Child Injury Lawyer Blog
By Andrew Baker, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Blog
In Ohio and other States, licensed day care centers are regulated and overseen by a state social service agency. In Ohio, it is the Department of Children and Family Services is the social service agency that regulates day care centers. When a facility is cited by the Department or charged by the police with failing to provide appropriate care, sanctions can result in the form of fines, arrest, license probation, and license suspension. A caregiver, individually, can be arrested and fined as well. It should be noted that the administrative proceeding and criminal proceeding are quite different than an insurance claim and civil case. When rules and regulations are violated, the state can step in to discipline and fine the facility and / or its staff members. For a civil case or an insurance claim, the elements of a case are a bit different especially when it comes to the element of damages. For instance, a facility may violate a bunch of different building codes and get shut down by the state; however, if there are no harm caused to any of the children – there may not be a civil case or insurance claim to pursue. Just because a day care center violates a rule or regulation or even engages in conduct that is criminal in nature – this does not mean that there will be a big settlement or any settlement for that matter on behalf of the child.
In Ohio and other States, children are, at times, injured as passengers in motor vehicles. In most accidents, the child is injured as a properly seated and restrained passenger in the vehicle. While in other accidents involving injuries, a child suffers personal injuries due to the lack of a seat belt and / or riding in or neat the vehicle as a stunt of sorts. For instance, some children have been injured while riding on the hood or trunk of vehicles. Others have been injured when towed by a vehicle while riding a skateboard, scooter, bicycle, or other wheeled device. Whether a child is injured by run of the mill automobile accident or one involving unsafe riding or stunts, a case or claim can be pursued by the parents of the injured child for the damages sustained as a result of the automobile accident, bicycle accident, and / or pedestrian accident.
Driveways in residential neighborhoods are the unfortunate and tragic spots or location for back over accidents involving infants and toddlers. Because of the height of a toddler, a driver does not always see the child behind the vehicle. While back over accidents can be prevented in most instances, they still continue to take place in any given community. It is important to exercise the utmost of caution and care when backing out of a driveway because the child could be presence or walk into the driveway at any given moment. If there is a back over accident involving a child, the driver should stop at the scene of the accident or incident and call for medical and police assistance immediately.
An Ohio boy tragically died at Circleville Raceway Park. The six year old was diving his go-cart in a private session at the race track when he was hit by a motorcycle. Officials report that the go-cart spun out and was hidden behind a small hill when it was struck by the motorcycle. The child received treatment at the scene of the accident and was transported by air ambulance to Nationwide Children’s Hospital. He later died from his injuries.
Athens County Sheriff’s Office has been investigating allegations that a 72-year-old man inappropriately touched six children at day care centers in Athens County. The police and Children Services were first notified when a mother of two teenage girls said that the man groped her daughters at a store connected to a home day care center.