Articles Posted in Child Safety

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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.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Summer%20Camp%20Rafting.jpgIn the summer time, there are many rafting trips organized throughout the United States. Many of which are run through summer camps for children and / or private tour companies. One such trip turned tragic on the Ocoee River. Andrew Silverstein drowned during the rafting trip. The incident was investigated. It was reported that the raft overturned and then Andrew was pulled under the water. During the summer, Andrew was a camper at Camp Ramah Darom which is based in the State of Georgia. When Andrew was thrown out of the raft, his leg became stuck under a rock. It was certainly a tragic run of events that led to the death of Andrew Silverstein.

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

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There was a recent tragic death of Jazmin Green while on a field trip with a day care center to Chuck E. Cheese in Georgia. The death could have easily been avoided had the Georgia Rules and Regulations for Child Care Learning Centers been followed. Pursuant to Rule 591-1-1.36 Transportation of the Rules and Regulations for Child Care Learning Centers, day care staff members must check the vehicle to assure that no child is left on the vehicle. When a child is determined to be missing after a trip, immediate action to locate the child must be taken. There must be a signed checklist to account for the loading and unloading of children. Day care centers must maintain a copy of these signed checklists for a period of one year. Yes, a simple checklist, due diligence, and common sense can save lives and protect children while being transported by Georgia Day Care Centers. See also Jazmin Green (Toddler Death): What Went Wrong? Day Care Nightmare and Blunders: Tragedy for April McAlister and Family and Arrests Made Following Death of Jazmin Green – Difference Between Civil Case and Criminal Case.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

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According to the United States Centers for Disease Control and Prevention, gun violence claims over 30,000 lives per year. For every person who dies from a gunshot wound, two others are wounded. In addition to those who are killed or injured, there are countless others whose lives are changed forever by the deaths and injuries of their loved ones.

A devastating example of gun violence occurred on the 500 block of South Eighth Street in Louisville, Kentucky. A three-year-old boy, Davion Powell was shot Friday night at a Louisville apartment complex. According to the investigators, an argument between residents broke out and escalated into gunfire around 11 p.m. The boy was shot during crossfire. Powell was in critical condition when he was taken to Kosair Children’s Hospital, and sadly he died Monday afternoon.

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By Rob Shainess, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

CPR.jpgMinnesota law now requires day care workers take a CPR course before working with children. The new law is called “Hannah’s Law”. Hannah’s law requires that all Minnesota day care center personnel, including teachers, assistants and staff who transport children, be CPR certified. The law came about as a result Hannah Kozitza’s death last summer, a four-year-old who suddenly choked on a grape at a day care center in North Mankato, Minnesota.

Under Minnesota’s previous laws, only one person in a day care was required to be trained in CPR. Charlie Brown day care center, located in Mason City, requires all of their employees to be CPR certified, regardless of how much they work. Kim Tabbert, the Assistant Director of the day care said, “We just want to make sure all our kids are safe. It’s a comfort to the parents; it’s a comfort to the staff to know that the people you are working with are trained in this.”

Published on:

By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgPolice officials in Clayton County, Georgia investigated the death of a 2 year old girl (Jazmin Green) and received authority to make three arrests just one day following the unfortunate, tragic, and preventable death. Authorities arrested Marlo Maria Fallings, Quantabia Shantell Hopkins, and a juvenile. The charges included the following: involuntary manslaughter, cruelty to children, and reckless conduct involving the death of Jazmin Green. Jazmin Green went on a field trip with other children from the Marlo’s Magnificent Early Learning Center near Jonesboro, Georgia. The simple field trip to Chuck E. Cheese resulted in the death of an innocent 2 year old girl.

Published on:

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

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In Jonesboro, Georgia, a toddler (Jazmin Green – age 2) died because she was left in a hot day care van while staff members and other children were inside a Chuck E. Cheese restaurant. What went wrong? The simple is answer “Everything went wrong.” By having a policy in place that is followed, tragedies and deaths of this nature can be and will be avoided. A driver’s log should have each and every child on the list when the day care van departs the day care facility. Upon arrival, a roll call should be taken while the children and staff are on the van. Every person should exit the van with another roll call. Then, there should be a sweep or walk through of the van by one staff member and then another sweep or walk through by another staff member to make sure the van is empty. When the children enter the restaurant or field trip location, another roll call should be taken. There are no additional costs and no expensive equipment necessary for such a safety measure – just a pen and a piece of paper. Tragically, Jazmin Green died because such safety measures were not followed by the day care center – Marlo’s Magnificent Early Learning Center. As a result, a family is in shock and grief over the tragedy. The phone call and subsequent hospital visit by Jazmin’s mother, April McAlister, were two things that a mother should never experience. The mother was informed upon arrival at the hospital that Jazmin was in cardiac arrest. A 2 year old in cardiac arrest – this is something that should have never – never happened. See Child Dies After Being Left in Jonesboro Day Care Center Van.

The family of Jazmin Green can proceed with a wrongful death case against the day care center and staff. This would be a civil proceeding or a civil lawsuit for damages sustained by mother and father for the untimely and negligent death of Jazmin Green. There may also be a criminal proceeding or criminal case that results from the incident. The criminal case would be handled by by the local prosecutor and local law enforcement. There are different standards of proof and different laws in place for civil and criminal cases. For a civil case, the focus would be the negligent conduct of the day care center, failure to follow State day care policies and procedures, and failing to following day care policies and procedures. The criminal case (if one is filed) would depend on the Georgia laws in place and the standards or elements of the crime. Typically, the standard or burden of proof for a Georgia criminal case is greater than that of a civil case for the same set of facts.
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Published on:

By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20F.jpgIn Clayton County, Georgia, a 2 year old toddler died after being left in a day care center van during a field trip to Chuck E. Cheese. The child was alone in the day care center van while the staff and other children were inside the restaurant / entertainment facility known as Chuck E. Cheese. When the child was later found, she was transported to Southern Regional Medical Center but she did not survive the hyperthermia / heat exposure of being left in the day care center van. An autopsy will be conducted to determine the cause and preventability of this child’s death but it appears that the child died as a result of the unbearable heat of the summer in Georgia which was made much worse by being left in the day care center van.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

day%20care.jpgIn Columbia, South Carolina, a two month investigation by WLTX uncovered what parents should know about their child’s safety in daycares. WLTX found that several day care facilities had issues noted by the Department of Social Services (DSS). There were a variety of issues listed: unsafe facilities, abusive treatment of children, lack of supervision, serving expired milk to infants, and caregivers listening inappropriate music and watching soap operas in the presence of children.

The DSS has a frequently updated database that provides information about complaints and deficiencies for every licensed day care center in the state, both commercial and at-home facilities. DSS visits commercial day care facilities regularly unannounced, but does not visit at-home day cares unless a complaint has been made. DSS shut down 41 facilities since 2010, and generally, they were shut down after a long series of violations.

Published on:

By David Wolf, Attorney Published by Child Injury Lawyer Network

caution.bmpEnergy drinks are beverages that are marketed as products that they “boost energy.” These advertisements usually do not emphasize energy derived from the sugar they contain but rather increased energy release due to a variety of stimulants and vitamins. A new study said that energy drinks such as Red Bull, AMP and Rockstar have no health value and may even harm some children and teens.

Dr. Steven E. Lipshultz, co-author of the study published in the journal Pediatrics, said that the highly popular, yet caffeinated drinks are especially risky for children with heart abnormalities, attention-deficit hyperactivity order (ADHD) or other health or emotional problems. He said the energy drinks are a set of products that have no therapeutic benefits and are totally unregulated.

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