Articles Posted in State Specific Articles

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Riverside, California, a party was planned at a home. In preparation for the party and guests to arrive, the owner of the home decided to move his truck. Tragically, as the man was moving his truck – he ran over his 17 month old son. Driveway accidents have been reported throughout the United States. It is clear the driveways are very dangerous areas for small children who have poor safety awareness. The death of this child is certainly a tragedy for the father, family, neighbors, the community. From deaths like these, it is important to emphasize to parents and all drivers that small children should be kept out of the driveway area or in the alternative be held or otherwise very closely supervised so that incidents like these do not happen in the future. You can read more about this story at Riverside, California Child Dies After Father Moves Truck for Party.

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By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Carolina and other states, it is typical for a government agency to rate a licensed facility like a day care center. In North Carolina, a child suffered personal injuries at a 5 Star day care facility as rated by the State of North Carolina. Parents rely on these ratings to select a day care center. It is nice to have a good rating if you run a day care center for marketing and reputation purpose; however, as a parent, you should not rely completely on these ratings. Many incidents of neglect and abuse are reported to the State of North Carolina but ultimately cannot be proved by sufficient facts. This does not necessarily mean that the abuse did not take place. It is a proof or evidentiary problem with the case. In addition, inspections of facilities do not always detect violations that are otherwise being committed by the day care center operator and / or staff. Also, conditions in day care centers change from day to day. A fence could be in a good condition one day but break the next thereby causing a safety and health hazard to children enrolled in the day care center. You can read about the complexities of the North Carolina rating system and tips for selection a day care center at North Carolina Day Care’s 5 Star Rating Hid Problems and Issues.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Delaware and other States, children are unfortunately placed in dangerous situations by their parents. In caring for a child, a parent should act in the best interest of the child. However, many parents selfishly act without considering the needs or safety of the child. In New Castle County, Delaware, four men were arrested for drug possession. Unfortunately, they were traveling around in a vehicle with a 4 month old in the vehicle. Drug buys and situations involving drug use are certainly dangerous for children. There are often times violence associated with drug buys and drug use. When a parent or other adults are under the influence of alcohol or drugs, judgment is impaired as to the best interest and safety of the child. During the arrests of the four men by New Castle County police, the infant was found improperly secured or improperly seat belted in the back seat of the vehicle. The arrest may have prevented serious injuries to the child there was an automobile accident or other incident caused by poor driving or violence. A search of the vehicle located two plastic bags containing marijuana and other drug paraphernalia. You can read more about this story at Four Arrested – Took Baby on Drug Buy in Delaware.

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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

StateLaw.jpgWisconsin Governor Jim Doyle recently signed into law four bills aimed at protecting children while being cared for outside the home. The new laws will better enforce preventative procedures against fraudulent child care services and help ensure child safety. The bills were introduced in reaction to discovery of fraud in the state’s child care program, Wisconsin Shares, which assists low-wage-earning parents in paying for child care.

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By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Carolina and other States, picking the right day care center for a child is a very important decision for a parent. Most day care centers are clean and in compliance with State and Federal regulations. Unfortunately, some day care center violate regulations and fail to properly supervise and care for the children enrolled in the center. Some children even die as a result of poor care and inattention in day care centers. In some instances, a parent finds out too late that a day care center is not the right place for the child. You can read a story and see a video on this topic at Wake County – Finding the Right Day Care Center.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Concussions in high school sports are being scrutinized that recent studies have revealed a high incidence of brain injury and trauma in professional sports like the National Football League. When a high school athlete like a football player suffers a concussion, the best interest of the child / student should be paramount to all other concerns namely competition / winning a game. The Fort Wayne Journal Gazette recently posted a good article regarding concussion in high school sports – Concussions No Longer on the Sidelines. If you have a child active in sports, this would be a good article to read to see what approaches and recommendations are being made when a high school athlete suffers a concussion.

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

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In Ohio and other States, day care workers have the responsibility to supervise children. It is vital that day care workers stay calm and think of the best interests of the children when performing their duties. In Dayton, Ohio, it was reported that a day care worker punched a four year old boy in the chest causing him to fall down. In many instances, it comes down to the word of the day care worker versus the word of the child. A 4 year old boy’s testimony is not always reliable or accurate. In this case, another teacher witnessed the incident. As a result of this evidence, misdemeanor assault charges were filed against Sherra Howard, a 25 year old day care worker who apparently lost her composure punched the child and then proceeded to spank him as well. The day care center was operated by the YMCA. The CEO of the YMCA issued a statement about the incident. You can read this statement and more about this story at Ohio Day Care Center – Day Care Worker Punches and Spanks Child.

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By Anthony Ferguson, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

household%20bed%20injury%20death%20child.jpgIn three unrelated incidents, Maine infants died while sleeping with their parents. The first death was reported on Sunday, October 4, 2009 when a two-month-old Madison, Maine girl was found dead in her father’s bed. The second incident occurred on October 5 when a two-month-old boy died after sleeping with his mother in Canaan. The third incident took place on October 6 in Windsor when a five-week boy died while sleeping with his mother. According to Maine State Police, no foul play is suspected in any of the cases. You can read more about these incidents at Co-Sleeping Deaths of Infants in Maine.

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By Scott Soutullo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The State of Alabama prohibits sex offenders from residing within 2000 feet from a day care center or school. Some sex offenders are one time offenders while others have committed crimes over and over. As such, it is difficult to predict if and when a sex offender will repeat his or her crimes. This Alabama law was enacted as a safety measures of sorts to keep sex offenders including child predators away from children attending school and day care centers. While the law may help prevent the abuse of children, it is by no means a measure that will in every instance keep child predators away from children. In Satsuma, Alabama, a sex offender was recently arrested for allegations that he was residing with his mother. The home was located near a day care center. The sex offender was arrested. Of course, the sex offender will have the right to defend himself through a criminal lawyer or the public defender’s office. This instance highlights this Alabama law as well as a dilemma for many sex offenders as to where they can or should live. You can read more about this story at Satsuma Alabama Sex Offender Arrested for Residing Near Day Care Center.

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By Kevin Leach, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Map%20Virginia.jpgIn Richmond, Virginia, Keishawn L. Whitfield, age 23, was recently convicted on charges of Involuntary Manslaughter and Child Neglect. In the Summer of 2009, Mr. Whitfield left a 13 month old child unattended in a day care center van. Whitfield’s attorneys argued that it was a mistake and inattention rather than a crime to leave the child in the day care center van. Tragically, the child died as a result of being left in a hot vehicle in the Virginia summer heat. The child was enrolled in the Yellow Brick Road Day Care and Learning Center which was owned and operated by Whitfield’s mother.

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