Child Injury Lawyer Blog

By Stephanie Brown, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In an effort to deter sex offenders from further crimes and to monitor their computer activities, the State of Georgia passed a law that requires sex offenders to disclose their passwords for internet, e mails, and screen names to authorities. It is estimated that there are 16,000 registered sex offenders in the State of Georgia. Legislators, who approved the law, have taken the position that the law is for the protection of children. Opponents to the law state that it is a violation of the privacy rights of the sex offenders. We expect that the law will be challenged on privacy issues and will go before the Georgia appellate courts for review at some point in time in the future.

Laws that limits and monitor sex offenders may add some limited safeguard and protection for children. Of course, parental supervision of computer activities of their child is also vital for the child's protection. You can read more about the Georgia leglislation at
Georgia Sex Offenders Must Disclose Internet Passwords.

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

Matteo Hansen, an 18 month toddler, died as a result of injuries sustained at an apartment complex in Wilton, Maine. Further investigation by local police and the medical examiner's office indicate that the death was not caused by an accident but by homicide. As such, an arrest was recently made in this tragic case. Maine State Police report that David Cook, the 25 year old boyfriend of the mother, was arrested for the death of Matteo Hansen. The details of the autopsy and forensic evidence have not been released of yet. People in the community of Wilton, Maine are closely following this story as the death of Matteo Hansen. The Child Injury Lawyer Network would like to thank a concerned citizen of the Wilton, Maine community for alerting us as to the recent arrest of David Cook. Children are the greatest resource for any community. The safety of children should be the focus of parents, extended family, teachers, and the community in general. Unfortunately, child abuse and neglect continues to be a problem in small and large communities alike. You can read more about the Matteo Hansen story at Boyfriend Arrested for Toddler's Death in Wilton, Maine.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An English teacher in North Carolina faces child pornography charges. The North Carolina State Bureua of Investigation is looking into the acts of a Durham North Carolina teacher who may have participated in the sharing of over 1800 images over the Internet. Through the efforts of law enforcement agents in an undercover online investigation, the computer activity of an internet address linked to Willem J. Pet, a English teacher at Southern High School in Durham, North Carolina, has been linked to photos of underage children engaging in sexual intercourse with adults. The evidence of hundreds of images will be used as part of any state or federal potential future prosecution of Willem Pet and any other individuals engaged in the ownership or dissemination of the child pornography materials.

You can read more about this story at Durham North Carolina Teacher Faces Child Pornography Charges.

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

In Nassau County, New York and other cities throughout the State, there are holiday festivals and celebrations. Grandparents, parents, and children celebrate the holidays together with food, song and dance. A good time is expected by all. Unfortunately, holiday gatherings are some times the site of unexpected tragedy, injuries to children and in the most tragic cases death. A 76 year old man lost control of his 2007 BMW X3 and crashed into a Channukah Wonderland party in commercial area of Woodmere, New York. A total of 14 people were injured including a child under the age of 2. The accident victims were taken to three local hospitals for evaluation and treatment. The BMW at issue was reported to be registered to Theodore Saretsky, a local psychiatrist. A local religious leader, Rabbi Heshy Blumstein of Young Israel of Hewett and his wife, Mimi, visited some of the injured at Winthrop hospital.
Channukah is celebrated as a holiday of miracles. Hopefully, the injured children and adults from this tragic automobile accident have a speedy recovery from their injuries. Once the initial shock of the injuries has passed, the parents and children will have to deal with additional issues of medical bills, therapy, and the pain and suffering of dealing with the injuries. You can read more about this accident at 14 Injured After BMW Crashes into a Channukah Celebration in New York.

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

For decades, the United States Consumer Product Safety Commission (CPSC) has warned about the dangers of crib meshing. Between 1978 and 1985 when crib meshing was more common, CPSC records document 15 deaths. While deaths related to meshing have fallen over the years, about 50 babies die annually due to defectively designed cribs. Just two months ago, the CPSC announced the recall of 600,000 drop side cribs manufactured by Delta Enterprise Corp. after the death of an 8-month-old baby who suffocated when the drop side of his crib detached. The recall announcement is available at the CPSC’s website at Crib Recall - Delta Enterprises.

These are most troubling statistics. Even one death from an unsafe product is a tragedy. You can read another blog article about the death of a child from a crib mesh in Maine at 2 Year Old Strangled by Crib Mesh in Maine.

Every state including Maine has laws in place to protect consumers injured by defective products. Children can least protect themselves from unsafe products. While no award of damages can replace the life of a child, holding crib manufacturers accountably for defectively designed cribs that cause injury and death may result in safer cribs thus preventing similar tragedies.

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

Are Day Care Centers in Maine required to carry liability insurance? The simple answer to this important question is Yes. Liability insurance will cover medical bills and the pain and suffering of an injured child that result from the negligence or lack of supervision of the day care facility and its employees. The Maine Department of Heath and Human Services (DHHS) requires that day care centers have liability insurance in place of at least $100,000. There are some exception for this requirement if a person is using his or her own home for a day care program. Most day care centers are operated as a business outside of one's home. A children's day care facility or center is defined as a house or other place in which a person carries out a regular program for consideration (i.e. payment, money) for any part of the day for the care, protection, and supervision of three or more children under the age of 13 years of age.

Renter's or homeowner's insurance typically will not cover a person or business owner for day care related injuries or death unless the homeowner specifically informs the insurance carrier about the day care program and the insurance carrier specifically issues an endorsement for such coverage.

Whether a day care program in a home or commercial building has insurance in place is a question to ask before placing your child in the day care program. An informed and conscientious parent has every right to ask for a copy of the day care center's license, inspection reports, and proof of insurance. As you can see, it is the law in many States like Maine to have liability insurance in place. You can read more about liability insurance requirements for day care centers / facilities in Maine at the Official Site for the State of Maine Bureau of Insurance.

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

While visiting Vinalhaven, Maine with his parents for the holidays, 2-year-old Noah Thompson died from strangulation after he entangled himself in a mesh covering placed on top of his crib. According to Maine Department of Public Safety spokesman Stephen McCausland, the boy apparently stood up and became entangled in the netting when he stuck his head out between the netting and the edge of the crib. You can read more about this tragedy at 2 Year Old Strangled by Crib Mesh in Maine.

Unfortunately in many instances, tragedies and deaths like the one to Noah Thompson are the only things that effectuate change and safety measures by government agencies, manufacturers, and businesses. Before a product is put on the market, it should be thoroughly tested and studied to make sure that the safety of the child is placed as the most important factor. Safety should be given the highest priority over price, form, function, and aesthetics or the look of the product.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Winter storms create driving hazards for drivers across the United States including those in Arkansas. In Central Arkansas, freezing drizzle recently resulted in a traffic death and the closure of several school districts.

Lester Holmes, age 47, died from injuries received in a four-car accident in Jacksonville, Arkansas. State and local authorities will investigate the cause of the accident and the role that weather and road conditions played in causing the crash.

You can read about other automobile and trucking accidents that took place in Arkansas at Ice Storm Was Factor in Motorist Death in Jacksonville, Arkansas.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Teenagers like to have fun. Sometimes teenage fun is a prank on a friend, neighbor, or strangers. Pranks like throwing fruit, vegetables, rocks, eggs, and litter can literally lead to serious injuries and death. The Columbus (Ohio) Dispatch published a very good article on this topic. The article cited several instances where a teenager, who thought he or she was playing an innocent or not so innocent prank, was seriously injured or shot by a person who was not in on the joke or prank. A teenager with a prank in mind can often be mistaken for a dangerous intruder, burglar, or criminal. The following tragedies were reported:

Young man (23 years old) was shot and killed after he and his friends threw tomatoes and paintballs at passing cars in Ohio;

Florida teenager (16 years old) was playing a prank on neighbor who thought the teenager was a burglar. Teenager was shot and killed by the neighbor.

Massachusetts teens put tractor trailers in a road as obstacles for drivers on the roadway. One driver accidentally hit one of the tractor tires, drove off the road, hit a tree, and had his vehicle catch on fire. The driver of the car died as a result of automobile accident related trauma and injuries.

You can read more about this topic at Pranks Lead to Serious Injuries, Deaths, and Criminal Charges - A Report by the Columbus (Ohio) Dispatch

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Associated Press reported a very good but sad story about the trafficking of children for slave and indentured servant type of labor in the United States. The children were reported to work day and night with little to no breaks and very poor wages. While many think that these arrangements only take place outside of the United States, there are numerous reports showing child labor and child labor trafficking as a real problem in California and other States in the United States. You can read the sad stories of some of these children at Child Maid Trafficking - A Real Problem in the United States.

Many people, who put child maids to work, can avoid maids. They live in nice houses but it is not good enough to have a regular maid or housekeeper once a week. These folks want a maid all day and all night. It is a shame that somebody's laziness comes at the expense of a child who is forced to work to pay for a family member's debt or to get virtual slave wages to their families.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nevada lawmakers are aiming at criminalizing text messaging while deriving. Seven states have taken the initiative and have out lawed text messaging while driving. Some other states outlaw text messaging for younger drivers.

Text messaging can be very distracting when driving a car. Many other things can be distracting as well including listening to music, talking on a mobile phone, eating, having a conversation with a friend in the car, and many other things. Text messaging is unique in that it requires the typing of a message and the reading of messages in return. Text messaging can be a rapid fire type of act. Ask most teenagers these days who have made text messaging both an art, skill, social tool, and social weapon. I believe that outlawing text messaging while driving is a good safety measure that will ultimately safe the lives of drivers, passengers, pedestrians, children and many other innocent victims of such conduct.

You can read more about the topic at Nevada Lawmakers Aim to Prohibit Text Messaging While Driving.

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

A tragic death recently took place in New York City, New York when a 7 year old handicapped child (Chelsea Madonado) fell out of the 5th floor window of an apartment complex. The incident took place in the Bronx. Chelsea was blind in one eye and used a wheelchaiir. She was also autistic. There was some kind of a child protection guard in place on the lower part of the window. The news report at Fox News did not indicate if there was any safety device in place for the upper part of the window. Police and child welfare investigations will probably investigate the incident to determine the cause and preventability of such a tragedy. It is truly a tragedy for such a girl to have suffered such a death. Hopefully, the tragedy that took place in the Bronx will help other families and apartment complex owners more closely examine child safety measures that are in place for all children including but not limited to handicapped, autistic, blind and other challenged children.

You can read more about this story at 7 Year Old Falls from New York Apartment Building and Dies from Fall Related Injuries.

By Stephanie Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A lawsuit was filed recently against the Walt Disney Co. which provided a license for a bassinet manufactured by Simplicity, Inc. Kennedy Brotherton Jones died as a result of strangulation in the allegedly defective crib. The manufacturer, Simplicity, Inc. previously filed for bankruptcy. After Kennedy's death, the Consumer Product Safety Commission ordered a recall of these cribs as they represented a danger of serious injury and death to infants. Disney did not manufacture the crib and will defend the case on the argument that it only provided a license for its image which is far different than a guarantee of safety or workmanship. It will be interesting to see how the Courts handle the issue of licensor liability for defective consumer products.

By Stephanie Brown, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In the Georgia and other states around the nation, there are negligence, liability, or fault laws in place. Some States have more favorable laws and rulings in place that others for children and families seeking compensation for personal injuries / wrongful death than others. A Georgia Court of Appeals decision in June 2008 ruled that the family of a child who drowned and died could not recover compensation from the apartment complex / property owner. The Georgia Court ruled in favor of the apartment complex owner since the Court determined that the child knew or should have known of the danger of the swimming pool when the child entered the apartment complex pool. The Georgia Court put the responsibility of the incident the child rather than the apartment complex. The ruling was made in the case - Rice v. Oaks Investors, II, Georgia Court of Appeals, A08A0434 (June, 26, 2008).

The apartment complex in this case had a duty to provide a safe environment for residents, children, and their guests. When the apartment complex owners decided to offer pool amenities to guests, it had a duty (in our opinion) to maintain a safe environment for children which included putting up reasonable barriers, gates, and locks. Each case should be evaluated on its own merits. It would seem reasonable that the actions of a 6 year old should be judged differently than those of a 17 year old. Due to the flexibility and ambiguity of many laws in Georgia and other States, it makes sense to get an evaluation / consultation from a Georgia child personal injury lawyer / attorney. The facts in a particular case may very well be different than those in the Rice case. Regardless of the civil liability or monetary liability in a particular case, an apartment complex, business, and home should take reasonable precautions to keep children away and out of pools which would include barriers, gates, locks, alarms, signs, and other measures to protect children from serious bodily injury and wrongful death. Children often times lack good judgment and appreciation for dangers. That is why it is so important to keep safety as the primary focus when offering any kind of play / recreational amenity like swimming pools and playgrounds for children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Georgetown Public School System in Massachussetts is considering giving students instruction in dealing with gunmen on school grounds. It is part of the "Code Blue" safety program. The instruction would include telling children to use backpacks or textbooks to try to fend off the gunman. A school resource police officer suggested the program in Georgetown, Massachusetts after hearing of a similar program being offered in the State of Florida. The instruction may need to be judged on results. If a child dies as a result of taking some kind of initiative or action as instructed, then many will say it was a bad idea. If a child is saved with such intervention, the school district and officer may be then seen as innovative heroes. You can read more about this program at Controversy Over Instruction to Teach Students to Fight Back Against Gunmen in Georgetown, Massachusetts.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The New York Times reported a recent study conducted by the World Health Organization (WHO) and Unicef about child deaths world wide. The statistics are quite interesting and astounding at the same time. The study estimates that accidents kill 830,000 children every year which is an almost equivalent to every single child in the city of Chicago, Illinois. The report, which collected date from developed as well as poor countries, was a breakthrough study in that it was a worldwide study. The statistics in poor countries was not as accurate or plentiful as that in developed countries like the United States, England, and Australia. Nevertheless, the study did gather and present data so that efforts can be made country by country as well as worldwide to attempt to prevent the accidental and preventable deaths that take place every year.

One statistic that is quite troubling is that 5000 children die each year from drinking / swallowing / consuming kerosene that parents use for cooking purposes. A simple childproof cap and more attention by parents could prevent most of these deaths.

Teenagers, in both developed and poor countries, fall victim to the same type of injury causing death - road injuries, automobile accidents, pedestrian accidents, and trucking accidents. In the United States alone, over 12,000 children die every year from accidents. Car accident / automobile accident was the number 1 cause in the accident category in the United States except for infants and small children who more often fell victim to suffocation and drowning deaths.

You can read more about this very important study at the Official Site for the New York Times at Worldwide Study of Child Death and Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Burlington County Highway in Burlington (South Jersey) New Jersey was the site of the tragic death of a 4 year old boy. Sam Wood, a writer with the Philadelphia Inquiry, reported that the boy was crossing the road with a teenage relative at the time that the 4 year old was hit by the pick up truck. The accident took place just after 5:00 p.m. This stretch of highway was recently designated as one of the most dangerous highways in the region by the non-profit advocacy group the Tri State Transportation Campaign. You can read about this story at Boy Fatally Struck While Crossing Route 130 in Burico, New Jersey.

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

Des Moines, Iowa police reported that a 1 year old child ate mouse / rat poison at a day care / child care center at local athletic gym. When the father of the child went to pick up the child, he noticed some kind of blue substance on her clothing. This turned out to be the mouse / rat poison. The child was later taken to Blank Children's Hospital in Des Moines, Iowa for evaluation and testing. Fortunately, the child is going to be ok according to the news story as reported in the Des Moines Register at 1 Year Old Exposed to Rat / Mouse Poison at Gym Child Care Center.

Iowa Regulations pertaining to Day Care / Child Care center require that the physical environment be safe and hazard free. Day Care / Child Care centers have a duty to keep poison, toxins, and any other harmful products including but not limited to mouse and rat poison away from children. These products should be kept out of reach of children to avoid serious personal injuries from occurring while the children are under the care and supervision of the day care / child care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Magnets can be simple child toys. My son has magnets and plays with them from time to time. These simple play toys can lead to the death of child if ingested. Many toy magnets these days are smaller than coins. The ingestion of magnets can lead to the pinching and perforation of the internal organs / intestines which in turn can lead to infection, sepsis and death. Ingesting a magnet is a medical emergency that requires immediate medical care. School and day care centers should be especially diligent to purchase and maintain safe toys. Furthermore, supervision is key to the safety and well being of children in schools, day care centers, homes, and other places. You can see this very informative animation and other information regarding magnets at the Chicago (Illinois) Tribune Web Site at How Magnets Kill - A Dangerous Connection.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Wayne Bent, who calls himself the second coming of Christ, is yet another church leader in New Mexico that has been arrested and will stand child not as a church leader but as a sexual predator. Bent recently gave an interview to ABC Good Morning America to clarify his actions to his followers who attended the interview. Bent is the 67 year old leader of a fringe church called the Lord of Our Righteous Church. Bent admitted to Good Morning America that he did lay next to one of the naked teenagers and put his hand on her chest (sternum). How this can be any part of a reputable and traditional church procedure, service, or prayer ceremony is really beyond any comprehension? Bent's unusual rituals go right into his teachings according to former church members. One former church member stated that one stipulation of the church is that Bent is the only person who can have sex with church members.

You can read more about this story at Sect Leader on Trial in New Mexico for Molestation of Teens.

Law enforcement officials have a duty to investigate and prosecute allegations of abuse and neglect including that of sexual abuse and assault on children. If there is sufficient evidence to prosecute, prosecutors will then take the case forward to trial if necessary in order to enforce of the laws of the State of New Mexico.

Child personal injury attorneys are often represent the interests of children and are able to conduct an independent investigation into allegations of abuse and neglect. Civil attorneys can pursue a civil case against the sexual predator, church supervisors, and other individuals who caused, contributed, or allowed the abuse and sexual assaults to take place at all. Churches should be havens of safety and morals for children rather than places where they are sexually assaulted and taken advantage of by those church officials who have a fiduciary and moral duty to supervise and protect our children rather than harm them.

By Stephanie Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Churches in Alpharetta, Georgia and other towns should be places of refuge, safety, fun, and prayer for children. Unfortunately, many churches in small and big towns alike are the sites of abuse, neglect, molestation, and sexual abuse of children who are in the very churches to be cared for. Alpharetta is a community in the Atlanta, Georgia area. Reverend Derek Gillett, pastor of Cornerstone Community Chapel in Forsyth County and a youth group leader, was arrested Friday on criminal charges of aggravated child molestation and sodomy. Other clergy members were quite surprised by the arrest. Reveren Gillett was arrested and held without bond. You can read more about this story at Pastor Accused of Molesting Two Georgia Teens.

Of course, Reverend Gillett, under Georgia law and the laws of other state, is officially innocent until proven guilty; however, he will have quite a challenging defense to put forth in light of the fact that the charges involve 2 girls and multiple innocents of sexual assault and abuse.

One of the victims confided to an adult who took the initiative of reporting this matter to the police.

Sexual assault and molestation incidents by the clegry and church officials often times go unreported and unprosecuted. It takes a brave victim, family member, fellow church member, church official, or friend to take that step to take action and report the abuse to the police and / or an attorney for consultation and advise. Child personal injury attorneys in Georgia and the rest of the United States have put in countless hours of work and investigation to make sure that facts and evidence are uncovered to unmask the abuse and to make those responsible pay both criminally and financially for the harm done to the children.

It is terrible when a stranger hurts our children. It can be argued that it is far worse when a child's own mother harms her child. In Detroit (Wayne County), Michigan, a Detroit mom and two men were charged with promoting prostitution when the police raided a home with 19 adult female prostitutes and 2 16 year old girls which included the mom's daughter. Wayne County Sheriff's office reported that it was a cash for sex party which involved a $15.00 cover charge and a negotiated payment for various sex acts with the prostitutes. The Detroit Mom could teach a class in "Bad Parenting 101". For details on how to be one of the worst moms ever, you can read the articled at the Click On Detroit Web site at 3 Charged at Sex Party in Detroit, Michigan.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 16 year old boy recently freed himself from captivity from a California home in the United States. . . yes, a boy was shackled like an animal in the country known for being the home of the free. Another suspect was recently arrested for his role in the case involving the ongoing torture, child endangerment, and corporal injury as well as false imprisonment to the 16 year old boy. Three other suspects were previously arrested in this bizarre case that came to light when the boy escaped and was found by good samaritans at a local gym who stepped in and got the boy some help, freedom, and safety. Reports indicate that the boy spent 1 year in captivity. The torture, personal injury, mental and physical pain and suffering for this year is hard to completely appreciate. Hopefully, justice will prevail regarding the criminals who caused harm to this child. Furthermore, let's hope that the child gets the medical attention and counseling he so greatly needs after being held captive for 1 year.

You can read more about this story at Another Suspect Arrested in California Teen Shackled Case.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day Care Centers and Residential Day Care Centers in the State of Texas are regulated by the >Texas Administrative Code.

The standards set forth by these laws establish minimum requirements for day care centers / child care centers including those involving staff to child ratios, physical environment, and discipline. It is not just a good thing for day care centers to follow these regulations - it is the law. If there is a problem with a Texas day care center that results in personal injury or death to a child, a child personal injury attorney can assist the family to retrieve records from the day care center, review the Texas Administrative Code and other applicable laws and regulations, and otherwise conduct an investigation as to the actions and inactions of the day care staff and management that cause or contributed to the child personal injury.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Edel Sum, the owner / operator of a Round Rock, Texas day care center in her home, was arrested for child endangerment. Apparently, Ms. Sum left her home and 4 children under the age of 2. The children were left in the home alone with absolutely no parental supervision While she was out, she was involved in an automobile accident. She then informed the police officer that she needed to go home in order to take care of the children. A neighbor was able to get into the home to find the children in their play pens.

The children were not harmed by the negligence and lack of common sense of Ms. Sum but they certainly could have been seriously harmed and could have even died from a multitude of causes without any adult supervision. There are many fine day care centers in Texas and across the nation. Then again, there are other day care centers that leave children unattended or fail to otherwise supervise the children to prevent serious personal injuries.

You can read more about this story at Texas Day Care Owner Arrested After Leaving Child Alone in her Home.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You Tube can help publicize and broadcast everything around us from silly to quite serious matters. I found several You Tube videos that document malfunctioning railroad gates throughout the nation. The above clip is from a railroad crossing in Michigan during winter time. Malfunctioning deaths can be an inconvenience to some and serious personal injury or even death to others including child and adult pedestrians, bicyclists and occupants of motor vehicles. If you see a railroad crossing that is malfunctioning, report it and video it if you can. The Federal Railroad Administration is the federal agency charged with the oversight of the nation's rail systems and has specific regulations for the maintenance, inspection, and reporting of malfunctioning railroad crossing gates. You can read more about the Federal Railroad Administration (FRA) at the Official Website for the Federal Railroad Administration.

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

The Federal Railroad Administration (FRA) was created by federal law (49 United States Code 103, Section 3) in 1966. The purposes of the Federal Railroad Administration include the enforcement of safety rail regulations and the development of policies to improve national rail safety. Children are often times the unfortunate victims of railroad accidents and incidents through the United States. A child who is seriously injured or dies in a railroad accident often time does not have a strong voice to lay out the facts or evidence as to the cause or reason for the accident / incident. Child injury lawyers who handle railroad cases have the knowledge and experience to collect the evidence from the Federal Railroad Administration and other sources to determine the "real" reason for a railroad tragedy or accident. Like any other business, railroad companies do not always step right up and admit a malfunction, negligent maintenance, or employee error when a child or adult for that matter is seriously injured as a result of a railroad accident. The Federal Railroad Administration (FRA) is an important government entity that helps collect evidence and data when there is a railroad accident / incident. Furthermore, the reporting requirements and other rules set forth by the Federal Railroad Administration (FRA) help to keep railroads in line to help limit or deter future tragedies from occurring. You can read more about the Federal Railroad Administration (FRA) at the Official Web Site for the Federal Railroad Administration.

States throughout the nation including Oklahoma, California, Texas, and Illinois are often the sites of serious personal injuries and wrongful death to children who were crossing railroad tracks or using areas near railroad tracks like bridges. Parents of child victims of railroad accidents frequently have more questions than answers when there is a tragedy. The Federal Railroad Administration can provide some of the answers. In addition, a Railroad personal injury litigation lawyer can also help provide some answers through further investigation of the incident.

An international study of child abuse reported in the British Medical Journal - Lancet revealed that there is an under reporting of child abuse in developed countries like the United States, Australia, United Kingdom and Canada. While it is difficult to provide an exact figure or percentage, researchers estimate that as few as 1 in 10 cases get reported and are confirmed by social service agencies. There are many reasons for this problem. They include the delicate nature of such reports, the short term effects of the reporting, the long term reports of the reporting, the uncertainty of the potential reporter of abuse, back log of cases in certain social service agencies, and other reasons. You can read more about this study at Most Child Abuse in Developed Nations including the United States Go Unreported.

Most states mandate the reporting of child abuse to the state agency responsible for fielding and investigating such calls. This is especially true for those professionals, caregivers, and educations like doctors, day care personnel, teachers, coaches, and others who have knowledge or a good faith suspicion that a child is being abused. If you suspect that a child is being abused, it makes sense to contact the local and / or state social welfare agency (example - Florida Department of Children and Families) to find out more information as to ways to report abuse and how abuse is defined by state statute, law, and / or ordinance.

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

Deputy sheriffs in Madison (Dane County) Wisconsin recently arrested 8 different drivers in various incidents in and around Madison, Wisconsin for OWI (Operating While Intoxicated). While there was no special task force or overtime put in place over the weekend, drunk drivers were out in numbers wreaking havoc on the roadways in Madison, Wisconsin. One drunk driver even crashed his vehicle in to a police car. Another driver was found parked while making a turn. She was arrested for OWI. People who drink and drive should not only think about the criminal consequences but also the civil, social, and moral consequences of such dangerous and reckless behavior. Too many children, teens, and adults have suffered serious personal injuries and wrongful death due to drunk driving / OWI. The best way to reduce drunk driving / OWI is through planning. If you plan to have some drinks at home, restaurant, or bar, make sure that there is a designated driver lined up. If there is no designated driver lined up, do not drink, call a friend for a ride, get a cab, or stay put. The safety of Wisconsin's children and adults is much more important than the joy, buzz, or fulfillment of getting drunk.
Arive alive and make sure others do as well. Do not drink and drive. You can read more about the weekend of arrests in Dane County (Madison) Wisconsin at Deputies Make 8 OWI Arrests Over Weekend.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parades are places for celebration. Parades are also places of tragedy far too often for young children who are in the parade or merely watching the parade. In a Beaumont Texas Christmas Parade, Aaliyah Carter (age 11) was killed after falling and being run over by a parade float. Aalliyah attended Homer Elementary School in Beaumont, Texas. According to parade witnesses, Aaliyah was running alongside the truck when she tripped over another girl. The driver, who apparently was not aware that the girl was in the road, ran over the girl who was crushed by the parade float wheels. Aaliyah was taken to Christus St. Elizsabeth Hospital where she was pronounced dead on arrival from castastrophic head wounds. You can read more about the parade accident involving Aaliyah Carter at 11 Year Old Dies in Beaumont Texas Christmas Parade.

Parade related injuries and death happen each year. People including participants in the parade are caught up in the celebration which almost always include children. From Texas to Florida and the rest of the nation, parade injuries and deaths to children are most troubling. See Parades: Injuries and Deaths to Children in Florida.

Safety, planning, and supervision of children are all key components to keeping children safe during any parade. It is most unfortunate for Aaliyah Carter and her family that a day of celebration and happiness so quickly turned into a day of tragedy and morning.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Delaware County, Indiana mother (Sherri Feuston) was recently charged with neglect of a dependent, battery, and confinement. Prior to sending her 9 year old son to work, Feuston held down her down and scratched the b----- word on her son's forehead. After showing up at school for derogatory graffiti on his forehead, Selma Elementary School officials contacted the police. When questioned by authorities, Feuston admitted to the incident but stated that it was just a joke. This "so called joke" got Feuston arrested and subjected her to the criminal charges.

Parents, caregivers, teachers, day care workers, and others responsible for the supervision of children should protect and look after the safety, welfare, and well being of children. Feuston's conduct seemed to be that of an immature teenager than a mother who is supposed to protect her child. You can read more about this story and see a photo of the child's forehead at Indiana Mom Scratches Derogatory Word on Son's Forehead and Then Sends Him to School.

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

The State of Alabama has special laws in place pertaining to the liability of owners for dog bites. Children in Mobile, Birmingham and other Alabama cities and towns are especially at risk for serious injuries from dog bites to the size and strength of the child as compared to many medium and large sized dogs. Furthermore, many children lack the judgment and experience with dogs to know when there is danger lurking nearby. In Alabama, a dog owner is liable for damages / injuries caused by a dog bite when the incident takes place on the dog owner's property or when the dog chases a person off the property and pursues the victim of the dog bite. The Alabama dog bite statute is narrowly defined. Even if the dog owner is liable under the Alabama dog bite statute, the dog owner can still argue or file a pleading that the damages should be limited to actual damages (i.e. medical bills, loss of wages, and other economic damages) by alleging that the dog owner had no knowledge or reason to believe that the dog was dangerous. You can read through the dog bite statutes at the Code of Alabama - Dog Bite Statutes.

If a dog bite took place off the dog owner's property, then general negligence laws of the State of Alabama would apply to the situation or case. When the dog bite statute does not apply, the victim and his or her attorney must prove that the dog owner was negligent and had knowledge or reason to believe that the dog had dangerous propensities. There are many Alabama appellate cases that help define or explain the knowledge or reason to know of element of these type of dog bite cases.

Dog bites can result in serious personal injuries, deformities, scarring, and, in some cases, deaths of children and adults in the State of Alabama. As such, it is vital that dog owners maintain control of their dogs especially if there is any concern whatsoever that the dog poses of threat to children.

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

A New York middle school teacher (Ellen Bernstein) at Haverstraw Middle School in Rockland County decided to illustrate concepts of slavery with two teen students by binding the students. One student was white and one was black. The teacher bound the feet and hands of both students. The black student (Gabrielle Shand) did not volunteer for the lesson and when she returned home later that day was in tears in recounting the public school lesson with her mother. The local NAACP has stepped in to protest the lesson and conduct of the school teacher.

Bernstein, Haverstraw Middle School's principal and the school superintendant apologized to the student and her mother.

Retraining and binding a child in school can be quite traumatic for the child especially when considering the history of slavery as well as discrimination in the United States. It appears that there will be further discussions, meetings, and protests about this incident. You can read more about the incident at New York Middle School Student Get Unpleasant History Lesson in Slavery.

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

The City of Milwaukee, Wisconsin and other communities have instituted curfews for children / teens in an effort to protect children and to reduce crime. Parents often times face a battle with strong minded teens who do not want to follow a parent directed curfew. It is one thing to ignore a parent's rules and demands. It is quite another to ignore curfews set forth in laws and ordinances. Safety and law enforcement experts believe that curfews mandated by cities can often have a strong deterrent on juvenile crime. As an example, recently in Milwaukee, Wisconsin, in the 2400 block of W. Chambers Street, at approximately 4:00 a.m., a 16-year old boy, who was suspected of a curfew violation, was arrested and found to have 37 Ecstasy pills. The juvenue was arrested after attempting to flee from Milwaukee police and after he was seen tossing a gun / firearm. He was observed standing in the street, next to a car, speaking with others on the street and in the car. Pending charges include possession with intent to deliver, carrying a concealed weapon, and possession of a dangerous weapon by a child. You can read more about this incident at Teen Arrested with Drugs and a Firearm in Miwaukee, Wisconsin.

Curfews limit and deter the number of teens on the roads, at late night parties, and teen drinking and driving. Many teens lack the judgment and good sense to stay out of trouble when unsupervised at late hours. Proponents of curfews hope that curfews will reduce juvenile crime as well as adult and child personal injuries / deaths caused by the intentional or negligent conduct of teens out late into the night.

The United States Conference of Mayors conducted a survey in 1997 of 347 cities which had curfews and asked city officials to describe their perceptions of the curfews' effectiveness. The consensus was that crime rates for juveniles had reduced and that the enforcement of curfews was a good use of police department resources. You can read more about crime statistics for cities in Wisconsin and other states at The Official Site for U.S. Mayors.

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

Wilton, Maine is a nice town that was incorporated in 1803. Unfortunately, this small town was the site of a tragic death of a 17 month old boy (Matteo Hanson) who died after a fall down a flight of stairs recently. Matteo was taken to Franklin Memorial Hospital in Farmington for emergency medical care. Tragically, Matteo was officially pronounced dead at the hospital. An autopsy is currently pending on the child.

This story shows the dangers of stairs to small children in any location whether it is an apartment complex, school, day care center, mall, business, or home. If children are present, it is important to have railings in place to prevent children from falling through. Parental and caregiver supervision is important as well.

It is uncertain at this time if any criminal or civil proceedings will result from the incident. Maine State Police are involved with the investigation.

You can read more about this story at the Sun Journal Web Site - Toddler Falls Down Stairs at Wilton Maine Apartment Complex.