Articles Posted in State Specific Articles

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20blocks%20plprj.jpgIn Alabama, child day care centers are classified in one of two groups: Licensed or License Exempt. All centers, under Alabama law, that require a child day care license must be licensed by the Department of Human Resources. Child day care licenses need to be renewed every two years. The Department of Human Resources sets for minimum standards to qualify for a license. Once a license is approved, child day care centers must remain in compliance with these licensing regulations.

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

street%20stop%20sign%20with%20fasten%20seat%20belt%20sign.jpgThe Alabama Safety Belt Use Act of 1991 (“ASBUA”), codified at 32-5b-1, is Alabama’s primary law that governs safety belt use. This law requires every adult front seat occupant of a passenger car to have a safety belt fastened to their body while the vehicle is in motion. “Adult” was emphasized because Alabama law imposes a different set of requirements on the parents of small children riding with them in a vehicle. This makes perfect sense. Because a child’s body is significantly smaller in size and weight, it cannot be properly restrained by the same safety belt intended for a full grown adult. To make matters worse, fastening a child in an adult restraint could cause even more severe bodily harm / personal injuries to a child in an automobile accident. For these and other reasons, Alabama’s primary safety belt law refers us to a completely different code section at 32-5-222 which specifically governs child safety restraints. You can read this code section and others at the Official Site for the Code of Alabama.

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By Jay Foster, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

baby%20bib%20and%20pacificier.jpgA nationwide study recently reported Mississippi with the highest teen pregnancy rate in the nation. As compared with a national average, Mississippi’s teen pregnancy rate was 60 % higher. The study reviewed birth certificates for each State. Over 400,000 births were to mothers ranging from age 15 through 19. You can read more about these and other statistics at Teen Pregnancy Rate – Mississippi Leads the Nation.

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By Benjamin A. Klopman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Househould%20Products%20Cleaning%20Supplies%20Green%20Spray%20Bottle.jpgChildren in Maryland day care centers / child care centers should be protected from all hazardous items inside and outside the facility. Pursuant to Title 13 A State Board of Education – Child Care Centers – Regulation 13A.16.10.04 – a child care center shall keep potentially hazardous items away from the reach of children. Harmful or potentially hazardous items include petroleum, gasoline, oil, and other flammable products. Cleaning agents like ammonia, bleach, and detergents need to be stored out of the reach or accessibility of children in the child care center. Poisonous items should be stored away from children and clearly labeled. The clear labeling of poisonous items will help prevent mistakes being made in the child care center as to these items. Firearms are prohibited from child care centers unless the child care center is located in a home. Even then, there are certain restrictions and regulations for the storage of a firearm in the home.

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

In Alabama and other States, children are injured in day care centers every day. Many of the personal injuries take place outside and in the playground area. The State of Alabama – Department of Human Resources – Minimum Standards for Child Day Care Centers – Regulations and Procedures – sets forth minimum safety requirements for playgrounds located at child day care centers.

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By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Maryland has day care centers and child care centers throughout the State. The State Board of Education sets forth standards for day care centers / child care centers pursuant to Title 13 A State Board of Education – Child Care Licensing. Under Regulation 13A.16.05.12. 12, the State of Maryland sets minimum standards for Outdoor Play or Playground areas. In particular, a day care center / child care center shall have an outdoor play area (playground) that is adjacent or easily accessible to the center providing ample play space. Each day care center / child care center must keep the outdoor play area free from hazards that may cause personal injuries or danger to the child. Hazards would include broken fences, broken playground equipment, unprotected or unfenced waterways, holes in the ground, glass or other sharp / dangerous objects, and poison ivy. Many injuries to children in Maryland can be avoided with good and consistent maintenance and supervision of outdoor play areas / playgrounds.

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By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Wisconsin Department of Children and Families published helpful tips on Choosing a Child Care Center / Day Care Center. The tips should be considered and utilized by parents in selecting a child care center / day care center. Unfortunately, children are injured every day in day care centers in Wisconsin and throughout the United States. Carefully selecting a day care center may help reduce the risk of injury to children in day care centers. Just because a facility has passed inspection and has no violations does not guarantee your child’s safety; however, it is one indication or factor to use when selecting a day care center.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Georgia and other States, day care center rules and regulations provide for specific provisions for outdoor play areas. Children in day care centers want and need a safe outdoor play environment during the extended time periods that the child is under the care of the day care center. Pursuant to Chapter 290-2-2-.12 (aa), Physical Environment and Equipment – Rules and Regulations for the State of Georgia, a day care center must provide an outside play area as follows:

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

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Babysitting can be a dangerous job. Just ask Nathan Beavers who was shot by a 4 year old he was babysitting in Jackson, Ohio. The 4 year old Ohio boy got upset because the babysitter accidentally stepped on the foot of the 4 year old. Apparently, there was a shotgun that was accessible to the 4 year old and he shot the babysitter. While the wounds were described as minor in a news report, it is quite troubling that the 4 year old had access to the shot gun, a weapon that could certainly inflict serious bodily injuries and death upon a victim. You can read about this story at 4 Year Old Shoots Babysitter and Another Teen in Jackson, Ohio.

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

aircraft%20helicopter%20view%20from%20bottom%20cloudy%20sky.jpgA Louisiana helicopter heading for an offshore oil platform crashed in a Louisiana marsh leaving eight dead and one injured. It is a tragic incident for those in the helicopter as well as their families. The helicopter was operated by PHI, Inc. News reports state that the helicopter crashed a short time period after take off. The helicopter was operated by two pilots and had seven passengers. The crash took place near New Orleans in a marsh located in the Terrebonne Parish. The seven passengers were employees of two Shell Oil Company contractors as they were traveling to the oil platform. In most States, there are specific laws in place dealing with wrongful death worker’s compensation matters. In addition, there may be a third party liability case against the helicopter operators, owners, and manufacturers for the wrongful deaths and personal injuries. The National Transportation Safety Board and other government agencies will conduct an investigation as to the cause of the crash. The NTSB will examine the flight recorders, wreckage, and other evidence and artifacts from this crash.

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