Child Injury Lawyer Blog

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, a tragic incident was reported involving a 4 year old child. While at a James Madison University (JMU) basketball game, a 4 year old child sustained a head injury after falling approximately 10 feet at the Convocation Center. The incident took place in the bleacher section of the center. Harrisonburg Fire Rescue as well as officials from the university responded to the scene to render aid and transportation to the child following the personal injury. For more information regarding this incident, see Child Sustained Head Injury While at JMU Basketball Game.

Unfortunately, at times, children are injured at arenas, convention center, stadiums, and other sporting events. Some of these injuries are preventable with better safety precautions and supervision while other incidents are no foreseeable and could not have been easily prevented. Either way, it is a tragic day when a child suffers a personal injury especially a serious one that can have life long effects on the child.

When a child suffers a head injury, it is important for parents, day care providers, teachers, coaches, and / or other responsible adults to assess the situation and get the child examined, evaluated, and treated as necessary for the head injury. Every year, many child suffer traumatic brain injuries (TBIs) due to automobile accidents, slip and falls, sports participation, and other causes.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medical Treatment, Damages / Compensation, Sports Related Injuries, and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers and child care centers have a duty to provide children with a safe and clean outdoor and playground environment. Pursuant to Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing - Hazards - Section 20.4.C, the Child Care Center has a duty to ensure that the play area for the children are well drained and free of debris. Furthermore, the child care center shall provide an outdoor environment that is clear of hazards including pits and abandoned wells, tree roots, appliances, and all other potential hazards including heat pumps, air conditioning units and external wiring, meters and telephone boxes. These areas shall be kept inaccessible to the child. The children enrolled in a day care center shall also be protected or kept away from moving vehicles when playing outside at the child care center. In addition, the soil of the playground area shall be free from any level of toxic chemicals and substances.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers / child care centers are regulated by the West Virginia Department of Health and Human Resources. The definition under West Virginia law as to what constitutes a child care center is quite broad and includes the following:

A facility maintained by the state or any county or municipality thereof,
or any agency or facility operated by an individual, firm, corporation, association or organization, public or private, for the care of thirteen (13) or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.

The following are exceptions to the above definition:

*A kindergarten through grade twelve education program, that is operated by a public
school or that is exempt from the compulsory school attendance law by the state department of education;

*A West Virginia Pre-K classroom operated by a county Board of Education in a public
school setting;

*Any other kindergarten, preschool or school program that operates with sessions not
exceeding four (4) hours per day for any child;

*An individual or facility that offers occasional care of children for brief periods while
parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs;

*Hospitals or other medical facilities that are primarily used for temporary care of
children for treatment, convalescence, or testing; and

*Persons providing care solely for children related to them.

See Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, parents rely on day care center / child care centers to watch over or supervise their children while they are at work. It is vital that day care centers follow the applicable West Virginia laws and regulations. In addition, it is just as important that the day care center and its staff use everyday common sense and good judgment when supervising children. Pursuant to Title 78 - Code of State Rules - Department of Health and Human Resources - Division of Human Services - Section §78-1-3.2 Definitions - Adequate Supervision, a day care center has a duty to provide adequate supervision which is defined as "the observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the ]child’s program of activities, individual needs, habits, interests and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care."

West Virginia day care centers / child care centers should follow this regulations as well as the other regulations set forth by West Virginia Law and enforced through the Department of Health and Human Resources. By providing each child with "adequate supervision", many incidents leading to personal injuries or harm to a child can be avoided.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Section 17C-11A-4 of the West Virginia Code, all children under the age of 15 years old are required to wear a bicycle helmet In fact, it is unlawful for any parent of a child under the age of 15 in West Virginia to knowingly allow the child to operate or be a passenger on a bicycle without a proper fitting bicycle helmet. See West Virginia State Code.

Bicycle helmet laws vary from State to State. Furthermore, some counties and cities have their own helmet laws in place as well. Whether or not there is a helmet law in place in a certain State or City, it is always recommended by child safety advocates that children and all others riding a bicycle wear a protective helmet. Many serious head injuries can be prevented or at least lesseneed by wearing a proper bicycle helmet. It should be noted that a child can be injured in his or her driveway as well as any other location. Because of this, it is always a good idea to wear a helmet for short rides as well as long ones. Forming and enforcing the good habit of a child to wear a bicycle helmet is vital for the child's ongoing safety.

Some child safety advocates promote bicycle safety awareness by giving out helmets to children in the community. Stephen New is an attorney based in Beckley, West Virginia. His community service work focuses on child safety and, in particular, bicycle safety - bicycle helmets. See the website for Mr. New at West Virginia Community Service Project - Bicycle Helmets for Children.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers and child care centers are regulated by the West Virginia Department of Health and Human Resources. Title 78 of the West Virginia Code of State Rules governs the licensure and regulation of day care centers. The applicable provisions depend on the number of child in the facility and the type of services provided by the day care center. See Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing.

It is important that West Virginia Child Care Centers follow these rules and regulations and otherwise ask with due diligence to make sure that the children are supervised in a safe and clean environment. Parents, who are researching day care centers, should ask questions about prior inspections, violations, and surveys. Parents, who already have a child enrolled in a day care center, should frequently visit and keep updated on inspections, violations and surveys.

Unfortunately, some children suffer personal injuries while under the care and supervision of a West Virginia Child Care Center / Day Care Center. When a child is injured, there are often times many questions and issued faced by a concerned parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Medical Bills / Medical Treatment, Damages / Compensation, School Injuries, and other topics. A parent or concerned person can obtain a free copy of this book at Free Child Injury Book.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the National Safety Council, thousands of children are injured and hundreds are killed annually due to farming-related hazards. West Virginia farmers deal with two different circumstances in which children are injured on the farm. John Miller, a West Virginia University Ohio County Extension Agent said the first issue involved children who grow up and work on the farm, and the second pertained to children who visit the farm. Regardless of the circumstance, all children should be educated about the possible dangers on a farm.

Miller suggested that children who work on a farm be given age-appropriate tasks. In addition, children should always be supervised. He said, “You don’t turn a kid loose with a big tractor and send him up on a hillside- that’s just a recipe for disaster.” Every farmer should also have a safety plan for the kids.

Miller said children who visit a farm should remember that it is a place of business. First, children should know that animals can be dangerous. For example, people would often look at a cow with its baby calf and think it is cute, but “people need to remember that it is being a protective mother,” said Miller. He added, “There is no more dangerous time with a cow than when she has a baby calf- they will attack you.” Second, children should not play or climb on equipment because there are many falling and poking hazards. Lastly, people need to be aware of everybody’s location at any given time because when people stop paying attention, farming can become dangerous.

The National Safety Council Agricultural Division provided the following child safety tips for children on the farm:

- Do not allow children to go unsupervised on the farm
- Check your farm regularly for hazards that could hurt children
- Children who work on the farm should be given age appropriate tasks
- Furnish all storage areas and livestock pens with secured latches
- Always turn off equipment completely and remove all keys
- Never carry children on tractors or equipment

For more information on this topic, see farming season can pose risk to children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia and other States, children are cared for and supervised at treatment facilities for emotional and behavioral problems. The facility and staff have a duty to provide consistent and compassionate care for these children. Unfortunately, some child care workers abuse their position and abuse or neglect children under their care. Having video surveillance in child care facilities including treatment centers, day care centers, and schools can be very helpful in monitoring and evaluating the care provided to children. In some instances, the situation would be difficult to evaluate without such video surveillance because it may just be the child's word against the employee's word. If the child has emotional or behavioral problems - then it may be difficult to prove the abuse / neglect and convince the sheriff's office, district attorney / state attorney, and others to take action.

In Falling Waters, West Virginia, a former child care worker (Keebo Dowe) has been accused of child abuse. The incident took place at the United Methodist Church. It was reported that the incident which involved Dowe choking a 15 year old boy while holding him down across a table and chairs.

While it was reported that the boy only suffered minor injuries to his jaw and cheek, the allegations, if true and if there is not justification for the same, are quite disturbing. Of course, Dowe will be entitled to defend himself from these allegations through the services of West Virginia criminal defense attorney or the public defender's office. You can read more about this stor at Ex-Treatment Center Employee (West Virigina) Charged with Child Abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman of Huntington, West Virginia, was arrested on a charge of child neglect resulting in injury. The arrest came after a 10-month-old child was allegedly struck in the face at a day care center. The woman was identified as Pamela Faye Taylor, 63. The incident occurred sometime in October and involved a child who had a red mark on his face in the shape of a hand and a bruise on his forehead. It is believed that the toddler sustained his injuries at Pam's Kids Daycare in Huntington. Taylor will be entitled to legal representation by a West Virginia criminal defense attorney or public defender. If you would like to read more on this story please see Woman arrested after child allegedly struck in face at day care facility.

Children should not be the victims of violence that resulted or could result in serious personal injuries to the child. There is a fine line between disciplining a child and committing child abuse. Day care providers need to be aware of this hazy area and err on the side of caution.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In 2007, six year old Haven Brooke McCarthy was getting out of her Lincoln County, West Virginia school bus when she was hit and killed by a vehicle illegally passing her school bus. At the time, the driver’s offense was considered a misdemeanor. Since Haven’s death, her family has been working with lawmakers to toughen up the penalties for breaking school bus safety laws.

Thanks to their efforts, the West Virginia legislature has passed a tough new law that is aimed at avoiding or preventing child injuries when kids are on their way to and from school. Under the newly passed law, drivers in either direction who fail to stop when a school bus stops and flashes its warning lights may face felony charges and even prison time for the offense if someone is injured or killed due to their actions. A driver who causes an injury could face up to three years in prison; a driver who kills someone could be put in prison for up to ten years.

The law also increases fines for drivers who violate the school bus safety laws, and introduces the potential for a driver to lose his or her license - even if no one is injured. Drivers will have an extra incentive to use caution even when there is no police car in sight; the new law also allows counties to set up cameras on school buses to catch offenders on film.

Read more about the new school bus safety law in West Virginia at Child killed exiting bus spurs W.Va. lawmakers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia and other States, a man has been charged with a crime involving a 2 year old boy. Michael Scott Linkous, age 20, of Coal City, North Carolina is accused of abusing the 2 year old in causing or allowing scolding hot water to injure the 2 year old. Investigators reported that the injuries were "submersion burns" which are burns caused by parts of the body submerged in scolding hot water. Linkous was the boyfriend of the 2 year old's mother. Parents should be very careful as to what adults are given access and responsibility for their children. You can read more about this story at Raleigh County, North Carolina Man Charged for Child Abuse.

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.