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By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In the State of New York, day care and child care centers are regulated by the New York State Office of Children and Family Services. In considering a day care center placement for your child or considering a change in placement, it is important for parents and caregivers to research the facility and find out the size, capacity, staff, license history and other facts available at the Office of Children and Family Services Official Web Site. The Day Care Facility Search Page is a great resource for parents and caregivers looking to find out information on day care centers throughout the State of New York. Parents and caregivers should play an active and ongoing role in the selection and retention of a day care center.

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By Stephanie F. Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

handcuffs%20on%20white%20background.jpgPolice in Brunswick (Glynn County) Georgia charged Bryon Patrick Nail, age 28, with murder for the death of his girlfriend’s 2 child old child. The child suffered head injuries while under the care of Mr. Nail. The toddler was later pronounced dead at Memorial Health University Medical Center in Savannah, Georgia. Investigation into this untimely and suspicious death of the 2 year old will continue including further review of autopsy and toxicology studies.

Published on:

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Christopher Michael Nicklis, a former teacher from Harrison High School, has admitted that he gave a 15 year old student a mobile phone. After giving the girl the phone, he began sending the teenager sexually explicit messages and naked photos of himself to the student. The story unfolded when the student’s mother found the mobile phone and then reported the gift of the phone to school officials. Nicklis later resigned and stated, “I am an idiot.” Mr. Nicklis showed poor judgment and was preying on a 15 year old girl with most inappropriate and illegal acts. You can read more about this story at Cobb County Georgia Teacher Admits to Sending Naked Photos to Student.

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By Steven Smith, Attorney David Wolf, Attorney
Published by Child Injury Lawyer Network

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Only in New York can you be sitting in your office, looking out of the 35th floor window and see a jet airliner landing in the icy water below. That happened in New York recently when an airplane, headed for North Carolina hit a flock of birds, damaging both engines and yet landed safely in the Hudson River next to New York City on January 15, 2009. On board were 155 passengers, including children and a little baby. It was called a miracle that the pilot, who had many years of experience, was able to make the split second decision to land the plane in the water and no one got seriously hurt. Some people took charge inside of the plane, few panicked, and in the end, all most ended up standing on the wings on the plane, or close by in the water, waiting to be saved. This truly was a disaster in the making, but the cool heads of the pilot and crew in the air and many passengers on the ground (in the water) made this a happy ending. Serious injuries were avoided because the passengers listened to the safety instructions and prepared for the bumpy landing. In fact, the baby was held, at the time of the accident, by the person in the next seat, because the mother was afraid to do so and the father of the baby was several rows back. The baby was safe—and ready for the next flight! You can read about this story at Miracle on the Hudson.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgA 20 year man with a painted face, bulletproof vest, and an 8 inch knife entered the “Fabeltjesland” — Fairytale Land – Day Care Center in Brussels, Belgium. Upon entry into the facility, the suspect currently identified as “Kim D.” started stabbing and slashing at the children and day care workers. The suspect murdered a 9 month old, a 6 month old, and a day care worker.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

sports%20football%20helmet%20white%20on%20grass.jpgIn Kentucky and other States, high school football is a taken very serious by school officials, parents, students, and the community. On August 20, 2008 – during the sweltering heat of summer, Max Gilpin, age 15 collapsed on the football field from heat exposure / heat stroke. Tragically, Max died 3 days later. His high school football coach, David Jason Stinson, has been charged with reckless homicide. While there have been many reported heat exposure / heat stroke deaths, it is uncertain if any other cases have resulted in the criminal prosecution of the coach who directed and required practice under these conditions. Did Coach Stinson’s conduct amount to a conscious or reckless indifference to the health, safety, and welfare of the players? What was the temperature that day? What was the length of practice? How many water breaks were provided? What amount of fluids did Max consume prior to and during practice?

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By Will Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20cup%20of%20crayons.jpgIn Ohio child day care centers, it is vital that children receive adequate and appropriate supervision by responsible adults and caregivers. Pursuant to Ohio Revised Code Chapter 5104 – Child Day Care – Section 5104.011 (B) (3), the child care care center must have at least two adults available at the facility at all times when 7 or more children are in the center. The child day care center must make sure that no child is left alone or unsupervised at the center. The staff ratios required under the Ohio Revised Code varies from age group to age group. For instance, the staff ratio requirement for infants under 1 year old is 1 staff member for every 5 children or 2 staff members for every 12 children. For school age children from kindergarten to children under 11 years old, the staff ratio requirement is 1 staff member for every 18 children. As you can see and it makes sense, Ohio law requires more staffing for younger children especially infants and toddlers. You can read about the other staffing requirements and other regulations and rules regarding Ohio child day care centers at Chapter 5104 – Child Day Care.

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By Jeremy Vishno and David Wolf, Attorney

Published by Child Injury Lawyer Network

recreation%20snow%20tubing%20tracks%20winter.jpgIn Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge’s ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.

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By Stephanie F. Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

Hancuffs%202.jpgAdrian Zakaluzny, age 63, was a mentor at Butts County Elementary School. A fourth grade boy from the school informed the police that Mr. Zakaluzny took the boy to Zakaluzny’s home and molested the boy. Apparently, Mr. Zakaluzy volunteered at other area school and an investigation is under way to determine if there are other alleged victims of Mr. Zakaluzny. Authorities have advised parents to question their children who may have had contact with Zakaluzny in Clayton, Spalding, Butts, and Monroe county Georgia. Mr. Zakaluzny previously passed a criminal background check by one or more of the school systems. If Mr. Zakaluzny did in fact commit this crime as well as others, it appears that he volunteered to be a mentor to be closer to child victims and to gain their trust. There are many questions that arise in this matter since Mr. Zakaluzny worked in several school districts over many years:

Published on:

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A peanut butter plant located in South Georiga has been linked by the U.S. Food and Drug Administration to an outbreak of salmonella that has caused illness in 486 people and the possible deaths of six others. The peanut butter was manufactured in a plan owned by the Peanut Corporation of America. The peanut butter was sold to institutions such as schools and hospitals as well as food companies that use the product as an ingredient in other products. Georgia schools and hospitals have been removing peanut butter from their menus. A complete list of recalled products can be found at the Food and Drug Administration Web Site. You can read more about the Georgia peanut butter plant at the Georgia Peanut Butter Plant Linked to Salmonella.

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