Articles Posted in Slip & Fall Injuries

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20blocks%20plprj.jpgNew York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety of the New York Codes, Rules and Regulations (NYCRR), child care centers must have railings from the floor or ground to prevent children from falling off of porches, stairs, and decks. In addition, child care centers must provide and maintain barriers to keep children out of and away from unsafe and dangerous area. In particular, a child care center must have barriers in place in areas where there is a swimming pool, drainage ditch, well, hole, wood / coal burning stove, fireplace, and gas heater.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

playground%20swings%20with%20buckets%20toddlers%20baby%20day%20time.jpgInvestigators which included pediatric experts conducted an extensive study into the cause of injuries in Atlanta day care centers. While the study was conducted in 1988, its findings are still pertinent today in that the hazardous or dangerous areas in day care centers identified still persist today. These hazardous or dangerous areas that caused injuries to children in Atlanta Georgia day care centers including the following:

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By Will Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

playground%20tire%20swing%20black%20with%20chains.jpgIn 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.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

documents%20business%20binders%20black%20lined%20up.jpgIn Georgia and Other States, day care centers have a duty to report incidents of serious injury and death to the responsible child welfare agency. In Georgia, day care centers have a duty to report these incidents to the Department of Human Resources – Child Care Licensing Office within 24 hours. In particular, day care centers must report the following:

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

education%20school%20day%20care%20building%20blocks%20plprj.jpg

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.

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shopping%20center%20escalator%20black%20with%20clear%20sides.jpgBy Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

Each week in Atlanta, Georgia, people are injured on escalators—often those people are children. While recent reports have blamed the popular soft-sided flexible clogs worn by children, escalator injuries are an ongoing problem that did not begin with the advent of the suspiciously ugly shoes. While the escalator industry has voluntarily created new standards for reducing the size of the gap between escalator steps and the escalator wall, these new standards do not have any impact on escalators built before 2000.

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

household%20cleaning%20product%20spray%20clear%20liquid.jpgIn Alabama, child day care centers have a duty to provide children with a safe physical environment as to prevent personal injuries and wrongful death of children in the day care setting. Pursuant to Minimum Standards for Day Care Centers Regulations and Procedures, State of Alabama, Department of Human Resources, facilities have duties and responsibilities as follows:

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playground%20swings%20with%20buckets%20toddlers%20baby%20day%20time.jpgBy Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

While Georgia’s Recreational Purpose Act is designed to encourage landowners to open up their property to the public for recreational purposes, the law has the effect of shielding landowners from liability for injuries caused by dangerous conditions on their land to children and other victims. This law permits landowners, including state and local governments, to maintain facilities with little regard for the safety of children using facilities such as parks and playgrounds. In a recent Georgia Court of Appeals case, a child was injured on a swing in a park owned by a Georgia city. The swing was installed on a hard surface rather than over a soft, resilient surface as recommended by the manufacture. Further, the city replaced certain parts on the swing with parts that were not recommended by the manufacturer and did not operate properly. Articles in local newspapers discussed dangerous conditions in the city’s parks, including the park where the child was injured. A lawsuit was brought against the city for the child’s injuries.

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