Articles Posted in Arizona

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20water.jpgIn Arizona and other states, children are the unfortunate victims of drownings. Some die from the drownings. Many others suffer brain damage and other injuries that can last a life time. Many people are mistaken to believe that the survival from a drowning means that there are no future problems. For parents like Angie Thomas, it is quite a different story. Her son, Ryan Thomas, was a normal 2 year old boy who loved to play. One day, Ryan got over a wall and into a neighbor’s pool. Ryan suffered a near drowning incident that left him with medical problems and complications that are still being treated to this day. Ryan, who is now 5 years old, is enrolled in special education kindergarten class and receives therapy for the injuries related to the near drowning incident.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Playground%20Monkey%20Bars%20and%20Play%20Injuries%20Personal%20Injuries.jpgArizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-604 – AAC – Outdoor Activity Areas, a child care facility / day care center has a duty to provide a playground or outdoor activity area for children enrolled in the day care program. A day care operator should not place the outdoor play activity in an area that requires children to cross a parking lot or street unless the operator obtains written approval from the Department. In addition, operators have a duty to enclose the outdoor play area / playground with a fence that is a minimum of 4 feet high and secured to the ground. A proper fence will help prevent children from wandering out of the secured play area. The playground area shall be maintained in a manner that protects the health, safety, and welfare of the children. Many personal injuries result from improper or inadequate ground services. As such, Arizona law requires that a child care facility have a shock absorbing rubber material or, in the alternative, 6 inches of of a nonhazardous material like loose sand or wood chips under swing sets and other play equipment. These materials help cushion falls and, thereby, help prevent personal injuries to children playing in the playground area.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

educations%20school%20day%20care%20alphabet%20on%20black%20chalkboard.jpgArizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-40 – Staff-to-Children Ratios AAC, a licensee has a duty to staff the child care facility according to prescribed staff to children ratios to comply with the child care regulations. Facilities that are compliant with staff ratio standards typically have a better record of supervision. Many personal injuries and tragedies take place in day care centers that are understaffed. Facilities that violate staff to children ratios often times violate other standards that help promote and ensure proper supervision of children in the day care setting.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20colored%20chalk%20and%20blackboard.jpgArizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-307, AAC, a licensee or staff member has a duty to report suspected or alleged child abuse or neglect to the State of Arizona Child Protective Services or to local law enforcement. The Department shall be notified within 24 hours of the required reporting. Within three days of reporting, the facility shall send written documentation to the Department and any law enforcement agency previously contacted. The written documentation shall be maintained by the facility for 12 months.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20blocks%20letters%20and%20soldier.jpg

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-308, AAC, Arizona requires that each child care facility / day care center have a minimum of $300,000 in liability insurance coverage. This kind of insurance would cover injuries caused by negligence or lack of proper supervision resulting in personal injuries / wrongful death of a child at the facility. It is vital that facilities have this coverage in effect that that parents of injured children have a financial source of compensation for medical bills, future medical, and pain / suffering type of damages.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

State%20Map%20Arizona.jpg

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. It is important for child care facilities to know, understand and follow these rules and regulations. Children are far less likely to suffer from serious personal injuries if the operators and owners of these licensed child care facilities are in compliance with the Arizona Administrative Code and related regulations. You can review these important code provisions at Arizona Administrative Code – TItle 9 – Chapter 5. Laws do not always make sense and are often times subject to interpretation by an attorney and Judge. You should consult with an Arizona child injury attorney / lawyer if you have questions about a personal injury suffered by your child in an Arizona child care facility / day care center.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpg

The Arizona Department of Health Services – Division of Licensing Services – Office of Child Care Licensing has the responsibility to regulate and monitor day care centers / child care facilities, public school care programs and child care group homes across the State of Arizona. Before selecting a day care center / child care facility for a child, parents and caregivers should do some research and investigation as to the licensing and enforcement history of the facility. In addition, a parent or caregiver should visit or screen the facility before enrolling the child in the day care program. You can look up a day care center / child care facility and get basic information and licensing information for the facility at Child Care Provider – Search Form.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

gavel%20brown.jpg

Many school districts including some in Arizona have a zero drug tolerance policy. While it is important to keep drugs out of schools, enforcement of this policy needs to be done with humanity, common sense, and within the confines of the United States Constitution. The Supreme Court of the United States ruled that school officials at the Safford Middle School (Arizona) violated a student’s rights when she was strip searched for prescription strength Ibuprofen. The Court noted that a child cannot be forced to remove her clothing unless it is deemed that the child’s health is at risk. Savana Redding was 13 years old at the time of the incident. Legal scholars and experts point out that this Court decision still leaves many questions and issues unanswered. Since strip searches may be appropriate in extraordinary circumstances, it appears that the issue of strip searches in schools will continue to be litigated and debated for years to come. You can read more about this important Court decision at Supreme Court Rules that Arizona Middle School Strip Search Was Illegal.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

vehicle%20seat%20belt%20safety%20children%20injury.jpg

Children ages from 5 to 8 would benefit from having a booster seat law in place for every State according to a federal safety board. Only Arizona, South Dakota, and Florida do not require booster seats for children for children from ages 5 through 8 years old. According to a study conducted by the Children’s Hospital of Philadelphia, the use of booster seats lowers the risk of injury by 59 percent as compared to children of this age group who used regular safety / seat belts alone. You can read more about this story and in particular efforts in Arizona to change the current law at Booster Seat Law Recommended in Florida, Arizona, and South Dakota.

Published on:

By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

steering%20wheel%20and%20console%20black.jpgTexting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver’s mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following: