Child Injury Lawyer Blog

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

Children are at risk for health problems and injuries from Secondhand Smoke. Adults have the free choice to smoke and to engage in other unhealthy activities; however, children often times are harmed in the process. A study conducted by the researchers at the Nationwide Children's Hospital & Research Institute at the Ohio State University determined that there was a causal link between Secondhand Smoke and health problems or risks to toddlers and obese children. It was noted that smoking outside does not insulate or protect children from Secondhand Smoke since smoking residue remains on clothing. You can read more about this study at Secondhand Smoke - Dangers to Health of Toddlers and Obese Children.

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

In Ohio and other States, day care workers have the responsibility to supervise children. It is vital that day care workers stay calm and think of the best interests of the children when performing their duties. In Dayton, Ohio, it was reported that a day care worker punched a four year old boy in the chest causing him to fall down. In many instances, it comes down to the word of the day care worker versus the word of the child. A 4 year old boy's testimony is not always reliable or accurate. In this case, another teacher witnessed the incident. As a result of this evidence, misdemeanor assault charges were filed against Sherra Howard, a 25 year old day care worker who apparently lost her composure punched the child and then proceeded to spank him as well. The day care center was operated by the YMCA. The CEO of the YMCA issued a statement about the incident. You can read this statement and more about this story at Ohio Day Care Center - Day Care Worker Punches and Spanks Child.

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

While most students graduate at the age 18 and go on to higher education or into the work force, special needs children usually follow a different path. Stow-Monroe high school officials are hosting their first-ever “Transition Fair” for special needs students and their parents to discover what their options are after high school.

The fair is open to anyone in the area who cares for a child with a disability. Organizations on hand will include job placement and job training organizations.

The transition for a young person from high school to the “real world” can be fraught with uncertainty for any youngster, but is especially difficult for children with disabilities and their families. It is great to see this school taking the initiative to help students with disabilities take the next step.

Find out more about this story at Transition fair helps students with special needs.

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

A medical study estimates that burn injuries to children happen every 60 seconds in the United States. Approximately 300 children suffer burn injuries every day. Nationwide Children's Hospital based in Columbus, Ohio conducted the study which yielded important information that every parent, caregiver, teacher, and day care provider should know. A researcher for the study stated that most of the children (60 %) were under the age of 6 years old. This is not surprising in that children under the age of 6 do not have the safety awareness or judgment of an older child. The study spanned 17 years and studied information regarding more than 2 million burn injuries.

You can read more about this study and the alarming number of burn injuries to children at Burn Injuries to Children - Highest Risks to Children Under the Age of 6.

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

The State of Ohio has joined the majority of States by enacting a child booster seat law. The law will go into effect in October 2009. The Ohio law requires that children between the ages of 4 through 7 with specified height and weight requirements be placed in a booster seat. The law requires all Ohio residents and all those visiting the State of Ohio to comply with this law. Due to the size and body characteristics of children this age, adult seat belts often times are not effective in preventing injuries. Furthermore, in many instances, an adult seat belt without the presence of a child booster seat can cause serious injuries to a child. You can read more about the Ohio law and comments regarding the same at State of Ohio to Require Car Booster Seats for Children.

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

The State of Ohio has filed a lawsuit against one of the largest day care center chains in the State alleging that Angels Learning Center failed to pay many of its child care workers according to the wage guidelines set by the state. The lawsuit was filed by the State Attorney General Office and the Department of Commerce. It was reported that 150 employees were not paid the wages that they were entitled to under the law.

What are the dangers of underpaying child care staff? It is not a good sign that a day care center is cutting corners by failing to pay its staff according to the laws. It makes one question, "What other corners are being cut by the day care center?" If funds are not spent paying the employees even minimum wage, "What funds are being expended for training, safety, and other important facets of the day care center?"

Day care centers / child care centers in Ohio and other states should properly pay its employees. Furthermore, these facilities should show a greater concern for day care workers / child care workers who are so vital in the proper supervision and care of children.

You can read more about this story at Ohio Day Care Workers Are Not Paid Minimum Wage.

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

In Ohio and other States, summer time is a great time to be outdoors and enjoy the warm weather. People of all ages enjoy swimming and playing around and in swimming pools, lakes, rivers, canals, and other water ways. When children are around water, there is always the danger of drowning. This danger applies to infants, toddlers, school aged children, and even adults who are not strong swimmers. In a matter of minutes, a person's life can be forever changed or even ended by death due to drowning in any kind of body of water, pool, or play area - ranging from a kiddie pool to a large water way.

Wendy Pomerantz, M.D. is an emergency room physician based at the Cincinnati Children's Hospital (Ohio) and is very aware of the dangers and injuries related to drowning incidents in Ohio and other parts of the United States. Dr. Pomerantz notes that any child is at risks for drowning related injuries and deaths who is around or near water.

There was a recent story that reported that an infant died as a result of a drowning in a mop bucket at a day care center. As noted by Dr. Pomerantz, a child can drown in a toilet, fountain, bucket, bath tub, and other areas that hold even a small amount of water. Supervision is the key to prevention. Safety precautions to either eliminate, restrict, and / or secure the area containing water are also keys to prevention. You can read more about the dangers of drownings to children and safety tips to prevent drownings at Facts and Safety Tips Around Swimming Pools and Other Areas of Water.

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

Another child is dead after senseless violence in Canton Ohio. Harmoney Sankey only reached the age of 2 years old before becoming a victim of a crime in Canton, Ohio. Men broke into Harmoney's grandfather's home and the men demanded money. They shot the grandfather in the leg and Harmoney in the back. Police later arrested Makie Ragland and William Ferguson who were believed to be involved in the home invasion and shootings. Harmoney later died at Aultman Hospital. You can read about this sad and tragic story at Canton Ohio 2 Year Old Dies in Home Robbery.

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

In high schools throughout the nation, high school athletes are pushed to their physical limits and beyond their limits as well. Both male and female high school athletes often times push through injuries through their own dedication or the push of their coaches to compete. Concussions / head injuries are a serious problems in high school sports / athletics. A study completed at the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio showed that over 40 % of athletes who suffered a head injury / concussion returned to play too soon. The short and long term effects from a concussion are exasperated and prolonged when the student athlete has not been enough time to recover from the damages / injuries caused by the concussion.

The Centers for Disease Control and Prevention estimate that concussions account for approximately 10 % of sport related injuries in young people ranging from the ages of 15 to 24. Statistically, there were over 100,000 concussions in this age range last year.

In high school football, it was reported that 16 % of football players who suffered a concussion returned to play the same day. Medical experts advise against returning to play so soon. Repeated concussions with limited to no recovery time has caused long term serious health problems to NFL football players over the years. Some believe that this has led to early depression and dementia. In some instances, football players and other athletes even die from head injuries that result in brain swelling leading to the shutting down of the brain stem and then respiratory failure. This is referred to second impact syndrome (SIS).

You can read more about the problems with concussions in high school sports including football at Concussions: Serious Health Risks to High School Athletes.

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

An Euclid, Ohio dad has been arrested for several criminal charges including child endangerment, attempted murder and assault on a firefighter. Sammy G. Hunter, Jr. faces these serious criminal charges from incidents that took place at his home. It was reported that Mr. Hunter got high, turned on his oven, and tried to shove his son inside the oven. The baby's mother stopped Mr. Hunter from doing this. Mr. Hunter then tried to start a fire in the home that had a natural gas line. Firefighters responded to the scene. Then, Mr. Hunter assaulted firefighters. Of course, Mr. Hunter was arrested for these allegations. He pled not guilty to the charges.

Mr. Hunter will be entitled to an attorney to represent him on the criminal charges. One of the witnesses was the child's mother. I suspect that there is a history of domestic violence in this household. The local police and child welfare agencies will conduct an investigation into this matter.

You can read more about this story at Euclid Ohio Father Accused of Trying to Put Child Into an Oven.

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

In Ohio and Other States, the proper supervision of children is vital to their health, safety, education, and welfare. In Cincinnnati, Ohio, a mother (Jenna Martin - Age 38) was arrested after her 4 year old toddler was found wandering the streets two miles from home. The little girl was found by police officers at approximately midnight. When the police went to Ms. Martin's home, they found Ms. Martin's 5 year old son home alone.

Ms. Martin may have an excuse for leaving one chid home alone and another roaming the streets. However, if Ms. Martin was merely neglectful and left these two small children home alone while she merely went out, Ms. Martin will face some serious criminal charges like child neglect / child endangerment.

Fortunately, neither child suffered serious personal injuries or wrongful death from the lack of supervision. 4 and 5 year old children lack the necessary life experience and judgment to make good decisions and keep themselves out of danger. As such, close parental supervision is vital to their safety.

You can read more about this story at Ohio Mother Arrested for Lack of Supervision of Her Children / Child Endangerment Criminal Charges.

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

In Ohio and other States, children and students enjoy the amenities and sites of state and national parks every day. Unfortunately, many students and children are injured in these parks. Some even die. In Cambridge, Ohio, a college student (Amy Adams) from Muskingum College recently died. She was hiking at a park in eastern Ohio when she fell from a cliff at Hosak's Cave. She was air lifted to Akron General Hospital where she died. Park officials state that Amy wandered off of a marked trail to get to the top of the cliff.

It is truly sad that a college student with such zest for life and adventure died.

While there is adventure and fun at state and national parks, there are also many dangers. All visitors, adults and children, should pay close attention to warning signs and dangers in these parks.

State and national parks have a duty to keep the parks as safe as possible. Trails and dangerous areas should be clearly marked with appropriate warnings and signage when reasonable and possible.

You can read more about this story at College Student Dies in Ohio Hiking Accident.

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

In Dayton, Ohio, a 4 year old student brought in a candy box. However, this lunch box was filled with marijuana and confiscated by school officials. Instead of chocolate or candy, school officials found marijuana in the candy box. The incident took place at Gorman Elementary School. Police reported that there was quite a lot of marijuana in the candy box. The parents of the child denied possession or knowledge of the drugs. Obviously, it is quite dangerous for children to bring in marijuana and other drugs into the school system. You can read more about this matter at Drugs Found in a Candy Box in Dayton, Ohio.

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

In Ohio child day care centers, children suffer personal injuries every day while participating in outdoor / playground play or indoor play. Many of these child injuries could be prevented with better and more diligent supervision by child care workers and with better and more timely maintenance of playground equipment and toys. In some instances, the playground equipment or toy is inappropriate for the child's age group, size, and maturity. For instance, raised platforms with no protective railings or sides would be inappropriate for infants and toddler who have poor balance and safety awareness. Toys with small removable parts or broken toys would also be inappropriate for this age group.

Pursuant to Chapter 5104 - Child Day Care - Section 5104.011 (B) (2), Ohio child day care centers must provide on site a safe outdoor place space that is enclosed by a fence or otherwise has as barrier in place to protect children from traffic and other hazards like waterways and electrical equipment. The space shall be not less than 60 square feet per child using the space at any one time. There are some exceptions to this law if there is an indoor play area, an accessible park regularly available and used for outdoor play, and close supervision. Whether the outdoor play area / playground is on site or off site, Ohio child day care centers must ensure that the play area, playground equipment, and toys are safe for the children and there is close supervision.

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

In Ohio child day care centers, it is vital that children receive adequate and appropriate supervision by responsible adults and caregivers. Pursuant to Ohio Revised Code Chapter 5104 - Child Day Care - Section 5104.011 (B) (3), the child care care center must have at least two adults available at the facility at all times when 7 or more children are in the center. The child day care center must make sure that no child is left alone or unsupervised at the center. The staff ratios required under the Ohio Revised Code varies from age group to age group. For instance, the staff ratio requirement for infants under 1 year old is 1 staff member for every 5 children or 2 staff members for every 12 children. For school age children from kindergarten to children under 11 years old, the staff ratio requirement is 1 staff member for every 18 children. As you can see and it makes sense, Ohio law requires more staffing for younger children especially infants and toddlers. You can read about the other staffing requirements and other regulations and rules regarding Ohio child day care centers at Chapter 5104 - Child Day Care.

It is important for Ohio child day care centers to follow Chapter 5104 - Child Day Care and related rules, regulations and standards. The purpose of these laws is to make sure that children are properly supervised in a safe and clean environment in Ohio's child day care centers. When child care centers fail to follow these laws or are otherwise inattentive to children, serious child injuries often times result. As such, it is so important for the safety and well being of Ohio children for Ohio child day care centers to follow the law and use common sense. Ohio laws prescribed the minimum standards. As such, just because the laws are being followed does not mean that the needs of the children are being met. Child care center owners need to personally inspect and evaluate their own facilities to make sure that the needs of each child is being met - not only to follow the law which is important but also to protect the child which is most important.

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

Ohio child day care centers are regulated in part by the Ohio Revised Code (O.R.C.) Chapter 5104 - Child Day Care. Like many day care laws throughout the nation, the Ohio child day care law can be confusing. Even the definition of a child day care center is subject to various exceptions and definitions. For instance, there is an exemption from the legal definition of child day care centers in Ohio for a child day care center is operated by a religious institution or a parent of one of the children. Whether the child day care center is regulated by all of the provision of Ohio Revised Code 5104 or not, each child day care center or facility that provides child care in any manner must provide the child with a safe and clean environment while supervising and caring for the children. For private, public, and religious facilities that provide child care, a child should not suffer injuries due to negligent supervision or poor maintenance of the facility. If a child suffers personal injuries as a result thereof, the parents can legal take action in Ohio to recover medical bills and pain and suffering due to the child injuries suffered at the facility. Since the laws can be confusing and facilities, depending on the structure and business set up, are regulated in different ways, it is often times helpful to have the assistance, guidance, counsel and representation of an Ohio child injury lawyer / attorney for these child injury matters.

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

Ohio has a law in place that vaguely provides what acts of corporal punishment, discipline, and restraint constitute abuse and neglect of a child. Due to the language of Ohio Revised Code (O.R.C.) Section 2919.22 - Endangering Children, a number of Ohio appellate cases have been written further defining the law in Ohio.

In Re Miles involved an Ohio mother’s fiancée who, at the mother’s direction, bit a child on his cheek. This bite resulted in heavy bruising and bite marks. The Ohio Court stated that the key issue was whether or not the act created a “substantial risk of serious physical harm to the child.” A “serious injury” being defined as: “any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.” See Ohio Revised Code O.R.C. 2901.01(A)(5)(e). In reviewing the facts, the Ohio Court held that this bite did not create a substantial risk of physical harm to the child.

Two other Ohio cases hold the opposite – that the line between appropriate corporal punishment and abuse had been crossed. The Ohio Court in the case of In re K.B. found that there had been physical abuse when a two year old child had excessive bruises from physical punishment. The Ohio Court here stated there are several factors that need to be considered: “Specific factors to be considered by the trial court include the circumstances giving rise to the harm to the child, the past history of the child, the nature and manner of the discipline administered to the child and the measure of discipline.

State v. Surles is another Ohio case that finds there was physical abuse beyond what is allowed for normal corporal punishment. However, again, the facts in Surles are much more compelling than those in the present case. The parents in Surles took turns beating their children with a belt which they had intentionally moistened in order to create more pain.

In Samples v. Cruz, the Ohio found there was appropriate corporal punishment when a step-mother pulled her step-daughter’s hair several times, grabbed her hand and shook it until the daughter expressed discomfort, and grabbed and slapped her face. In spite of all of this physical action, the court found that it was appropriate corporal punishment.

In Thompson v. Koontz, the case involved a mother who whipped her son with a belt because he did not bathe himself properly. Again, the Court found that it was appropriate corporal punishment. The Court stated, “The ultimate question that is presented to the Court in these cases is a rather difficult question and it becomes a determination of severity, how severe was the use of corporal punishment?

So, in Ohio, the line between appropriate corporal punishment and illegal child abuse remains vague. The test requires a case by case analysis of the circumstances of the punishment and the severity of the physical actions taken. If there is any question whether something rises to the level of abuse, the parent, caregiver, or other person should follow the cautious route and avoid the corporal punishment. This may avoid criminal prosecution and the involvement of Ohio authorities. More importantly, the safety and well being of the child should be the primary goal rather than the desire of a parent or caregiver to teach a child a lesson and to show who is the boss.

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

Ohio children are entitled to live in a safe environment free from child abuse and neglect. This same concept applies to children who are being cared for in schools, day care centers, children care centers, churches, summer camps, and foster homes. Corporal punishment or physical punishment can often times be defined or qualify as abuse and neglect of the child. An important legal issue in Ohio and other States is
what level of corporal punishment is appropriate under the law. The key language under the Ohio Revised Code O.R.C. Section 2919.22 - Endangering Children provides that children should not be subject to corporal punishment or physical discipline or physical restraint for a prolonged period that is excessive under the circumstances and creates a substantial risk of serious physical harm or personal injury to the child. This statute is subject to interpretation by case law and situation. Child safety by parents, care givers, teachers, and others should be a primary concern. If there are doubts or concerns about the level or type of punishment allowed by this Code section under the law, then the administrator of the punishment, discipline, or restraint should refrain from such activities. Ohio law leaves a door open to corporal, physical punishment and restraint for parents, caregivers, and others who will often times go well beyond what kind of conduct is allowed by law.

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

Babysitting can be a dangerous job. Just ask Nathan Beavers who was shot by a 4 year old he was babysitting in Jackson, Ohio. The 4 year old Ohio boy got upset because the babysitter accidentally stepped on the foot of the 4 year old. Apparently, there was a shotgun that was accessible to the 4 year old and he shot the babysitter. While the wounds were described as minor in a news report, it is quite troubling that the 4 year old had access to the shot gun, a weapon that could certainly inflict serious bodily injuries and death upon a victim. You can read about this story at 4 Year Old Shoots Babysitter and Another Teen in Jackson, Ohio.