By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Missouri day care / child care caregivers in the State of Missouri. According to 19 Code of State Regulations 30.60.070, Responsibilities of Caregivers, the following responsibilities apply to caregivers:
By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Parents, Allen and Nichole Hansen, are mourning the deaths of four of their children who recently died in a house fire. Abigal Ziel (age 14), Megan Hansen (age 7), Tyler Hansen (age 8), and Haylee Hansen (age 3) all died in the fire in the Town of Greeley, Iowa. Their older teenage brother and another family escaped the fire.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
The United States Centers for Disease Control and Prevention (Washington D.C.) reports that half of the victims of salmonella poisoning from peanut butter have been children. So far, there have been approximately 500 reported incidents of salmonella poisoning linked to peanut butter across the United States.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Brandon Tucker was just 4 years old when he was seriously injured while on the Roger Rabbit Car Toon Spin ride while a guest at Disneyland in California. Brandon suffered brain injuries, internal injuries, and cardiac arrest. Brandon fell from the ride and then was dragged underneath the car for several minutes. Brandon never recovered from the injuries and faced a lifetime of medical care and problems from this tragic accident. Disneyland never admitted fault for the incident but did settle the case with the family 17 months after the incident. In 2009, Brandon died at his home when he was found unresponsive by his father. Brandon was 13 years old at the time of his death. You can read more about this story at Boy Dies After Years of Brain Damage and Related Injuries from Disneyland Ride.
By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network
In 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.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
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.
By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In 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.
By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In 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.
By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network
Before 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.
By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network
Parents and homeowners in Georgia need to be cautious about serving alcohol at parties where minors may be in attendance. Under Georgia’s “Dram Shop” law, parents can be held liable for injuries caused by an underaged drinker who later causes an automobile accident. If the parent served the alcohol to the minor who the parent knew would soon be driving a car and the minor’s driving while intoxicated caused injury to a third person, the parent can be held liable for those injuries. If the drunk minor sustains injuries, however, the parent who provided the alcohol cannot be held liable for those injuries. Furthermore, if the drunk minor is killed in the car accident, his parents cannot recover for the wrongful death of their child against the adult who provided the alcohol. Howell v. Marks, 269 Ga. App. 147 (2004).
