Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado Springs and other cities, child pedestrians are at risk in parking lots and roadways. A driver can never know for sure when a child is in a parking lot or attempting to cross a street. As such, drivers should be on alert and drive with care at all times. Of course, school zones, parks, and playgrounds are common areas where one would see a child pedestrian. We all also know that children are in all other areas as well. Drive with due care.

In Colorado Springs, Colorado, two toddlers in separate incidents suffered serious personal injuries. One was hit by a car near a car wash when the child wandered away from his father. Another was hit by a car while attempting to cross the street. For more details about these incidents, see Two Colorado Kids Hit by a Vehicle in Separate Incidents in Colorado Springs.

Any time that a child is injured - it is traumatic for the child, the family, and the driver as well. It is especially unfortunate when a child is injured and the incident could have been avoided with better driving and attention. Of course, some accidents are completely unexpected and unavoidable. If you have a question about an automobile accident involving an injured child pedestrian, get legal advice from a Child Injury Lawyer so that you can better understand the legal process, insurance claims process, and the rights of the injured child pedestrian.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Staffers at the Hennepin County Medical Center are concerned with the high rate of children falling through windows this summer. In this year alone, HCMC has treat 14 different pediatric patients after they have fallen from windows. These patients ranged from 17-months-old to 7-years-old. This number is double from 2009, where HCMC treated 7 pediatric patients who suffered injuries from window falls.

Minnesota has issued a new law that affects the construction of windows in new homes and buildings. However, this new law will do little for existing homes and buildings. If you would like to read more on this story see Windows present dangers for children.

Below are some Window Prevention Tips:
1. Use window guards or window stops.
2. Install window guards to prevent children from falling out of windows. (If you live on the 6th floor or lower, install a window guard that can be easily opened by both adults and children)
3. Install window stops to prevent windows from opening more than 4 inches.
4. Never depend on window screens to prevent your child from falling out of a window.
5. Whenever possible, open windows from the top - not the bottom.
6. Keep furniture (and other "launching pads") away from widows to keep children from crawling and climbing around windows.
7. Some jurisdictions require landlords to install guards. Check the laws in your local jurisdiction.

If you would like to read more articles about children falling from windows see Marysville, Washington Boy Suffers Injuries Falling From Window.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Vicksburg High School's head football coach, Tom Marchese believes that concussions are more serious than most people think, especially because concussions have long-term effects. Marchese may be on to something. New studies reveal that repeated concussions may cause permanent brain damage that eventually shows up with symptoms such as depression, chronic headaches, early-onset dementia, and/or adult-onset attention-deficit hyperactivity disorder.

Because of the seriousness of concussions and in attempt to protect it teens and younger child athletes, the Michigan High School Athletic Association (MHSAA) is making "one of the biggest rule changes ever." Starting this fall, athletes in any sport who show signs of a concussion during a game must be pulled from play and evaluated by a doctor. If a doctor is not immediately available or the doctor has concluded that the athlete did sustain a concussion, the athlete will have to sit out for the rest of the game. And, in either case, the student athlete will not be able to return to play until the athlete gets a doctor's written permission to resume play. If you would like to read more about this story see MHSAA sets stricter rules for athletes with concussions.

Teenagers and younger children are especially vulnerable physically. Therefore, concussions can have more dramatic effects upon these younger individuals than adults. It is a good start that MHSAA is taking these extra precautions and protecting student athletes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Scientists, who have conduct recent research, funded in part by the NFL, say they have found evidence that connects head injuries in athletes to a condition that mimics Lou Gehrig's disease.

Dr. Ann McKee said she found toxic the spinal chords of three athletes who had suffered head injuries. These athletes were also later diagnosed with Lou Gehrig's disease, or ALS. These same types of proteins were found in the brains of athletes with chronic traumatic encephalopathy (CTE).

McKee is a neurology professor at Boston University who has studied CTE in athletes. From her studies, McKee noticed an unusually high number of football players seemed to be affected by ALS. ALS attacks nerve cells in the spinal cord and brain and destroys the ability to move and speak.

The findings of McKee's research suggest that the motor neuron disease that affected the three studied athletes is similar to, but not exactly the same as, ALS. McKee and her colleagues are calling this "new disease" chronic traumatic encephalomyopathy (CTEM). It is suggested CTEM is "likely caused" by repetitive head trauma, especially those athletes are exposed to in contact sports. If you would like to read more on this topic please see New study suggests sports-related brain injuries may be linked to a disease similar to ALS.

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

Child safety advocates are urging for lower teacher-child ratios in the classroom. Under the current state standard, Texas permits 2 caregivers to watch 22, 2-year-olds or 30, 3-year-olds. However, the child advocates are urging for two caregivers to watch 18, 2-year-olds, or 28, 3-year-olds.

Melanie Rubin, with the Texas Association for Mental Health, says the lower ratios are for the child's protection. However, the state Department of Family and Protective Services are hearing the critics of the proposed change. Some say it could force the price of day care to increase and others fear that families will abandon licensed day care in favor of a baby sitter or leaving their child with an older sibling.

Having a low teacher-student ratio does have some serious consequences. For example, Shavon Ransom, a preschool teacher at the Bock Child Development Center in Oak Cliff, said she has had to work in conditions where she was the sole supervisor for 17 children - a very chaotic and challenging learning environment. Ransom claimed that in these unfortunate scenarios, in order to calm the children down she would resort to sitting them in front of the television or in the arcade. A method she does not support. If you would like to read more on this story please see Texas child safety advocates urge for higher teacher-student ratios.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The incident that resulting in a a 2-and-a-half-year-old girl being left behind in a Wisconsin Park has an Appleton, Wisconsin day care center reviewing their policies. The girl was left behind at the park for about 30 minutes.

The incident happened on August 5 and, according to the police report, the day care left the park at about 12:10 p.m. Police officers arrived after the park after they were contacted by other concerned mothers who noticed the girl was unattended.

Although the girl was unhurt, Karen Olson, director of the day care center, Creative Child Learning, is still devastated by the incident and claims it is just unclear how the girl was left behind. Olson says staffers repeatedly counted the children, but the child was somehow forgotten. Creative Learning received a separate state order in the spring requiring closer supervision of children. This order was the result after a child got too close to a hot iron during an art activity. If you would like to read more on this story please see 2 1/2-year-old girl left behind at Wisconsin park by day care center.

Luckily, this girl was uninjured. Day care centers have an obligation to care for the children in their custody. While on field trips, day care employees can employ easy methods to check on their children such as the buddy system. Always keeping a watchful eye will tremendously reduce the risk of leaving a child behind while on field trips.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Ten million drop-side cribs have been recalled since 2007 - including 2 million in June alone. The Consumer Product Safety Commission has formed new safety standards that will ban the sale of drop-side cribs and prohibit their use in day cares and hotels hopefully by December 2011.

The CPSC was probably urged to publish the new crib rules two years ahead of the congressional mandate because of cases like Bobby Cirigliano. Bobby was 6-months-old when the side rail of his drop-side crib came loose, trapping Bobby between the mattress and the rail and effectively suffocating him.

Drop-side cribs have movable sides that make it easier to get children in-and-out of the crib and have been around since the 1970s. However, over the decades, the cribs have proved to be dangerous - even deadly. In 2000 alone, at least 32 children died because they were trapped by drop-side cribs.

The larger issue, according to Alan Schoem, a former director of CPSC's Office of Compliance, is one manufacturer's must face. It is a manufacturer's duty to so that reasonably foreseeable use or misuse does not result in injury or death. A duty, that if not followed, is punishable. In fact, under CPSC rules, crib-makers could face civil or even criminal penalties for failing to factor use or misuse into a crib's design or not reporting incidents to the CPSC. If you would like to read more on this story and see a chart of the units recalled from major suppliers see Dangers of drop-side cribs may be banned by December.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Although corporal punishment and spanking of children is banned in 24 countries, it is a common practice all over world, revealed three studies by UNC researchers. Spanking children has decline since 1975, however, it is still common practice, 80%, for preschool children.
Below is a summary of the findings revealed by the one of three studies conducted by Desmond Runyan, professor of social medicine at UNC:
- Mothers with fewer years of education more commonly used physical punishment.
- Harsh punishment of children by parents is not less common in countries other than the U.S. However, it may be more common in low and middle income countries.

Adam J. Zolotor, assistant professor of family medicine and UNC School of Medicine, led the other two studies. A summary of the results are listed below:
- Zolotor's first study tracked corporal punishment trends for 3-to-11-year-old children in the U.S. as demonstrated by four separate surveys conducted in 1975, 1985, 1995 and 2002. Although there was a decrease in the number of children slapped (18%) in 2002 from 1975, about 79% of preschool-aged children are spanked.

Zolotor states that given the weight of the evidence of his studies, corporal punishment does more harm than good. Therefore, it is important for parents, guardians, day care providers, caretakers, babysitters, etc. to educate themselves on the consequences of corporal punishment. There is a fine line between disciplining a child and inflicting physical abuse upon a child, the latter never being okay. If you would like to read more on this topic and see more findings of the conducted studies see Studies on Corporal Punishment upon children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Littleton, Colorado and other cities, the new school year has begun. For most children, the first days and weeks of school are filled with fun new learning adventures, seeing friends, and making new ones. Unfortunately, the new school year has greeted some children with injuries, abuse, and neglect at the hands of child care and day care providers. In Littleton, Colorado, a child care worker showed poor judgment by duct taping a boy's hands to his head. This bad judgment in child care resulted in the day care worker's arrest by the Douglas County Sheriff's Office. Matthew James McGregor, age 21, was employed for Roxborough Roxstars, a program run for before and after school care for the Douglas County School District.

The Douglas County School District touts itself as providing quality care for children during, before, and after school. The Sheriff's Office reported that the incident may not have been intended as punishment but just horseplay between the substitute teacher and the student.

Teachers, substitute teachers, day care providers, and child care workers need to provide children with a safe haven during the school day and during before and after school programs. You can read more about this story at Colorado Teacher Arrested for Duct Taping a Student in Douglas County School Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Benjamin Janicki, a 19-year-old boy, was a summer hire as a day care aide at Park Hill United Methodist Children's Center. According to Denver's district attorney office, Janicki was arrested and faces at least felony counts of sexual abuse on three preschoolers. Janicki also faces three additional counts of sexual assault on a child by a person in a position of trust, also felonies. Parents were told that the victims were between the ages of 3 and 4-years and that there could be more.

Janicki had no previous arrests according to public records and is being held in a Denver detention center on $650,000 bail. He is entitled to a criminal defense attorney and a trial.

Janicki's case has forced the day care center to close while the state's Department of Human Services investigates "serious and significant supervision issues." If you would like to read more on this story see 19-year-old faces three counts of sexual abuse upon minors at a day care.

Day care workers are selected by the parents and/or guardians of children. A significant amount of trust is placed in day care providers and workers to care for and nurture another's child while the parents and guardians are at work, ensuring financial stability for the child. Any person who would abuse this trust is depraved and immoral. If you suspect someone is a victim of abuse, report the incident to local authorities immediately so an investigation can be prompted as soon as possible.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

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

City officials stated the director of a Weslaco, Texas day care center was arraigned recently on a charge of injury to a child in connection to an alleged attack upon a 4-year-old boy. Yolanda Rodriguez, 55, the administrator of Happy Days Learning, allegedly assaulted the child for misbehaving. According to police, the boy had bruises on his arms, back and back of his neck.

Rodriguez was formally charged with a third-degree felony. Her bond was set at $10,000. If convicted, Rodriguez could face up to 10 years in prison and a find up to $10,000. Rodriguez is entitled to a criminal defense attorney and a trial. If you would like to read more about this story see director of day care facility in Texas formally child with causing child injury.

Although children need to have forms of discipline in their lives, there is a line between discipline and abuse. Hitting, grabbing, throwing or otherwise handling a child to the point of bruising should never be condoned. Children have fragile bodies as well as emotions and physical actions against children similar to this one can result in a lifetime of negative consequences to the child victim.