction as a fugitive on the run.

You can read more about this story at Radio Host and Former Police Officer from New Hampshire Arrested in California.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Charter Bus carrying Boy Scouts from Massachusetts and other buses and vehicles were in an accident on a snowy New Hampshire highway. Officials from New Hampshire reported that a total of 59 vehicles were involved in this accident. Fire Rescue reported that the most common injuries were fractures to ankles and legs. No deaths or life threatening injuries were reported. You can read about this crash at Charter Bus and Vehicles Crash on Snowy New Hampshire Highway.