Child Injury Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Working parents and caregivers in North Carolina rely on day care centers to provide their children with a safe environment free from hazards and dangers. Standards are in place that regulation North Carolina child care centers / day care centers under the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 602 - Condition of Indoor Equipment and Furnishings, the facility must keep all items in good repair and in useable condition. Equipment and furnishings must be sturdy, stable and free from hazards or dangers that may injure a child. This would include sharp edges, lead based paints, splinters, loose nails, and other dangers. Broken equipment and furniture really has no place in a day care center. These items should be removed or kept locked away from children to avoid harm to the children. Day care centers should anchor or secure any items that may tip or fall on a child. In Jacksonville, Florida, a child died when a TV set fell on the child. (See ">Jacksonville Florida Dies When TV Set Falls on Child.) While this incident took place in a private home, it is still a good teaching point for day care centers to secure or anchor all heavy items to prevent a tragedy of this nature from taking place. Safety and compliance with regulations are vital to the protection of children in North Carolina day care centers / child care centers.

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

In North Carolina and other States, personal injuries to children result from unsafe child care centers / day care centers and negligent supervision. In North Carolina, child care centers are regulated by North Carolina child care centers / day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 601 - Safe Environment, child care centers have a duty to provide children / students with a safe indoor and outdoor environment. Hazardous items should be kept away from children or in the alternative - adult supervision should be provided when children are around or exposed to potentially hazardous items. Furniture and furnishings should be child size and proper height for children. Outdoor play equipment including playground equipment should be appropriate for the age and development of the child. It is important that day care centers / child care centers follow these regulations and others for the health, safety and welfare of the children.

Parents and caregivers should review the North Carolina Administrative Code and other regulations to become educated on the requirements for day care centers. A North Carolina child injury lawyer / attorney can provide legal advice as to rules, regulations, laws, medical bills, medical treatment, and other matters when a child is injured in a North Carolina day care center / child care center. A diligent day care center that follows the rules and regulations can help prevent unnecessary harm and personal injuries to children.

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

In North Carolina and other States, dodgeball is played at schools, playgrounds, and parks. Opponents of dodge ball believe that it is a game of danger and bullying. The object of the game is to hit or peg another player with a ball. Personal injuries result from dodge ball games. Many injuries result when older players or adults play too rough or hard with smaller and younger children. In Mooreville, North Carolina, Tanner Badial, age 8, was injured in a dodge ball game at Mooreville Elementary School when the gym teacher hit Tanner with a ball. After being hit, the boy cried in pain only to be mocked and ridiculed by the coach. Detectives and investigators will conduct interviews to try to piece together the events and cause of the injuries. You can read more about this incident at 8 Year Old Injured During North Carolina Dodge Ball Game.

Adults including teachers and coaches should use due care when supervising or participating in sports or games with children. Dodgeball has been around for years and to many it is a tradition; nevertheless, the traditions of a game are no excuse for injuring a child.

When a parent or guardian has concerns about a a personal injury resulting from negligence, failure to supervise, bullying or other causes, it is often times helpful to have the advice, counsel and representation from a North Carolina child personal injury attorney.

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

An immigrant from Guatemala may be released in North Carolina within the next year or so due to his immigration status and lack of funds for treatment. When the man was 15 year old, he was convicted of raping his 5 year old cousin who was handicapped. It was truly a heinous crime committed by a teen who needed help. He needed treatment and intervention to try to prevent this from happening again. Since the juvenile justice system incarcerates juveniles in North Carolina until 19, there is a real risk that this criminal juvenile defendant could be released without any appreciable treatment. You can read more about this disturbing story at 18 Year Old Sex Offender May be Released in North Carolina Without Treatment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Studies conducted at Duke (North Carolina) University Eye Center and other facilities show that premature infants are at a higher risk for severe vision loss. It is vital that doctors identify those premature infants who are at risk for complications from ROP. Infants, who are premature with a low birth rate, should be identified by medical professionals. There is a small window of opportunity to identify and treat ROP. Otherwise, the child faces a lifetime of blindness and disability.

Laser treatment or cryotherapy can treat serious cases of ROP. In mild cases, some doctors chose to wait to let the condition resolve on its own. It is critical that the a doctor, experienced with ROP, effectively and efficiently identify risks and timely diagnose ROP in premature infants.

If you have a child who has suffered blindness (partial or whole) from ROP, a full review of the records by a Child Injury Lawyer and medical expert can determine if appropriate and timely medical care was provided. Many incidents of blindness from ROP are completely avoidable. Damages resulting from blindness are quite significant which include but are not limited to: medical expenses past and future, educational expenses, personal aide expenses, household assistance expenses, home modifications, transportation expenses, pain and suffering, loss of enjoyment of life, and the loss of services of the child to the parents.

You can read more about the Study at the Duke University Eye Center and other facilities at Early Treatment Helps Prevent Blindness in ROP Patients.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An English teacher in North Carolina faces child pornography charges. The North Carolina State Bureua of Investigation is looking into the acts of a Durham North Carolina teacher who may have participated in the sharing of over 1800 images over the Internet. Through the efforts of law enforcement agents in an undercover online investigation, the computer activity of an internet address linked to Willem J. Pet, a English teacher at Southern High School in Durham, North Carolina, has been linked to photos of underage children engaging in sexual intercourse with adults. The evidence of hundreds of images will be used as part of any state or federal potential future prosecution of Willem Pet and any other individuals engaged in the ownership or dissemination of the child pornography materials.

You can read more about this story at Durham North Carolina Teacher Faces Child Pornography Charges.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Lee Phillips, a 16 year old, died recently when he was hit by a train in Cramerton, North Carolina. The conductor of the train saw Joshua and blew the warning horn. Unfortunately, Joshua did not hear the warning horn as he was listening to his MP 3 player. It appears that Joshua was listening to his MP 3 player too loudly at the time of the tragedy. Joshua was walking home from South Point High School in Cramerton, North Carolina when the incident took place.

This incident is certainly a tragedy that should be using an important life lesson for parents and children alike. The same thing could have happened in a neighborhood or near a convenience store or grocery store. Children and adults alike need to pay attention to where they are walking especially when there are vehicles, trains, boats, or whatever else around. Part of paying attention is being able to hear and react to any warning signs whether it is a horn, someone shouting, screeching tires, or anything else. Of course, drivers need to pay close attention and slow their vehicles anytime there are children around. Far too many child injuries and wrongful deaths result from careless driving, speeding, and inattention.

The Joshua Lee Phillips incident was reported by the Associated Press at North Carolina High School Student Hit by Train.