Articles Posted in State Specific Articles

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By Stephanie F. Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

vehicle%20seat%20belt%20safety%20children%20injury.jpgIn a bill introduced in the Georgia State Senate on January 15, 2009, the failure to wear a seatbelt would be considered as evidence against a plaintiff in a lawsuit arising out of an automobile accident. Under this bill, the failure of a plaintiff to wear a seatbelt in violation of Georgia’s seat belt law could be considered as evidence of the plaintiff’s own negligence or contributory negligence. Such a bill will give the at fault driver a chance to point the finger back at the plaintiff, saying to the plaintiff “Yes, I might be at fault but so were you in not wearing a seat belt.” In Georgia, the injured victim could be an innocent child passenger who failed to fasten his or her seatbelt and suffered injuries in a car accident through no fault of his or her own.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Denver, Colorado, a mother, Danelle Daunchet, was arrested for child abuse for her nightly method of supervising and restraining her 10 year old daughter. Apparently, every night, Ms. Daunchet would zip tie her daughter’s hands and have her sleep on her back. Each morning, Ms. Daunchet would release her daughter by cutting off the zip ties. The Department of Human Services took the girl into custody. The story reports that the child was restrained to keep her from “stealing” food at night. How can a child “steal food” from her own home? From her own mother? This is a very strange story and an improper way to parent and supervise a child. You can read more about this story at Denver Mother Arrested for Restraining Daughter at Night.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

playground%20swings%20with%20buckets%20toddlers%20baby%20day%20time.jpgIn Massachusetts and other States, children in child care / day care suffer personal injuries on playgrounds and outside areas. Some personal injuries result from poor supervision or negligent inspection / maintenance of playground equipment. Some personal injuries result from a poor design or dangerous heights of playground areas. Many injuries on playgrounds in Massachusetts day care / child care centers can be avoided with diligent supervision, properly designed playground areas considering the size and age of the children, and consistent maintenance.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Massachusetts, each child care licensee (owner / operator) must maintain records of training opportunities provided to or available for staff members. Training is vital for all child care providers so that each child is provided with a safe day care environment. The State of Massachusetts Department of Early Childhood Education pursuant to Regulation P-GCC/SA-18 – Staff Training is to required to maintain documentation for such training for inspection and review by the Department of Early Childhood Education. The documentation must include the date, time, and duration of the training. In addition, the documentation must include the topic presented, the name of the trainer, presenter, or speaker, and the names of all staff members who attended the training.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20different%20color%20crayons%20in%20a%20star%20circle.jpgBefore selecting a day care center for your child in Georgia and other States, it makes sense to do some research into the facility. Visit the facility and ask a lot of questions. Visit more than once if you like. See if you can speak to other parents with children in the program. Another great resource of information is the State of Georgia Office Website for the Department of Human Resources where you can access a database called the Facility Location and Information Guide. Search by city, county, name of facility, and other factors. It is important information to have and review.

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By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In the State of New York, day care and child care centers are regulated by the New York State Office of Children and Family Services. In considering a day care center placement for your child or considering a change in placement, it is important for parents and caregivers to research the facility and find out the size, capacity, staff, license history and other facts available at the Office of Children and Family Services Official Web Site. The Day Care Facility Search Page is a great resource for parents and caregivers looking to find out information on day care centers throughout the State of New York. Parents and caregivers should play an active and ongoing role in the selection and retention of a day care center.

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By Stephanie F. Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

handcuffs%20on%20white%20background.jpgPolice in Brunswick (Glynn County) Georgia charged Bryon Patrick Nail, age 28, with murder for the death of his girlfriend’s 2 child old child. The child suffered head injuries while under the care of Mr. Nail. The toddler was later pronounced dead at Memorial Health University Medical Center in Savannah, Georgia. Investigation into this untimely and suspicious death of the 2 year old will continue including further review of autopsy and toxicology studies.

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By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Christopher Michael Nicklis, a former teacher from Harrison High School, has admitted that he gave a 15 year old student a mobile phone. After giving the girl the phone, he began sending the teenager sexually explicit messages and naked photos of himself to the student. The story unfolded when the student’s mother found the mobile phone and then reported the gift of the phone to school officials. Nicklis later resigned and stated, “I am an idiot.” Mr. Nicklis showed poor judgment and was preying on a 15 year old girl with most inappropriate and illegal acts. You can read more about this story at Cobb County Georgia Teacher Admits to Sending Naked Photos to Student.

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By Steven Smith, Attorney David Wolf, Attorney
Published by Child Injury Lawyer Network

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Only in New York can you be sitting in your office, looking out of the 35th floor window and see a jet airliner landing in the icy water below. That happened in New York recently when an airplane, headed for North Carolina hit a flock of birds, damaging both engines and yet landed safely in the Hudson River next to New York City on January 15, 2009. On board were 155 passengers, including children and a little baby. It was called a miracle that the pilot, who had many years of experience, was able to make the split second decision to land the plane in the water and no one got seriously hurt. Some people took charge inside of the plane, few panicked, and in the end, all most ended up standing on the wings on the plane, or close by in the water, waiting to be saved. This truly was a disaster in the making, but the cool heads of the pilot and crew in the air and many passengers on the ground (in the water) made this a happy ending. Serious injuries were avoided because the passengers listened to the safety instructions and prepared for the bumpy landing. In fact, the baby was held, at the time of the accident, by the person in the next seat, because the mother was afraid to do so and the father of the baby was several rows back. The baby was safe—and ready for the next flight! You can read about this story at Miracle on the Hudson.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

sports%20football%20helmet%20white%20on%20grass.jpgIn Kentucky and other States, high school football is a taken very serious by school officials, parents, students, and the community. On August 20, 2008 – during the sweltering heat of summer, Max Gilpin, age 15 collapsed on the football field from heat exposure / heat stroke. Tragically, Max died 3 days later. His high school football coach, David Jason Stinson, has been charged with reckless homicide. While there have been many reported heat exposure / heat stroke deaths, it is uncertain if any other cases have resulted in the criminal prosecution of the coach who directed and required practice under these conditions. Did Coach Stinson’s conduct amount to a conscious or reckless indifference to the health, safety, and welfare of the players? What was the temperature that day? What was the length of practice? How many water breaks were provided? What amount of fluids did Max consume prior to and during practice?

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