Articles Posted in West Virginia

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By Stephen New, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

sports%20basketball%20court%20graphic%20full%20court.jpgIn West Virginia, a tragic incident was reported involving a 4 year old child. While at a James Madison University (JMU) basketball game, a 4 year old child sustained a head injury after falling approximately 10 feet at the Convocation Center. The incident took place in the bleacher section of the center. Harrisonburg Fire Rescue as well as officials from the university responded to the scene to render aid and transportation to the child following the personal injury. For more information regarding this incident, see Child Sustained Head Injury While at JMU Basketball Game.

Published on:

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In West Virginia, day care centers and child care centers have a duty to provide children with a safe and clean outdoor and playground environment. Pursuant to Title 78 – Legislative Rules – Department of Health and Human Resources – Division of Human Services – Child Care Centers Licensing – Hazards – Section 20.4.C, the Child Care Center has a duty to ensure that the play area for the children are well drained and free of debris. Furthermore, the child care center shall provide an outdoor environment that is clear of hazards including pits and abandoned wells, tree roots, appliances, and all other potential hazards including heat pumps, air conditioning units and external wiring, meters and telephone boxes. These areas shall be kept inaccessible to the child. The children enrolled in a day care center shall also be protected or kept away from moving vehicles when playing outside at the child care center. In addition, the soil of the playground area shall be free from any level of toxic chemicals and substances.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

farm.jpgAccording to the National Safety Council, thousands of children are injured and hundreds are killed annually due to farming-related hazards. West Virginia farmers deal with two different circumstances in which children are injured on the farm. John Miller, a West Virginia University Ohio County Extension Agent said the first issue involved children who grow up and work on the farm, and the second pertained to children who visit the farm. Regardless of the circumstance, all children should be educated about the possible dangers on a farm.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20West%20Virginia.jpgIn West Virginia and other States, children are cared for and supervised at treatment facilities for emotional and behavioral problems. The facility and staff have a duty to provide consistent and compassionate care for these children. Unfortunately, some child care workers abuse their position and abuse or neglect children under their care. Having video surveillance in child care facilities including treatment centers, day care centers, and schools can be very helpful in monitoring and evaluating the care provided to children. In some instances, the situation would be difficult to evaluate without such video surveillance because it may just be the child’s word against the employee’s word. If the child has emotional or behavioral problems – then it may be difficult to prove the abuse / neglect and convince the sheriff’s office, district attorney / state attorney, and others to take action.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

SchoolBus.jpgIn 2007, six year old Haven Brooke McCarthy was getting out of her Lincoln County, West Virginia school bus when she was hit and killed by a vehicle illegally passing her school bus. At the time, the driver’s offense was considered a misdemeanor. Since Haven’s death, her family has been working with lawmakers to toughen up the penalties for breaking school bus safety laws.