Articles Posted in State Specific Articles

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Map%20Kansas.jpgA Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see Kansas daycare center loses license because of harsh punishments on children.

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By Kevin Leach, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgIn Virginia and other states, the summer heat poses a particularly dangerous risk to children. A child left unattended in a vehicle is at risk for serious personal injuries including death from hyperthermia, heat stroke, and other causes. Parents, day care providers, teachers, bus drivers, and others should never leave a child unattended on a vehicle for any period of time. Children lack safety awareness. This is especially true for elementary school and day care children. Schools, day care centers, and summer camps should have a policy / procedure, checklist, and a check / balance system to make sure that no children is left unattended or alone in a school bus, van, or other vehicle. Setting policies and following policies will save lives. Taking shortcuts or relying on pure memory and attention can lead to serious personal injuries to children. In Richmond, Virginia, officials are investigating an incident in which a five year child was forgotten or left on the a bus. The student was supposed to be taken to Summer Hill Elementary School. It was reported that the driver as a substitute driver who failed to or forgot to check the bus when it was parked. This was a policy in place for the school district. It is great to have policies. It is also important to train drivers on these policies and for the policies to be followed. You can read more about this story at Richmond Prosecutors and Police Investigate School Bus Incident.

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By Scott Soutullo, Attorney, Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

pool.jpgAlthough school has been out for only one month, there have been two, fatal drownings at local apartment complexes in Lawrenceville, Georgia. One victim, was a unidentified 4-year-old girl who drowned on Father’s Day. The girl was pulled from the Durant at Sugarloaf Apartments’ pool during the holiday evening. Firefighters were unable to resuscitate the child despite performing CPR on the way to the hospital. The other victim, a 7-year-old child, was found unconscious in the Amli McGinnis Ferry apartment complex pool. In 2006, the fire department responded to 28 near-drowning incidents.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

zoo%20cartoon.jpgA 2-year-old was left at the Lousiville Zoo during a field trip by the toddler’s daycare center. While state agencies investigate the incident, Kids Kozy Korner is banned from taking field trips. Although police say it is unclear how the child became separated from the group, they could confirm a zoo employee found the toddler alone near the entrance of the zoo and was forgotten by the daycare. Police also said it took nearly two hours to locate the daycare after they found the child. Mark Zoeller, assistant director of the Louisville Zoo, said the zoo gives out bracelets for kids to wears with space for adults to write contact information in the event a child does happen to become separated from his or her supervisor. The toddler was not wearing bracelet when she was found. After the incident, the employees who worked the field trip were fired, said another employee at the daycare. To read more on this story see Toddler left at Kentucky zoo by daycare.

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By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

gun%20handgun%20black%20on%20its%20side.jpgA two-year-old boy was shot and killed by an accidental gun shot in Henderson, North Carolina. The child was taken to Maria Parnham Hospital where he was pronounced dead. Investigators believe the child, Timothy Atwater Jr., took the unsecured handgun from a countertop when the weapon fired. A North Carolina Department of Health and Human Services website indicates the address, 491 Daniel Harris Road, where the accident occurred, is the location of a daycare center. Initial reports from 9-1-1 dispatchers also state the shooting took place at a daycare center. However, this has not been confirmed by investigators. The case is still under investigation by the sheriff’s office and Medical Examiner’s office. To read more on this story see 2-year-old dies from accidental shooting at daycare center.

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By J. Rock Palermo, Attorney, Roy S. Dickinson, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

car%20passenger%20side%20mirrow.jpgSummertime in the south can be overwhelmingly hot. It is common for temperatures to reach well into the 90s with a heat index above 100 degrees. As the temperatures increase, the Louisiana Department of Social Services wanted to remind its residents of the dangers about leaving children unattended in automobiles–it can be deadly. Between 1989 and 2010, Louisiana DSS reported 16 children who have died as a result of heat stroke, otherwise known as hyperthermia.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20California.jpgOn June 17, the Supreme Court of California ruled a homeowner accused of negligently failing to supervise her son, thus enabling him to repeatedly molest a child at the mother’s home, may be entitled to coverage under her homeowner’s insurance policy. The California high court’s decision was unanimous and the court reasoned that because the mother and son were separately insured under the policy, the claim against the mother might be recovered, even though the “intentional acts” exclusion provision of the policy clearly precluded coverage for the claim against the son.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

fist%20closed%20fist%20black%20and%20white.jpgA Caldwell, Idaho man, Bryan Sears, will serve at least 3 years before he is eligible for parole repeated acts of abuse on a 2-year-old child. Sears was sentenced to 10 years in prison, ordered to have no contact with the victim, and pay the victim a $5,000 civil penalty. The twenty-six-year-old man pleaded guilty to felony injury to a child and admitted to injuring his girlfriend’s child over a 6-month span. The abuse caused the child to be hospitalized in December for more than a month with an injured pancreas. To read more about this story see Idaho man sentenced to 10 years after repeated abuse on 2-year-old.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

car%20front%20end%20damage%20driver%27s%20side%20view%20silver.jpgA USA Today published an interesting article about the increase of teenage vehicle accidents during the summer months. According to the National Highway Traffic Safety Admission, the period between Memorial Day and Labor Day is the deadliest for drivers ages 15-20. Traffic safety experts state that the increase in youth fatality rates during this time period is due to youths having more free time and less parental supervision, more opportunities to drive at night and relaxed curfews.

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By Andrew Prine, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Gavel%20and%20Scales%20of%20Justice.jpgThe Michigan Supreme Court handed down a decision that may have an effect on businesses and schools within the state that offer recreational activities for minors. The Supreme Court of Michigan ruled that a parent’s signature on an injury waiver does not waive the legal rights of a child who is hurt at play. Essentially, a parental signature on behalf of a child binds the child to the contract. The Michigan Supreme Court said that parents do not have the authority to do such. The court’s decision reasoned that Michigan’s common law prevented a parent from entering into a contract restricting the rights of a child.

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