Articles Posted in Child Safety

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By Rob Shainess, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

bandaid.jpgMinnesota Day Care Centers – What Laws Apply to Outdoor (Playground) Play Space? Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0425 as to Physical Environment including Outdoor Play Space. Pursuant to Subparagraph 2. Outdoor Play Space, there must be at least 50 square feet per child in attendance of play space at the day care center or adjacent to the day care center in the form of a park or other play space available for the regular use of the children. On-site supervision is required by the Minnesota child care providers for children who are younger than school age when the play area is not adjacent to the residence. Depending on the traffic, water, and / or other hazards in or near the outdoor play space, an enclosure in the form of a fence or other barrier may be required. For safety reasons, the area must be free of litter, toxic items, water hazards, machinery, and other items that may cause potential harm or risks to the children in the outdoor play space.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

SC.jpgIn the United States, most day child care facilities are legally required by law to be licensed. The Child Care Licensing Program in South Carolina enforces laws and regulations established by the State Legislature to ensure that child care facilities provide the basic health and safety requirements for all children in their care.

Despite these licensing requirements, a day care facility in York County was operating without a license. This discovery became apparent when a baby under the care of Kristyn Shipman Edley, 26 died. Edley was arrested and booked at the York County Detention Center. The arrest was for licensing only.

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By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

unattended.jpgIn Star County, Texas a two-year-old girl suffered burn injuries when her parents left her unattended in a bath tub. Her mother, Carolyn Garza has been charged with injury to a child by omission. Her husband, the toddler’s stepfather, Jesus Alberto Lerma has also been charged for negligence. The toddler was taken to San Antonio Hospital and treated for burns. She has since been placed in the care of another family member. The parents claim it was an accident and blame a faulty water heater.

The Starr County sheriff’s deputies are not taking this incident lightly. The Department of Family and Protective Services have become involved in the investigation. The department’s spokesman, John Lennan said “it’s very important for parents or caretakers to properly supervise their children at all times, especially in the younger ages, because those children may not have the physical ability or the mental ability or the developed skill set to be able to remove themselves from that negative situation.”

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By Joseph R. Hillebrand Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

bathtub%20faucet.jpgIn Kansas City, Missouri and in every community in the United States, there is one common dangerous place in most homes and apartments – the bathtub. Unfortunately and tragically, children continue to be victims of drownings in bathtubs. Just a few moments of inattention or lack of supervision can have deadly consequences. It is vital that a smal child be supervised at all times while in the bathtub – don’t take that phone call and don’t multi-task by cooking and doing other activities while a child is bathing in a bathtub. In addition, never leave water in an unattended bathtub before or after a child’s bath time. In Kansas City, Missouri, police are investigating the death of a toddler – 18 month old Jermane Johnson, Jr. At the time of the incident, Jermane was staying with relatives. It was reported that a 16 year old (mentally handicapped) was babysitting the children on the day of the incident but was sleeping at the time that that the drowning incident took place. It is suspected by police officials that another child (5 years old) may have drowned the toddler because the toddler was crying too much. Due to the age of the 5 year old and the circumstance involved in the incident, it is uncertain how the case will be handled. Since the 5 year old is so young, it would be difficult to prove that she understood the magnitude and seriousness of her actions. See Toddler Drowns in Kansas City Missouri Bathtub – Police Suspect that 5 Year Old Drowned Toddler for Crying Too Much.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

bandaid.jpgIn Shoreview, Minnesota, a horrific incident took place at a chiropractor’s office. A mother, Amy Elizabeth Newton, from Moundsview, Minnesota, was strapped to a table for treatment at the chiropractor’s office. She was in the room with her 18 mother old child. While the mother was strapped or restrained, the 18 month old boy crawled under the chiropractor table and then unknowingly hit a button the brought the chiropractor table down on him and crushed him. All the mother was able to do was scream in horror to try to summon staff for help. While CPR was administered, the personal injuries suffered by the child including head trauma ended the life of this young boy.

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By Rob Shainess, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20day%20care%20building%20blocks%20assorted.jpgMinnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0355 as the code pertains to Supervision, Behavior Guidance, and Corporal Punishment. A simple but important question is as follows:

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By Rob Shainess, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20cup%20of%20crayons.jpgSupervision in Minnesota day care centers is key to the safety and welfare of children. Licensed day care centers are governed by the Minnesota Administration Code Rule 9502.0367 as it relates to Child / Adult Ratios – Age Distribution Restrictions. The regulations set forth the child to staff ratios which are dependent on the number of children and the age of the children. It is vital that day care centers follow these regulations to ensure the appropriate amount of staff to supervise the children. Schedules of staff members should be maintained by the facility and followed to make sure there are no gaps in supervision or times of the day that the children are put at risks with inadequate supervision.

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By Steven Smith, Attorney, and David Wolf, Attorney

Published by Child Injury Lawyer Network

bounce%20house%20castle%20safety.jpgIn Long Island, New York, three bounce houses went airborne after some strong winds lifted up the bounce houses at a soccer tournament. The incident took place at the Town of Oceanside (Long Island) New York at the United Soccer Club. Bounce houses can be susceptible to strong winds and thereby create a zone of danger when the bounce houses are not properly secured in place. When operating or renting a bounce house, it is important to read the weather forecast. Furthermore, it is also important to monitor the weather forecast and weather reports during the time that the bounce house is in place. While bounce houses are typically fun for children, safety is a priority at all times. It was reported that 13 people were injured as a result of this bounce house incident. See 13 Injured WHen Bounce Houses Go Airborne in New York.

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By Benjamin Klopman, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

home%20safety.jpgA new study confirms what common sense has known for a long time – that proper installation of appropriate safety devices can prevent child injuries at home. The study shows a clear link between babyproofing one’s home and a reduction in child injuries. The researchers at Cincinnati Children’s Hospital Medical Center looked at two groups of families with infants. One family had properly installed and maintained child safety devices in their home whereas the other family did not. The family that took the safety precautions had 70% fewer injuries requiring medical attention.

The study’s lead investigator, Dr. Kieran J. Phelan, said that parents may not have the time, training or resources to obtain and install the proper safety products. As such, The International Association for Child Safety (IAFCS) is encouraging parents to use the help of a professional babyproofer to help them choose and install the appropriate safety devices. The IAFCS is a worldwide network of child safety professionals and babyproofers that have helped parents to keep their home safe for over 15 years.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

State%20Map%20South%20Carolina.jpg

A tragic and unexpected accident took place at a South Carolina rodeo. It was reported that a 12 year old girl (Lauren Mackenzie Mathias) died as a result of injuries that she sustained when a horse fell on the girl. The incident took place near the arena at the South Carolina High School Rodeo Association. The incident was wholly unexpected in that the horse involved in the incident was well trained horse that was classified as “dead broke”. At rodeos, there are safety precautions that should be in place for the protection of the participants and the spectators. Of course, some incidents take place that are not foreseeable and therefore could not have been prevented even with due care and planning. The 12 year old girl died as a result of head trauma. Her tragic death will certainly be a great loss for her family, community, church, school, and friends. See 12-Year-Old Girls Dies When Horse Falls at South Carolina Rodeo.

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