Child Injury Lawyer Blog

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

Black Friday is traditionally the busiest shopping day of the year at Florida retail stores as well as stores around the country. Stores try to get a jump on the holiday / Christmas shopping season by offering good deals for Black Friday only. Customers respond by lining up at some stores early in the morning. I mildly participated in a Black Friday a few years ago and picked up a few DVDs that were well priced. I was on vacation at the time and was staying in a hotel right next to Target. Unlike my trip to Target which was quite calm and not that crowded, a crowd, intent on grabbing up some Wal Mart deals, caused the death of a Valley Stream (Nassau County) Wal-Mart employee. Despite Wal Mart security and local police, customers could not contain themselves and charged into the store at opening time. It appears that Wal Mart may have dropped the ball in the area of safety precautions and crowd control. Furthermore, the shoppers involved into the pushing and shoving could also share some of the criminal and / or civil liability for the Wal Mart workers wrongful death. You can read more about this story at Holiday Shopping Rush in New York Causes Wal Mart Employee's Death.

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

Safety measures are vital when firearms are used while hunting. This is especially true when homes and children are in the area of the hunting activity. It it very important to take precautions while hunting or handling a firearm in any situation to prevent serious bodily injury and wrongful death to adults and children. In Swan Lake, New York, Charly Skala, a 16 month old toddler, died from gun shot wounds accidentally inflicted by Edward Taibi, a deer hunter. The horrible tragedy unfolded in the kitchen of her grandparents' mobile home. The family had gathered together to watch a football game. Charly was taken to Catskill Regional Medical Center in Harris, New York and then airlifted to Westchester Medical Center in Valhalla, New York where she died from the gunshot injuries. New reports did not indicate whether Taibi broke any local hunting laws;nevertheless, a hunter should be aware of his or her surroundings and make sure that no people are at risk when discharging a fire arm. This is especially true when there are homes in the area. Apparently, Taibi was friends with the property owner and had hunted on the property before. For more about this tragic incident, you can go to Swan Lake, New York Toddler Dies from Hunting Shooting - Hunter Charges and Arrested.

By Thomas J. Duff and David Wolf, Attorney
Published by Child Injury Lawyer Network

KCCI Des Moines Iowa TV Station did an excellent study and program on distracted drivers. Distracted driving can result from common everyday activities that do not exactly combine well with the physical and mental requirements of operating a motor vehicle. While driving, many people eat, sing, talk, read, check e mail, text, and multi-task. Motor vehicles in many states are referred to as "dangerous instrumentalities" since a minor mistake or a second or two of inattention can lead to serious adult and child injuries and, in some instance, death.

Mobile phones are certainly great and valuable tools. Then again, mobile phones can also distract drivers who are deeply involved in a telephone conversation. Drivers should keep their eyes on the road. If you drop something or feel you need to search for something in your vehicle, wait until the next stop or hat leads the mind to wander away from the primary task at hand - safety operating a motor vehicle, car, truck, and motorcycle. You can see the news report / story by going to the KCCI Web Site at
Distracted Driving in Iowa.

Texting is a real problem these days. Some bus driver, train engineers / operators, and car drivers like their i phones, Black Berry devices, and other mobile devices so much that they text while driving. This act and others can be very dangerous especially for children who passengers or pedestrians who often times become innocent victims from the careless acts of distracted drivers.

The roads will be much safer when people make a conscientious effort to reduce the incidents of distracted driving. Pay attention for the sake of other adults and children on or near the roadways.

By Thomas J. Duff and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Iowa Department of Human Resources publishes a very important guide for Mandatory Reporters to report child abuse to this agency. A Mandatory Reporter is defined as a person who, under Iowa Law, has a legal obligation to report child abuse. Mandatory Reporters include teachers, physicians, day care owners / employees, and others. You can review the Iowa Mandatory Reporters of Child Abuse for more information and details.

Whether a serious child injury or death is reported to Iowa state officials or not, the family of the injured child can retain a private attorney to represent the interests and rights of the child. It is important to give the child a voice to enforce / promote the rights of the child especially when an innocent child is harmed by the intentional or negligent conduct of another person.

The Iowa Code pursuant to Section 232.68 outlines eight types or categories of child abuse as follows: physical abuse, mental injury, child prostitution, presence of illegal drugs, denial of critical care, manufacturing or possession of a dangerous substance, and bestiality in the presence of a child.

Any kind of child abuse or mistreatment is unacceptable. Teachers, day care and child care personnel, family members, friends, neighbors, coaches, doctors, and others have a obligation to refrain from intentionally or accidentally / negligently harming a child in Iowa. Proper supervision, care, and, yes, common sense are vital to the health, safety and well being of children in Iowa.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Lee Phillips, a 16 year old, died recently when he was hit by a train in Cramerton, North Carolina. The conductor of the train saw Joshua and blew the warning horn. Unfortunately, Joshua did not hear the warning horn as he was listening to his MP 3 player. It appears that Joshua was listening to his MP 3 player too loudly at the time of the tragedy. Joshua was walking home from South Point High School in Cramerton, North Carolina when the incident took place.

This incident is certainly a tragedy that should be using an important life lesson for parents and children alike. The same thing could have happened in a neighborhood or near a convenience store or grocery store. Children and adults alike need to pay attention to where they are walking especially when there are vehicles, trains, boats, or whatever else around. Part of paying attention is being able to hear and react to any warning signs whether it is a horn, someone shouting, screeching tires, or anything else. Of course, drivers need to pay close attention and slow their vehicles anytime there are children around. Far too many child injuries and wrongful deaths result from careless driving, speeding, and inattention.

The Joshua Lee Phillips incident was reported by the Associated Press at North Carolina High School Student Hit by Train.

By Jeremy Vishno, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Thousands of children are abused and neglected every year in the State of Connecticut. The United States Department of Health and Human Services, Administration on Children, Youth and Families, Children's Bureau reported that 13,285 incidents of child abuse took place in 2004. You can read more about these statistics and more at Connecticut Child Abuse and Neglect - Solutions to Save Lives and Prevent Crimes This figure represents the official number of incidents. Child abuse experts suggest that the actual number of abused and neglected children may actually be 3 times higher than this figure.

Tragically, children are abused and neglected in and outside of the home. The abuse and neglect can be physical and / or psychological in nature. Day care centers and child care centers are often times overloaded with children and lack competent and caring staff members to handle the special needs of young children. Many toddlers and infants cannot use their voices to report abuse and neglect and are often the silent victims of unreported or unseen incidents of abuse and neglect. It is important for families, extended families, teachers, friends, and others in contact with children to be aware of unexplained injuries, fractures, lacerations, eye injuries, facial injuries, bruises, and welts that appear to be suspicious in nature. Children, whether they are under the care of a parent, neighbor, friend, family member, or day care / child care center, are entitled to be cared for in a safe and decent living environment. If there is a suspicion of abuse or neglect, the Connecticut Department of Children and Families should be contacted. In addition, it may be helpful to consult with a Connecticut child injury attorney to discuss your the rights of the abused and neglected Connecticut child.

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

The State of Oklahoma recorded 832 train related personal injuries during the years from 2000 to 20007. Tulsa County, Oklahoma led all Oklahoma counties with 14 personal injuries per year. Most injuries (including those to children) are minor which include bruises and sprains. However, some injuries were devastating and even resulted in deaths of adults and children. Some injuries involved crushing type of injuries and there were 17 reported amputation type of injuries. Almost 150 railroad related deaths occurred in Oklahoma alone during this time period.

Over 60 percent of Oklahoma's train-vehicle accidents took place at crossings where there no gates or flashing lights. Safety experts argue that fatalities and injuries can be significantly reduced with better markings, lighting and technology. Of course, the railroad industry argues that the cause of many injuries and death were attributed to negligence and carelessness of the automobile drivers. You can read more about Railroad / Train Related Deaths and Injuries at Tulsa County Oklahoma - Leader in Train Derailments in Injuries.

Federal, state and local Oklahoma officials typically investigate most incidents of serious injury and death. In many cases it is helpful to have the advice and guidance of an experienced Oklahoma personal injury attorney who work with private investigators, engineers, and safety experts. A train / railroad related serious injury or death can be quite devastating to the victims and their families. It is unfortunate when these type of injuries and deaths take place when safety measures, due care, and attention could have avoided the incident.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Maine Child Death and Serious Injury Review Panel was established by Maine State Statutes to study the causes and incidents of serious injuries and child deaths in the State of Maine. The Panel reviewed 45 deaths deaths and serious injuries that took place between 1998 and 2003. The Panel is mandated by Maine Statutes. The Panel has a very small staff and has many cases to review. When there is a child death or serious injury in Maine, a personal injury attorney and law firm can also help investigate the cause and manner of death or serious personal injury. Many children in Maine and the New England area are the unfortunate victims of serious injury or death from automobile accidents, pedestrian accidents, bicycle accidents, bus accidents, drownings, head traumas, accident and intentional shootings, and abuse / neglect.

According to the study by the Maine Panel, the most common causes of death were caused by head trauma and asphyxia. The study concluded that both professionals and residents in Maine alike missed signs and symptoms of child abuse and neglect. The study also noted that some psychological testing of parenting skills and abilities were of poor quality. Maine families were noted to be aware of the issues and dangers of gun ownership, but the panel still stressed the importance of gun safety. The 66 page study on deaths and injuries to Maine children can be accessed online at Report of Maine Child Death and Serious Injury Review Panel. You can read more about the mission, purpose, goals and staff of the Maine Child Death and Serious Injury Review Panel at State Spotlight - Maine - Child Death and Serious Injury Review Panels.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A near drowning incident of a 2 year old (Jessica Wheat) in an apartment complex pool in Lake Charles, Louisiana shows the importance of safety precautions and measures for swimming pools that can be accessed by children. There was a four foot fence around the pool at the Wilshire Apartments which was undergoing renovation. In fact, the pool had been closed for about 1 year. Unfortunately, someone had removed some of the fence near the locked gate. This, in turn, had given access to Jessica to get into the pool.

The reason for proper barriers, fences, and safety measures is to protect children from serious personal injuries and wrongful death. It is well known that children will wander. Children are curious and think of pools and other areas as places of adventure rather than places of danger. These attractive nuisances need to be safeguarded to prevent tragedies like the Jessica Wheat incident from taking place. You can read more about the Jennifer Wheat incident at Near Drowning at Lake Charles, Louisiana Apartment Complex. The near drowning incident put Jennifer Wheat in critical condition and into the Memorial Hospital.

The Center for Disease Control and Prevention reports that between 300 and 350 children drown every year in swimming pools. Most of the incidents took place while the child was being supervised by a parent. Furthermore, the drowning incidents typically involved inattention by the supervising parent or adult for five minutes or less.

Because of the shear danger of drownings and swimming pools, it is vital for Louisiana parents, caregivers, and adults responsible for the supervision of children to be diligent at all times for the safety, protection, and welfare of children. Children die every year in public pools, neighbor's and friend's pools and, yes, at home. You can read about a tragic death that took place in Houma, Louisiana at Grieving Louisiana Family Aims to Get Swimming Pool Law in Effect.

Whether there is a law in your State requiring a barrier or fence or not, all pool owners including homeowners, hotels, motels, and resorts should take reasonable precautions to prevent drowning deaths and serious injuries to children.

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

The R.M.S. Titanic sunk in 1912. Many people lost their lives because of inadequate safety measures on the ship. Another Titanic had problems in October 2008. This Titanic was an inflatable slide that was set up at a birthday party in Wisconsin. Apparently, the inflatable slide tipped over and dumped some of the children on the sidewalk and street. The incident raises question over the adequacy of the anchoring as well as the capacity of the slide for the number of children who were on the slide at the time that the slide toppled over. Supervision, placement, and anchoring are vital to prevent from inflatable slides and bounce houses.

An employee of the rental company was also injured. Two employees were at the party to monitor the inflatable slide. The reported injuries were minor but could have been more severely especially if a car was passing by at the time of the incident. This was a birthday party turned into a nightmare for the parents. Imagine seeing your child topple from a high and large slide onto concrete. You can read more about this incident at Titanic Inflatable Slide Tips Over and Dumps Children onto Street.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Florida Bureau of Fair Rides Inspection requires Florida's major theme park owners like Disney World, Sea World, and Universal Studios located in Orlando, FLorida to file occurrence reports with the Bureau every quarter. It is a rather loose standard as to what is serious and what should be reported. Most generally consider an overnight hospitalization as a serious condition or injury. Many of the incidents due involve illness or injuries to children. I visited EPCOT a few years back and saw two people on one ride - Mission Space - get ill on the ride. One person threw up and my friend got sick from a combination of the ride and the vomit from the other guest. My friend did not need medical care but the other person did get First Aid. Others have had heart failure after being on this ride. While the large theme park company have engineers and maintenance crews attending to the rides and the parks in general, injuries frequently occur at theme parks as a result of negligence, inattention, and improper or inadequate repairs and maintenance by theme park employees. You can research a data base of injuries at Florida's theme parks by going to Search: Theme park attractions injury, illness and death reports. I suspect that the database is less than complete due to the self reporting nature of the incidents at the major theme parks in Florida.