Child Injury Lawyer Blog

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

In Texas and other States, trampolines are often seen in most communities. For the most part, trampolines are a source of fun, entertainment and exercise for adults and children alike. Unfortunately, many children are injured every year due to trampoline accidents and injuries. Some incidents are avoidable with safety precautions and adult supervision while others are not. While trampolines are quite common, they should still be considered dangerous when used in an unsafe manner and / or when the trampoline is not properly maintained or equipped. Often times, a child injury lawyer can help the injured child and the family pursue damages for medical bills, pain, and suffering when there is a trampoline personal injury.

Here are some safety tips to keep in mind:

1. Parental Supervision. Some parents prefer that a child refrain from using a trampoline. Each parent has his or her different thoughts and philosophies on parenting and safety. Because of this, it is important to get the permission of the parent before allowing a child to use a trampoline.

2. Inspection of the Trampoline. Make sure that the trampoline is properly maintained and in good repair. Also, make sure that there are not items or objects in or around the trampoline that could cause injury.

3. Safety Precautions. It is helpful to have a net around the trampoline to help prevent falls off the trampoline. The barrier comes with many trampolines or can be added to an existing trampoline.

4. Supervision. The maxim - "Kids will be kids" - applies to trampolines and other recreational activities. Children are best served with adult supervision to make sure that the children follow the rules and play safely. What may seem like an innocent or harmless wrestling match or move can lead to serious personal injuries.

5. Age and Occupancy of the Trampoline. Make sure that the number of children on the trampoline does not exceed manufacturer recommendations. Furthermore, the age and size of the children should be considered when using the trampoline. A couple of rowdy teenagers should not be on the trampoline with a four year old.

Following the above safety measures and using common sense can go a long way to preventing personal injuries from taking place when using a trampoline.

It was recently reported in Vidor, Texas, a 12 year old boy (Everett Williams) was injured when he fell off of a trampoline. He was taken by air transport (medical helicopter) for treatment and evaluation at Christus Hospital Elizabeth - Beaumont, Texas. It was reported that the boy fell off of the trampoline and that there was no protective net in place. See Vidor Texas Boy Injured in Trampoline Accident.

It can be quite a challenge for a child when there is a serious personal injury. The challenge also extends to the parents and caregivers. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance, Sports Related Injuries, Damages / Compensation, Medical Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children just love playing with games and toys. Unfortunate, the very games and toys that bring hours of enjoyment to a child can also cause serious personal injuries and, in some cases, the untimely death of a child. When a child suffers an injury due to an unsafe product and / or improper supervision of the child, it is often helpful to contact a Child Injury Attorney for consultation and representation regarding the matter. A Child Injury Attorney can advise a parent as to the legal rights of the injured child and the rights to compensation for the injuries sustained by the child.

For younger children, there is a serious risks of choking on parts of a toy or game. Children are curious and lack good judgment. Often times, a child will put a piece of a toy or game in his or her mouth without giving much thought to the risks involved. Some games or toys are manufactured with small parts or pieces. Other games and toys can be damages or broken that result in small parts or pieces being available to the child. Toy safety and supervision are important in the home, the homes of relatives, friends, and neighbors, schools, day care centers, and other locations. Here are some safety tips to keep in mind to prevent or reduce the incidents of choking on toys:

1. Age Recommendations. Most toys are labeled with age recommendations. It is important to read the instructions and packages for toys. The age recommendations are there for a reason. While these age recommendations are far from perfect, they can serve as a guide to make a decision as to the use of a toy or game for a certain child and age group. If the packaging has been lost or discarded, search for the toy or game on the Internet. You can also contact the manufacturer or visit a store for more information regarding the toy or game.

2. Toy Maintenance and Inspection. Toys and games should be frequently inspected and cleaned. While a toy may be safe when purchased, it can become broken or worn over time and present dangers to a child.

3. Supervision. No matter the labeling or inspection of a toy, nothing can replace the importance of supervision of children when playing with toys and games. Children should use the toys and games as instructed. Often times, a child will misuse a toy or game without recognizing the dangers associated with the same.

4. Storage of Games and Toys. Since it is impossible or impractical to provide 24 / 7 of children in most instances, it is important to safely and securely store toys when supervision is not provided or available. Keep all toys with small pieces out of the reach of toddlers and infants who have a habit or risks for putting these pieces in their mouths.

5. Set Rules and Limitations for Play. Children should be instructed as to proper use and timing of play. By setting Rules and Limitations in place, many personal injuries can be reduced. There should be a time and place for toy and game play. Furthermore, toys should be removed from the floor and areas should be organized and cleaned to prevent injuries to the children and others.

6. Remove Unsafe Toys and Games. The Consumer Product Safety Commission periodically recalls toys and games that are determined to be unsafe for children. Parents and child care providers should visit the website for The Consumer Product Safety Commission to find out about these toy and game recalls.

See also Choking Risks to Children from Toys and Games.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, School Injuries, Homeowner's Insurance, Day Care Center Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

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

Important questions that every parent of a child in a day care center should ask are as follows:

Who is running my child's day care center?

What are the risks to my child?

These are basic but important questions for a parent to ask and get the information. Most day care providers are responsible adults who truly care about the safety, education, and welfare of children. Unfortunately, there are others who see a day care center as only a business center. Worse than that, some day care operators use the venue of a day care center to abuse, neglect, and / or assault children under their care.

Certainly, a parent cannot prevent or anticipate all abuse, neglect, or assault related incidents that take place at a day care center. When such acts are discovered, it is important for a parent to take action by reporting the incident to law enforcement, social service, and to a child injury lawyer. Hopefully, these acts will prevent other incidents in the future at the day care center.

If a person has no prior criminal history of assault or abuse, there probably will not be any public records to clue a parent in as to the dangers of a particular person. Furthermore, if a day care center provider has never been caught committing bad acts, the dangerous or abusive propensities of the day care center owner or provider may be unknown or undiscovered. Nevertheless, it is important for a parent to do his or her due diligence to find out what he or she can about the people owning or operating a day care center.

Once a child is enrolled in a day care center, it is important for the parent to frequently visit and, yes, inspect the day care center. Also, a parent should speak to his or her child to find out about the activities and interaction at the day care center with other children and the child care providers. If there are any signs of suspicious activity, immediate action should be taken.

It was reported in San Antonio Texas that a day care center owner was criminal charged with sexually molesting a boy under his care. Bradley Bendele was arrested for multiple incidents of child sexual abuse at a Texas day care center owned and operated by Bendele and his wife. If the allegations are confirmed, it is most unfortunate and tragic that a boy was abused by a person who was responsible for his care, supervision and well being. Mr. Bendele will be entitled to legal representation by a Texas criminal defense attorney or the public defender's office. See Sexual Assault Reported at Texas Day Care Center.

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

In California and other States, parties for children are frequently hosted at a home. What are the duties of a homeowner when hosting a party for children? While a homeowner is not responsible for every single injury that takes place regardless of cause, a homeowner, who hosts a party, has a duty to provide a reasonably safe environment for children and other guests at the party. When hosting a party, there are risks of injury to children and guests. The risks are increased when there is alcohol or even drugs being used at or prior to the party. The risks are also increased when the number of guests or people at the party exceeds a number of what would be safe or manageable for the party being hosted. A party host may be legally liable for personal injuries suffered by a child or guests depending the facts and circumstances of the injury and the applicable State law. It is often helpful to consult with a Personal Injury Attorney to find out the rights and remedies available to an injury victim including those injury victims who are children.

There are three things that can be done to prevent or reduce the incidents of injury that take place at a party at a home:

1. Planning. Planning can go a long way to making a party safer for the guests. Limit the number of guests and invitations that go out to invitees. Set limits as to who can attend and additional guests that can be brought by those on the set invitiation list. Make sure that you have enough space for the guests. Make sure that there is enough food and drinks for the guests. If alcohol is being provided or allowed, make sure that there is monitoring of the legal aged adults and that underaged guests are not permitted to drink.

2. Supervision. There should be adults designated to supervise the party especially if there is any alcohol served or allowed at the party. Make sure that the party area is periodically inspected and cleaned to prevent guests from tripping and falling at the party. Provide adult supervision for any and all children at the party so that the children are watched and kept safe.

3. Limitations. Many injuries result when a party gets out of control as to the number of guests, drinking, or other activities at the party. Keeping control of the party and setting limits can prevent many incidents from taking place. The hosts and other responsible adults should not tolerate any misconduct. If there are problems at a party, address them as soon as possible. Otherwise, a party can get out of control and lead to serious personal injuries and even deaths in some instances.

In Antioch, California, it was reported that a Sweet 16 Party was the site of gunfire and the injuries of 6 people at the party. It was reported that the injury victims ranged in age from 13 to 21. Police responded to the scene of the accident. Apparently, several of the guests or people at the party had weapons. An argument lead to the discharge of the guns and the personal injuries. There were about 40 people in a garage at the time of the incident. It is unfortunate that an event to celebrate a girl's Sweet Sixteen birthday party lead to these personal injuries. This incident shows the added danger of guns and weapons when brought to a party. See Gunfire at Sweet 16 Party in California.

As stated above, not all injuries are avoidable or preventable; however, a party host should take his or her best efforts to plan for a party, supervise the guests, and set limitations for the party and the guests.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Tragedy can take place in a matter of seconds . . . . This is especially true with children in day care centers. When children are arriving or departing the school in car pool, pick up, or drop off areas, children are at risk for personal injuries. Unfortunately, some children suffer serious personal injuries and even die at or near day care center during pick up or drop off time periods. It was reported in Omaha, Nebraska that a 2 year old child - Maximiliano Delgado-Morales was hit by a truck when he ran into traffic. Max was a enrolled in the Next Generation Child Care and Pre-School. For more information, see Child Hit Outside of Omaha Nebraska Day Care Center.

Parents, who have children enrolled in a day care center, should ask for a copy of the policies and procedures for pick up and drop off. While not all incidents or accidents can be avoided, having clear policies and procedures in place can help prevent many incidents from taking place. A parent can also recommend or suggest improvements or changes to policies or procedures if it appears that there is a better way to keep children safe during drop off / pick up times.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Day Care Center Injuries, Medical Care / Medical Treatment, School Injuries, and other topics. When a child suffers a personal injury, there are often many questions and issues faced by a parent. The book has information that can help guide a parent through some of these matters. A free book can be obtained at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina and other states, parents rely on babysitters,schools, and day care centers to supervise their children when parents are working or otherwise unable to be with their children. In most instances, the babysitter is diligent and conscientious. The children are well cared for and they are kept safe and free from dangers. Unfortunately, at times, children are put at risk for serious personal injuries or medical complications when a babysitter uses poor judgment or tries to take short cuts when babysitting or supervising children. In Horry County, South Carolina, it was reported that a babysitter gave a 4 year old Xanax. The child was given this medication in an attempt to ge the child to nap / sleep on New Year's Eve.

The child was seriously affected by the medication and the mother drove home to intervene. Thereafter, the child was taken to Seacoast Medical Center for evaluation, care, and treatment. The babysitter was later arrested for unlawful neglect of a child. Blood work at the hospital detected the Xanax in the child's blood stream. It does not appear that the child suffered any permanent injuries from the ingestion of the medication; however, the dangers and risks were there. For more information, see Babysitter Admits to Giving Child Xanax.

Medications should never be given to a child without a proper medication or without a medical reason for giving the child th medicaton. When a child is supervised by a babysitter, day care center, school, or others, it is important to provide the child with a safe and clean environment. To the extent possible, medications, alcohol, chemicals, and poisons should be locked up and kept out of the reach the children and any unauthorized individuals.

The book titled -The ABCs of Chid Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insuance, Day Care Center Injuries, School Injuries, Medical Care / Medical treatment and other topics. If a child suffers an injury as a result of the negligence or fault of others, the book has information that a parent can use to determine how to handle the various issues or questions that arise with child injuries. A parent or other concerned person can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The death of a 1 year old (Zachary Taylor) was reported at Lincoln, Nebraska day care center. Since the cause and circumstances of the death were unknown and because the death involved such a young child, police and the local medical examiner will be investigating this matter. When child care providers found that Zachary was unresponsive in the day care center, CPR measures were taken to try to revive the child. Unfortunately, these efforts were not successful. For more information regarding this matter, see Police Investigating Death of One Year Old Child at Day Care Center.

In most States, the death of a child at a licensed day care center are governed by rules and regulations as to procedures and documentation. There are also procedures and documentation required as to staff to child ratios, indoor facilities, emergency procedures, attendance, and other matters at a day care center. Furthermore, many States have implemented policies and procedures for nap time at a day care center / child care center.

When an autopsy is performed, medical and scientific information are often times obtained that determine the cause of death, timing of death, mechanism of death, and preventability of death. Some deaths are unforeseeable and unpreventable and stem from an unknown or undiscovered medical problem or undiagnosed congenital problem. On the other hand, some deaths are preventable with better care and supervision. Each incident / case is different and must be evaluated on its own facts and circumstances. In some cases, it can be helpful to have a personal injury attorney / child injury lawyer investigate the case as well to determine and assess the legal issues and insurance issues that may apply to the case.

The book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Care / Medical Treatment, Automobile Accidents, and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Omaha, Nebraska, a family and community are now grieving the death of a 2 year old boy who was hit by a truck near the day care center (Next Generation Child Care) that he was attending. It was reported that Maximiliano Delgado-Morales was hit by a 1998 Chervolet pick up truck. The mother of Maximiliano arrived at the day care center to pick up her son. It was reported that Maximiliano ran into 36th Street and then was hit by the truck. For more information regarding this incident, see Toddler Hit by Truck Outside of Omaha Nebraska Day Care Center.

Drop off times and pick up times at or near a school or day care center can be quite busy and hectic. It is vital during these times that children are well supervised and that all reasonable precautions are taken to keep children away from moving cars in or near parking lots and adjacent roadways to the school or day care center. When a child is injured, a parent often times has questions as to insurance and legal liability for the bills, damages, and injuries. When these questions arise, it is often times helpful to discuss the matter with a Personal Injury Attorney / Child Injury Lawyer.

Following the accident, the boy was rushed to Creighton University Medical Center for medical care. Unfortunately, he did not survive the trauma and injuries resulting from this tragic Nebraska pedestrian accident.

A full investigation by local and / or state law enforcement officials will be conducted to determine the timing, cause, and preventability of this incident. The loss of a child is certainly an event that has a ripple effect in the family, school, neighborhood, church, and community. In other words, the loss of a young life is felt and grieved by many. When a child dies from a pedestrian or automobile accident, it certainly is unexpected and a shock for the family. At these tragic and trying times, it is important for the family of the child to have the support of family, friends, and neighbors.

At day care centers in Nebraska and other states, child suffer personal injuries. Some are preventable and some are not. It is important for parents to have a basic understanding of the legal rights of the injured child and seek legal advice when appropriate. The book titled - The ABCs of Child Injury - Legal RIghts of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, Automobile Accidents, and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, a tragic incident was reported involving a 4 year old child. While at a James Madison University (JMU) basketball game, a 4 year old child sustained a head injury after falling approximately 10 feet at the Convocation Center. The incident took place in the bleacher section of the center. Harrisonburg Fire Rescue as well as officials from the university responded to the scene to render aid and transportation to the child following the personal injury. For more information regarding this incident, see Child Sustained Head Injury While at JMU Basketball Game.

Unfortunately, at times, children are injured at arenas, convention center, stadiums, and other sporting events. Some of these injuries are preventable with better safety precautions and supervision while other incidents are no foreseeable and could not have been easily prevented. Either way, it is a tragic day when a child suffers a personal injury especially a serious one that can have life long effects on the child.

When a child suffers a head injury, it is important for parents, day care providers, teachers, coaches, and / or other responsible adults to assess the situation and get the child examined, evaluated, and treated as necessary for the head injury. Every year, many child suffer traumatic brain injuries (TBIs) due to automobile accidents, slip and falls, sports participation, and other causes.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medical Treatment, Damages / Compensation, Sports Related Injuries, and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Walkertown, North Carolina, a 6 year old boy (Mason Kenerly) fell 25 feet in a well. The incident took place in Forsyth County, North Carolina. Fortunately, the child was rescued from the well and was able to return home to his family. In many instances, the child is not so lucky to get rescued. For more information regarding this story - see North Carolina Boy - Age 6 - Rescued from Well After Falling 25 Feet.

Children are curious and seek adventures and explorations every chance that they get. Unfortunately, children often times suffer serious personal injuries when they are curious and lack the good judgment to stay out of danger. Because it is well known that children are curious and get into dangerous situations, day care providers, teachers, babysitters, parents, neighbors, and other responsible adults should use their best efforts to supervise children and monitor their activities. While it is impossible to prevent every single incident causing injury, supervision and safety precautions can help prevent the frequency and number of incidents leading to serious personal injuries to children.

In many States, there is a well known legal concept called "Attractive Nuisance" which means that children are lured to certain areas. These include pits, electrical equipment areas, ponds, lakes, and swimming pools. It is important that landowners use reasonable efforts to secure the area and put enclosures in place when feasible to keep children away from these potentially dangerous areas.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Water Parks and Swimming Pool Injuries and Drownings, Homeowner's Insurance and other topics. You can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney Published by Child Injury Lawyer Network

Scalding injuries continue to take place every year. These injuries can have a life time injuries - physically, emotionally and appearance - for a child. It is estimated that about one million Americans suffer burn related injuries on an annual basis. Over three thousand people die every year from burn related injuries. For children, it has been reported that the primary mechanism of a burn injury is from scalding water. Tragically, many of these children suffer significant personal injuries and some even die as a result of the injuries.

In some instances, the negligence or fault of a third party, school, day care center, or even a relative can form the basis of a legal claim or lawsuit for the injuries to the child. A Florida Personal Injury Lawyer can help advise the family of the rights of the injured child and what remedies are available under Florida law for the injuries.

Scalding water injuries can take place in a very quick manner. Hot water scalding injuries in some instances can cause injury after just one second of contact with the water. Injuries take place in the bathroom / bath tub / shower. In addition, many injuries take place in the kitchen from water boiling on a stove or hot food items coming out of an oven or a microwave.

It is vital that day care providers, school staff, parents, babysitters, and other child care providers use their best efforts to prevent burn related / scalding related injuries to children. Tragically, many scalding injuries are part of abusive punishment by a caregiver. Children are at significant risks for serious personal injuries when a caregiver uses scalding water as a form of punishment or discipline on a child. The tradition or past use of these technique of child rearing / punishment does not in any way justify its use. See Scald Injuries in the Pediatric Patient for More Information on this Topic.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Care / Medical Treatment and other topics. You can receive this book for free at The ABCs of Child Injury.

By Roy Dickinson, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Now that the holiday season is over - - - children will be busy playing with the toys, bikes, skateboards, and other items that they received in December. While these items can occupy the time of a child, entertain them, and help them be active - these items can also be the cause, in part, of injuries to children. As reported by Safe Kids USA, speed and small parts are included as the causes for toy related injuries. Emergency room visits take place due, in part, to accidents while a child is riding a tricycle, bicycle, or scooter. While the only way to avoid every single injury is to avoid these items and activities - this is not realistic or sensible; however, there are safety measures that a child can take under the guidance and supervision of a parent, babysitter, school, day care center, or other responsible adult. Training and instruction can go a long way to prevent injuries. Make sure that the child understands the mechanism of the toy or bike and that he has lots of practice before taking longer rides or riding faster. It has been reported that 150,000 children are seen in emergency rooms every year due to toy related injuries. Of these injuries, approximately 1/3 of the injuries resulted from riding toys like a tricycle or scooter. Between the years of 1990 to 2009, almost 200 children have died due to choking related injuries caused by small toy parts. For more information on this topic - See Causes of Injuries from Toys - Small Parts and Speed.

Child safety experts recommend that all children wear a helmet on any riding toy or device. Whether the riding toy is a slow one or a toy capable of higher speeds, a child should always wear a helmet for his or her protection. Furthermore, parents should know that a serious injury can just as easily occur close to home in the driveway as it can further away from the home. Concrete is concrete and when a child hits the ground without a helmet - serious head or brain injuries can and do happen. While a helmet will not reduce all injuries or incidents, it is one safety measure or item that should always be used.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medical Treatment, Damages / Compensation, Homeowner's Insurance, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.