Child Injury Lawyer Blog

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

Assistant Principal, Anthony Alvarez, 40, of Arvada High School, located in Arvada, Colorado, faces charges of sexual assault on a child by a person in a position of trust. It was reported that his wife caught Alvarez having an affair with a student and forced him to turn himself in.

Alvarez allegedly met the young girl when she was in 7th grade, and he was a teacher at Everitt Middle School in Wheat Ridge. Alverez said the young girl came onto him.
He claims this was a first time encounter and has never had sex with anyone under the age of 18 before.

When interviewed, the young girl said she and Alverez had been seeing each other for the past six to eight months. The young girl said he was inappropriate numerous times at school—grabbing her chest, butt, and showing off his erection. According to the girl, Alverez gave her a ride home one day, drove into the Landmark movie theatre parking lot, and made her rub his nipples, touch herself, and rub and lick his private area. The young girl claims she was scared, left when it was over, and called her parents.

Alvarez has been an assistant principal at Arvada High School since 2008. He has been with the Jeffco Public Schools District since 2000. The school district has placed him on paid administrative leave pending the outcome of the investigation. The school district sent a letter to all parents explaining Alverez’s charges as required by the Colorado Department of Education.

Mr. Alvarez will be entitled to representation from a Colorado criminal defense attorney or the public defender's office as to these criminal charges. The criminal case will be resolved either by trial, a plea agreement, or a dismissal depending on facts of the case and the strength of the evidence on the case.

Police have seized Alvarez's computer and cell phone as part of the investigation.
At his hearing, bond was set at $5,000. If he makes bond, Alvarez will not be allowed to use the Internet or a computer, will not be allowed to contact the victim, and will not be allowed to contact anyone under the age of 18.

Unfortunately, teacher-student sexual relations occur far too frequently. Parents should keep a close eye on their children by continuously asking questions and being involved in their lives. Hopefully, by simply being aware, a parent’s intuition can reveal a secret relationship. Parents should also try to educate their children on the importance of telling a parent or other authority figure if a teacher or adult is inappropriate.

School members and employees should observe the actions of all teachers very closely. Teachers and faculty members should keep in mind that this is an everyday occurrence, and they should look for any signs alluding to a student-teacher relationship.

For more information, see Wife Discovers Asst. Principal's Affair With Student

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Rule 591-1-1.12 - Equipment and Toys- of the Georgia Rules and Regulations for Child Care Learning Centers, all indoor and outdoor furniture, activity materials and equipment shall be used with the following limitation: a). in a safe and appropriate manner by each employee and child in attendant; and b). in compliance with the manufacturer's instructions, recommendations and intended use.

Equipment. The following apply to the equipment and furniture used by a center shall only be used:
- By the age-appropriate group of children;
- Be free from hazardous conditions (i.e., sharp rough edges or toxic paint, kept clean, placed so as to permit the children's freedom or movement and minimize danger and secured).

Toys. Centers shall provide a variety of age-appropriate toys and play materials shall be available.
- Toys shall be stored on low, open shelves accessible to children in each room or assigned area. (Toys that launch projectiles, i.e., dart guns, slingshots, etc., are not permitted within centers and balloons shall not given be accessible to school-age children.

Toys for children under 3-years-old. The toys shall be
- Age appropriate;
- Non-toxic and lead-free;
- Large enough in size so not to be swallowed and incapable of causing asphyxiation or strangulation;
- Free of sharp pieces, edges or points of small parts which may be taken off by a child and rust.
- Easily cleaned with disinfectant daily.

Tables. Space shall be provided for each while who is able to sit at a table unassisted. The center must provide an appropriately sized chair or bench shall be provided for each child who is not an infant and who is able to use a chair or bench.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Rule 591-1-1.13 - Field Trips - of the Georgia Rules and Regulations for Child Care Learning Centers, parents shall be notified in advance by the center of a child's participation in ANY field trip, which must be signed and dated by a parent of the child. The advanced notice shall include: a). the name and address of the field trip's destination; b). the date of the trip; c). time of departure; and d). estimated arrival time back at the center.

Additional Supervision Requirements:
- Regular staff:child ratios must be maintained on field trips and an additional employee, chaperon or student in training who is least 16-years-old shall be available to assist in the supervision of each group of 25 children (If the field trip requires transportation of the children, the center must comply with the staffing requirements relating to the transportation of children.). A list of children and participating adults must be left at the center, as well as taken on the field trip and kept in the possession of the adult in charge of the field trip.

Centers are also required to keep emergency medical information for the children under the center's care. The emergency medical information of each child shall include allergies, special medical needs and conditions, current prescribed medications that the child is required to take on a daily basis, the name and phone number of the child's doctor, the local medical facility that the center uses in the area where the center is located, and the telephone numbers where the parents of the children can be reached shall be left at the center, as well as taken on the field trip and kept in the possession of the adult in charge of the trip.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Rule 591-1-1.35 - Swimming Pools and Water-Related Activities - of the Georgia Rules and Regulations for Child Care Learning Centers, if a permanent swimming or wading pool is located on the center's premises, the center must meet certain local regulations concerning the design, construction, operation and maintenance must be met. The swimming and wading pools must be inaccessible to children at the center except during supervised activities only.

The following are requirements for the supervision of children in water over two-feet deep.
- Provide continuous supervision during supervised activities. (If you would like to read the specific age requirements please read Rule 591-1-1.35 - Swimming Pools and Water-Related Activities - of the Georgia Rules and Regulations for Child Care Learning Centers). For more inadequate staff:child ratios during any water-relatd activity (i.e., swimming, fishing, boating or wading), at least one (1) additional staff member (in addition to the other requirements) is shall be available to rotate among the age groups as needed. As for wading pools, those shall be cleaned and filled with clean water for each day's usage and emptied when not in use.

Also, no child shall participate in a swimming activity without the parents' written permission.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Rule 591-1-1-.26 - Playgrounds - of the Georgia Rules and Regulations for Child Care Learning Centers, child care centers must meet certain criteria and requirements. First and foremost, the outdoor area must larger the center's licensed capacity for children, specifically the area shall be equal to 100 square feet times 1/3 the center's capacity. Each center is required to provide 100 square feet for each child occupying the outside play area at any one time, groups of children may be rotated if necessary. The play area shall be adjacent to the child care center, or in an area that is accessible by a safe route or other approved method. However, school-age centers shall have shaded areas. The play areas shall also be protected by a fence or other secure barrier, which is 4 feet or higher. Child care centers must keep the play areas clean, so as to be free from litter and hazards ("free from hazards" can mean but is not limited to non-resilient surfaces under the fall-zaon of play equipment, exposed tree roots and exposed sharp edges of concrete or equipment. The equipment shall be age appropriate and provide the children at the center with various opportunities and engage in a variety of experiences. The outdoor equipment must be free from lead-based paint, sharp corners and be checked regularly to maintain safety.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Rule 591-1-1-.29 - Required Reporting - of the Georgia Rules and Regulations for Child Care Learning Centers, the director or other designated person-in-charge in the director's absence, is required to report or cause to be reported the following:

1. Suspected incidents of child abuse, neglect or deprivation to the local County Department of Family and Children Services.
2. Any cases or suspected cases of notifiable communicable diseases to the local County Health Department.

The following incidents must be reported to the Department within 24 hours or the next work day:

1. Any death of a child while in the care of the center;
2. Any serious illness or injury requiring hospitalization or professional medical attention other than first aid of a child under the care of the center;
3. Any situation when a child in care of the center becomes missing. This includes but is not limited to the following situations: a). A child who is left in a vehicle; b). A child who leaves the center's building, playground, or property; or c). a child who left behind on any trip.
4. Any fire
5. Any structural disaster
6. Any emergency situations that required (requires) relocation of the children.

These must also be reported pursuant to Rule 591-1-1-.29 - Required Reporting - of the Georgia Rules and Regulations for Child Care Learning Centers:
1. The name of any employee who acquires a criminal record if the directors knows, or reasonably should knows, of the employee's criminal record.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers, a child care center is required to have a director who is responsible for the supervision, operation and maintenance of the center. The director must be on the center's premises. When he or she is not on the center's premises, a person must be designated to assume responsibility for the operation of the center.

Below is a list of qualifications a person must have in order to become a director of a child care center in the state of Georgia:
- Be at least 21-years-old;
- Possess one of the minimum academic requirements, in addition to qualifying child care experience at time of employment: a). high school diploma or G.E.D. and b). 1 year of qualifying child care experience. (For more elaboration on was constitutes "qualifying child care experience" it would be helpful to read that plan language of Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers).
- Have proof of successful completion of a biennial CPR program and a triennial training program in first aid.
- Not suffer from any physical handicap or mental health disorder that would interfere in the applicant's ability to perform the job duties of providing care and supervision.
- Never been shown by credible evidence, e.g., a court or jury, to have abused neglected or deprived a child or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct.
- Not have a criminal record;
- Not have made any false statements concerning qualification requirements.

Also, pursuant to Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers, every center must have a teacher for each group of children.

Below is a list of minimum qualifications for a person to be a prospective applicant for a teacher/lead caregiver position within the state of Georgia:
- Be at least 18-years-old
- Have high school diploma or G.E.D. (For more elaboration on this requirement it would be helpful to read that plan language of Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers).
- Have evidence showing proof of successful completion of a biennial training program in CPR and a triennial training program in first aid.
- Never been shown by credible evidence, e.g., a court or jury, to have abused neglected or deprived a child or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct.
- Not have a criminal record;
- Not have made any false statements concerning qualification requirements.

Finally, pursuant to Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers, a center has the option to employ caregivers/aides to assist the teacher/lead caregiver in the care of children in any group of children at the center. It is strictly prohibited for a caregiver/aide who is 16-years-old or 17-years-old to be solely responsible for the children.

Below is a list of qualifications for caregivers/aides in the state of Georgia:
- Be at least 16-years-old.
- Have evidence showing proof of successful completion of a biennial training program in CPR and a triennial training program in first aid.
- Never been shown by credible evidence, e.g., a court or jury, to have abused neglected or deprived a child or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct.
- Not have a criminal record;
- Not have made any false statements concerning qualification requirements.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Minnesota Day Care Centers - What Laws Apply to Outdoor (Playground) Play Space? Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0425 as to Physical Environment including Outdoor Play Space. Pursuant to Subparagraph 2. Outdoor Play Space, there must be at least 50 square feet per child in attendance of play space at the day care center or adjacent to the day care center in the form of a park or other play space available for the regular use of the children. On-site supervision is required by the Minnesota child care providers for children who are younger than school age when the play area is not adjacent to the residence. Depending on the traffic, water, and / or other hazards in or near the outdoor play space, an enclosure in the form of a fence or other barrier may be required. For safety reasons, the area must be free of litter, toxic items, water hazards, machinery, and other items that may cause potential harm or risks to the children in the outdoor play space.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the playground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Supervision in Minnesota day care centers is key to the safety and welfare of children. Licensed day care centers are governed by the Minnesota Administration Code Rule 9502.0367 as it relates to Child / Adult Ratios - Age Distribution Restrictions. The regulations set forth the child to staff ratios which are dependent on the number of children and the age of the children. It is vital that day care centers follow these regulations to ensure the appropriate amount of staff to supervise the children. Schedules of staff members should be maintained by the facility and followed to make sure there are no gaps in supervision or times of the day that the children are put at risks with inadequate supervision.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the play ground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0415 as to Activities and Equipment. Pursuant to Subpart 1 and Subpart 3 of this Rule, day care centers must provide for the physical, intellectual, emotional, and social development of the child. These activities must meet the following requirements:

a. be scheduled indoors and outdoors, weather permitting;
b. be appropriate to the developmental stage and age of the child;
c. include active and quiet activity; and
d. contain provider-directed and child-initiated activity.

The day care provider must have appropriate equipment according to activity and age group. The equipment may be new, used, commercial, or even homemade as long it is age appropriate, safe, and in good repair.

Compliance with Minnesota laws and regulations is vital to the safety and well-being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the playground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Minnesota Administrative Rules - Chapter 9502 - Licensing of Day Care Facilities - governs the licensing and the regulation of child care centers / day care centers in the State of Minnesota. It is important that child care / day care facilities follow these rules and regulations for the safety and welfare of the children under their care. When visiting a day care center, it is helpful for parents to have a general understanding of these regulations to determine if the facility / owner / and employees are following the appropriate rules, regulations, and standards.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Chicago, Illinois, the life of a 3 year old boy ended at an amusement park in Chicago, Illinois. The boy was riding a roller coaster called the Python Pit when some how he slipped under the safety bar and fell off the ride near Norridge, Illinois. The Go Bananas Amusement Park was the site of the incident which was investigated by the police department. Interestingly enough, the boy's twin brother did not fall off of the ride. See Boy Dies After Fall from Chicago Roller Coaster.

What are the safety and inspection requirements for amusement parks in Illinois? What agency regulations amusement parks in Illinois? What were the particular safety requirements or safety regulations for this particular ride? These are all excellent and pertinent questions to the tragedy at hand. Amusement Parks are regulated by the State of Illinois - Department of Labor pursuant to Carnival and Amusement Parks Safety Act. Pursuant to this law, amusement and carnival rides like the Python Pit Roller Coaster must submit an application for the ride for inspection and be inspected at least once a year. Documentation is required for the ride and all employees or operators of the ride as to background and training to operate the ride. See more information regarding Illinois Laws and Regulations of Amusement Park Rides at the Official Website for the State of Illinois Department of Labor.

Compliance with the State laws and regulations is vital to the safety of children who ride the roller coaster but compliance with the State laws and regulations will not serve as an absolute shield against liability for accidents and injuries. An investigation can be conducted by local, state and federal agencies as to the actual safety or hazards of the ride beyond the State regulations. In addition, the family can hire a private investigation, engineer, and, yes, an attorney to help coordinate these efforts. The manufacturer and distributor of the Roller Coaster ride may be held liable if it is determined that there was a design defect in the way in which the safety bar and / or seat belts (if any) functioned. Furthermore, it may be determined the the minimal safe height for a rider was miscalculated or not followed.

Children should be able to ride an amusement park ride in this day and age and be safe. The most important aspect of each and every ride should be the safety of a child. Dealing with the loss or injury of a child as a result of the negligence of an amusement park or theme park owner and operator can be very difficult for parents. Parents will need the support of family, friends, the neighborhood, and the community when tragedy strikes. There are many questions to answer and many of which cannot be answered at all. For those questions that can be answered, the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Amusement and Theme Park Injuries, Damages / Compensation, and other topics. While the book is not a substitute for legal representation and does not purport to answer every question on every topic, it is a good start for parents dealing with the challenges of a child injury. You can receive a free copy of this child injury book by clicking here.

The book is also available on Amazon.Com and BarnesandNoble.Com.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

If passed, a new Minnesota bill would require stricter CPR training requirements for the state's child care centers. The bill would require training for all teachers and assistant in child care centers. The current law in Minnesota only requires one person trained in CPR to be present at the center. The bill was introduced by two Minnesota lawmakers after the tragic death of a 4-year-old girls in North Mankato. Hannah Kozitza died in June 2010 after choking on a grape at her day care facility. For more see New Minnesota bill could require stricter CPR requirements for workers in the state's child care centers. By requiring more child care employees to be trained in CPR, more staff members will be available to aid the children in case of an emergency. The more safety at child care centers can be increased, the better our children will be cared for.

Other state Legislatures have increased the safety at child care centers by imposing stricter screening and background check procedures for employees and installing new technology in the centers that allow parents to watch their children while at the facility.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oklahoma and other States, amusement parks and amusement rides are subject to regulation and inspection by a division of State government. In Oklahoma, the Department of Labor is charged with the responsibility of inspecting and regulating amusement parks and amusement rides. The Oklahoma Amusement Ride Safety Laws are found under Chapter 40, Oklahoma Statutes, Section 460. It is important that amusement parks and owners / operators of amusement rides following the regulations set for in the Oklahoma Statutes. You can review these laws at Oklahoma Amusement Ride Safety Laws.

Pursuant to Section 461 - Definitions, an "Amusement Ride is defined as follows:

"Amusement ride" means a device or combination of devices or elements that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment. Amusement ride includes any amusement park device that uses treated water as the means of transportation, including the structure and water quality of the device.

The owner / operator of an Amusement Ride has a duty under Oklahoma Statutes to obtain a Certificate of Inspection from the State of Oklahoma - Department of Labor. In order to obtain such a Certificate, the ride must be inspected by the State of Oklahoma before it is put into use and thereafter at least once a year. In addition, a ride must be inspected each time that the ride is disassembled or reassembled.

A recent tragic accident was reported in Oklahoma involving the death of Jaylen Wolf - age 8 - when a barrel ride overturned that was being towed by an ATV. See Tragic Accident at Oklahoma Fairgrounds - Legal Rights and Responsibilities.

As part of the investigation into this matter, authorities will review the documents related to the Amusement Ride, compliance with State laws, and safety precautions in place or needed for a ride of this nature.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado has a adopted a new law that changed the requirements for children who have to use booster seats. Under the previous law, children between the ages of 4 and 5 were required to be restrained by a booster seat while in a motor vehicle. Now, under the new law, children who are 6 and 7 are also required to be restrained by a booster seat. Also, a child's height and weight are no longer the determining factors of whether or not a child should be restrained in a booster seat - the new law only has an age requirement affecting children under 8-years of age.

Many Colorado parents are unaware of the changes the new laws made. However, not obeying this law is consider a primary traffic offense in Colorado. An officer is legally able to stop you for the sole reason of not having your child in a booster or car seat. The minimum fine is $82 for every offense. However, police will give a warning in the law's first year. To read more on the new law see Colorado changes its booster seat law.

Parents, day care providers, babysitters and other people who transport children need to inform themselves of changes made by the new booster seat law. Hopefully, this law will decrease crash-related or other traffic-related child injuries.