Child Injury Lawyer Blog

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Unfortunately, bullying has been around for years and despite all the advances in Maryland and the rest of the United States - bullying continues to be a problem that can and does result in serious personal injuries, and, in some instances, death to innocent victims of malicious bullies. In Cockeysville (Baltimore County) Maryland, police reported that three juveniles have been charged with first degree assault after brutally attacking, beating, and hitting a fourth grade student / neighbor with a baseball bat. Alex Ayers, age 10, was so severely beaten that he required emergency care a local hospital. The story was reported by WBAL TV 11 and other media outlets as well. The juvenile assailants lured Alex outside to join them by inviting him to play in a football game. It turned out to be much more a game for Alex and his assailants - it turned out to be a brutal crime that should be prosecuted. You can read more about this story at Baltimore County Police Report that Three Juveniles Charged for Beating a 10 Year Old Boy with a Baseball Bat.

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

A nationwide sweep of child prostitution rings resulted in the arrest of 571 people in 21 cities. In Michigan, three children were rescued from one of the prostitution rings. The Federal Bureau of Investigation (FBI) along with State and local law enforcement agencies raided the prostitution rings in an organized effort to save these children and lock up these sexual predators and offenders. Michigan law enforcement agencies participated in this sting. These agencies included the Southeast Michigan Crimes Against Children Task Force, the Ann Arbor Police Department and other agencies.

The individual criminal suspects involved with these prostitution rings should pay dearly for these crimes against children. Forcing a child into a prostitution ring is among the most heinous crimes imaginable. Hopefully, the criminal justice system effectively removes these individuals from the community.

You can read more about this story at the Detroit Free Press - Operation Cross Country III Rescues Michigan Children and Others From Child Prostitution Rings.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents have a special responsibility and duty to raise their children and provide for their health, safety and welfare. Driving children around town on drugs is truly a dangerous situation. Furthermore, drug use and abuse distract from a parent's responsibility to supervise their children. Judgment is certainly impaired from drug use. In Oregon, William and Tracy Duncan were arrested on charges of possession of meth and for child endangerment after officers found children who ranged in age from 5 to 10 years old without seat belts in the vehicle. At the time of the arrest, both parents were under the influence of methamphetamine.

The children were taken into protective custody.

You can read more about this story at Oregon Parents on Meth Have 5 Unrestrained Children in the Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A British mother was convicted of child cruelty (child abuse) for allowing her 3 year old to light a cigarette and smoke it. How do we know this happened? Well, there was a video of the child smoking recorded on a mobile telephone. Authorities were notified by a friend of the child's smoking habits. Apparently, the child smoked on many occasions. The mother, Kelly Marie Pocock, claimed that she did not know about her son's smoking. Ms. Pocock received a suspended sentence in exchange for pleading guilty to one count of child cruelty.

There appears to be a high likelihood that this child will eventually have a very bad cigarette smoking habit. Some smokers begin smoking at a young age and never quit. Three years old to begin smoking? This is highly unusual and frightening.

You can read more about this story at British Boy, Age 3, Filmed Smoking - Mother Convicted of Child Cruelty.

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

Barry Dean Griffin, age 39 - the former golf coach of Lon Morris College in Texas pled guilty to charges of possession of materials involving sexual exploitation of a minor. The Texas criminal investigation revealed over 600 photographs of children engaged in sexually explicit conduct. The investigation was brought as part of Project Safe Childhood, a program initiative by the Department of Justice. The mission of the program is to prosecute people who exploit children through the use of Internet and also to identify and rescue child victims of exploitation. Mr. Griffin faces up to 10 years in prison for his crimes. You can read more about this story at Former Golf Coach in Texas Pleads Guilty to Child Pornography Charges.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical study recently released indicates that MRSA, otherwise known at methicillin-resistant Staphylococcus aureus, is on the rise in children. Nationwide, MRSA is reported to have risen as an infection in children's ear, nose, and throat infections. MRSA is problematic because it is a staph infection that is resistant to many antibiotics. MRSA does not respond to penicillin based antibiotics. The study collected laboratory data from 300 hospitals throughout the nation.

When a child suffers a wound or undergoes surgery, MRSA can and does complicate the child's medical condition. Since it is difficult to treat and can, in some cases, cause death, MRSA is a concern to parents, caregivers, medical providers, and child safety advocates. You can read more about the disturbing and dangerous trends of MRSA at Doctors Report Alarming Increase in MRSA in Children.

By Ryan E.Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents and caregivers who smoke often try to blow the smoke away from their children. This provides a false sense of safety to parents who think that they can keep harmful smoke from their children. Unfortunately, there is another danger to children beyond second hand smoke. It is being called "Third Hand Smoke" which refers to the gases and particle that cling on smokers' hair, clothing, furniture, car seats, and other objects. This residue, to which children are exposed, includes heavy metals, carcinogens (cancer causing agents), and even radioactive materials that a child may ingest.

Doctors at Massachusetts General Hospital for Children in Boston came up with the term "Third Hand Smoke" after completing a study into the components and dangers of "Third Hand Smoke". You can read more about this study and story at Third Hand Smoke - Doctors at Mass General Hospital for Children in Boston Identify Dangers to Children.

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

For children in Georgia injured by prescription and over the counter drugs, Georgia’s Governor wants to deny them their right to recovery if the drugs were FDA approved. In an effort to encourage business in Georgia, Governor Sonny Perdue has proposed a grant of civil immunity to pharmaceutical companies from lawsuits seeking recovery for damages caused by drugs that had FDA approval. Apparently believing that the FDA is infallible and only approves safe drugs, the Governor seeks to make Georgia a more attractive state for businesses, including the biotechnology companies. This proposed legislation, however, fails to recognize the many instances when the FDA grants approval but later pulls a drug once various harmful effects are discovered in mass use by the public.
Georgia citizens can express their concerns to their state legislators by writing, FAXing or emailing. State legislators and their contact information can be located at a website called www.votesmart.org

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

The Associated Press has reported that a lawsuit has been filed by the parents of Heather Harkness for her wrongful death. The surgeon, anesthesiologist, and hospital were named as defendants in the lawsuit. Heather Harkness, age 16, died as a result of alleged medical malpractice during a surgery for appendicitis. Autopsy results indicate that the carotid artery was cut during the surgery.

The parents, David and Susan Harkness, alleged that Dr. Walter Bell was negligent during the surgery. Furthermore, the parents allege that Walter Bell was negligent in the past with other patients and that Integris Baptist Medical Center was negligent in allowing Dr. Bell to continue to operate and practice at the hospital despite these prior incidents and deaths.

You can read about this story at Parents File Medical Malpractice Lawsuit in Oklahoma for Wrongful Death of Teenage Daughter.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Wii is a video game system that involves some movement and exercise. In various games, a child or adult will use motions to play bowling games, baseball, football, soccer, shooting games, strategy games, carnival games, and many other games. A player can get lost in a game and forget what he or she is doing. Many players have been injured by throwing out an arm or shoulder, injuring tendons or ligaments, or just over extending themselves. Often times, these injuries result when a person is not in good shape to begin with and there was no stretching before playing the Wii Game System.

You can read more about this story at Wii Injuries Putting Kids in the Hospital for Wii Related Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted and negligent drivers cause accidents every day in various States. Many safety groups, parents, and child safety advocates would like to see laws banning the use of cell phone / mobile phones while driving. These proponents of changes in the law of many States believe that the banning of cell phone / mobile phones will lead to a decrease in distracted drivers as well as automobile accidents and trucking accidents with related personal injuries and wrongful deaths.

You can read more about this story at National Safety Group Looking to Ban Use of Cell Phones for Drivers.

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

Lawsuits and insurance claims filed on behalf of children bitten by a dog are controlled by Georgia Code Section 51-2-7. This statute recognizes that the dog’s owner may be held liable for injuries caused by their dog where the owner has carelessly managed the dog or has allowed the dog to go at liberty. In order to recover, however, there must be evidence of the dog’s “vicious propensity” to cause injury. The dog’s vicious propensity to cause injury can be established by showing that the dog was required to be at heel or on a leash by a city or county ordinance and that at the time of the injury, the dog was not at heel or was not on a leash.

If there is not a violation of a leash law, however, the injured child must prove that the dog’s owner had knowledge of the dog’s vicious propensity. The Georgia Courts have generally described this as the “first bite rule,” but the rule does not literally require that the owner be aware that the dog bit someone before. Instead, the first bite rule requires that the dog owner have superior knowledge of his dog’s temperament. While the Georgia owner does not have to have knowledge of a previous bite by the dog, the owner must be aware of the dog’s propensity to cause the particular type of injury that was later suffered by the bitten child according to Georgia's Dog Bite Statute. Merely showing that the dog had a tendency to growl at people or children is insufficient. Showing that the dog had jumped on and attacked people with its mouth on prior occasions, however, is sufficient to place an owner on notice that a similar attack could occur. Georgia Courts continue to recognize this evidentiary burden as seen most recently in Custer v. Coward, 667 S.E.2d 135 (Ga. App. 2008).

Children, as well as adults, often suffer permanent personal injuries and scarring from dog bite incidents. Due to the evidentiary requirements set forth by Georgia law, it is helpful to consult with a Georgia personal injury lawyer / attorney to determine the rights of the dog bite victim.

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

In Iowa and Other States, teenagers are taking steroids to try to get one step up on the competition in sports, body building and other pursuits. Medical studies have shown that steroids can have serious long term medical effects on teenagers and adults as well. In Gilbertville / Mason City, Todd Gerleman was arrested for giving his teenage son steroids. According to news reports, it was the father's idea and plan to provide his son with steroids to get his son more interested in sports.

The 14 year old son assaulted his mother in Gilbertville, Iowa. Police responded to the scene and found a syringe and 105 steroid pills in the teenager's bedroom.

You can read more about this story at Father Provided Son with Steroids in Iowa - Father Arrested.

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

In Wisconsin and other States, most mothers age gracefully and comfortably say goodbye to their teenage and high school years. Some never get over high school and dream of going back to their glory days. One mother took this idea and dream too far in Green Bay, Wisconsin. Wendy Brown, a 34 year old mother, stole her daughter's identity, posed as a teenager, and then tried out for the Ashwaubenon High School cheerleading squad. She was found not guilty by reason of mental disease or defect and then sent to a mental health facility for treatment and counseling. Wendy Brown apologized in court and stated that she just wanted to re-live her high school days. You can read more about this bizarre story at Mother Reliving Her High School Days Committed to a Mental Health Facility in Green Bay, Wisconsin.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Throughout the United States at schools, day care centers, after school programs, and public parks, children are injured on playground equipment every day. Many injuries result from falls from monkey bars or jungle gyms. A report by the Consumer Product Safety Commission indicated that most playground injuries resulted from falls off, falls from, or from being pushed off monkey bars or jungle gyms. Due to the high incidence of child injuries from monkey bars and jungle gyms, it is important for child care workers, teachers, parents, and caregivers to provide close supervision and assistance when small children are using monkey bars and jungle gyms. A helping hand from an adult will go a long way to preventing serious injuries like fractures, bruises, and lacerations from taking place.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother arrived a day care center in Australia to pick up her son and found something very disturbing - her son was locked in the day care center alone with no supervision or anyone else around. The mother then broke through a window to get her son out of the day care center. The mother arrived just before closing time at the day care center. Unfortunately, it appears that the staff left early and forgot about the little boy left behind. This incident was frightening but not tragic as the little boy was not harmed even though he was left alone.

Day care centers should make sure that all children are checked in and out of the day care center before closing or leaving the facility. You can read more about this story at Boy Locked in Day Care Center - Mother Breaks In to Get Her Son Out.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Special needs children / students need to have proper supervision and patience from teachers in Indiana and other States. In Lafayette, Indiana, a special need middle school teacher was fired by the school board for duct taping a student's mouth shut. This truly is no way to discipline a child or make a point. It is corporal punishment - plain and simple. Pamela Dahnke, the middle school teacher, was a health and nutrition teacher. One would think that she would realize the psychological and social ramifications of such acts in Indiana.

Special needs children in schools should be give guidance, attention and supervision. They should not be subject to psychological or physical injuries inflicted by teachers, school staff, or other children. You can read more about this story at Indiana Middle School Teacher Dismissed for Duct Taping Student's Mouth Shut.

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

The Mayor of Racine, Wisconsin - Gary Becker - was arrested on five felony counts for his internet chats and arranging for a meeting with a 14 year old to have sex with the 14 year old. In actuality, the 14 year old online was an undercover agent with the Wisconsin State Division of Criminal Investigation. Mayor Becker previously had taken his computer to a city employee for have some work done on it. The technician found child pornography on the Mayor's computer. Thereafter, the State Division of Criminal Investigation had undercover agents engage in chats with the Mayor. Mayor Becker had engaged in these chats before.

Child predators should be removed from office as Mayor. Furthermore, the City of Racine deserves to have somebody smarter in office. The Mayor's intelligence and judgment can both be called into question as well. Let's see - he brought his computer into a city office with child pornography on it. Then, Mayor Becker, who is the Mayor of a Wisconsin City, arranges for a meeting with a 14 year old girl for sex. This married father of two lacks any judgment to run a City that affects the lives of many other people.

You can read more about the criminal investigation and arrest of Mayor Gary Becker at Racine, Wisconsin Mayor Charged with Five Felony Counts - Arrested at Food Court.

Soon after the incident and the arrest, Mayor Gary Becker resigned as Mayor of Racine, Wisconsin. You can read more about his decision to resign at Mayor of Racine, Wisconsin Resigns After Sex Sting Arrest at Mall.

By Ryan E.Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Monkey bars are placed on playgrounds in Massachusetts and throughout the United States. Children love hanging from, hanging upside on, crossing, standing on, and sitting on monkey bars. Many children enjoy the challenge and the height of monkey bars. The problem is that children fail to appreciate the dangers of monkey bars and sustain serious personal injuries from falls from monkey bars. A Boston, Massachusetts medical study mentioned on the the American Academy of Pediatrics Website concluded that serious injuries result from falls from monkey bars. The study reviewed admissions to emergency rooms and the injuries reported in these medical records.

A school, day care center, and others who are responsible for the supervision of children should seriously consider safety when deciding to install new monkey bars or deciding to remove old ones. If monkey bars are in place, the school, day care center, and others should consider the height and size of the monkey bars, the positioning of the monkey bars, and the size of the children.

It is important to ensure that there is adequate supervision of children playing on monkey bars. Parents should make sure that their children are being properly supervised, if they have any concerns, should immediately speak to the caregiver about removing the monkey bars unless proper supervision is consistently provided to the children.

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

In Georgia, a parent can be held liable for the negligence of a child driving an automobile that is maintained by the parent for the use and convenience of his family. If the parent, as the owner of the car, has given permission to his child to drive the car and has relinquished control of the car to the child then the parent can be held liable for injuries caused by the child as long as the child was in the car when the accident occurred and the car was being used for a “family purpose.”

The Georgia General Assembly passed a law designed to increase driving safety by teenaged drivers. All parents of Georgia teenage drivers need to be aware of “Joshua’s law,” which took effect on January 1, 2007. Joshua's law came about after a tragic accident that resulted in the personal injuries and wrongful death of Joshua Brown. Joshua’s parents, Alan and LuGina Brown, realized that the accident could have possibly been avoided if the boy had had proper training and known what to do in such a situation. Under Joshua’s law in the State of Georgia, all sixteen year olds applying for a driver’s license must complete an approved driver education course and complete a total of 40 hours of supervised driving with a parent or guardian’s sworn verification that these driving requirements have been met. If a sixteen year old has not completed the approved driver education course, then he must wait until the age of seventeen to obtain a driver’s license. Even then, the seventeen year old driver must complete the 40 hours of supervised driving. Six of these 40 hours must be supervised night driving. For more information about these driving requirements, you can go to the Official Georgia Website at Educational Requirements for Teenage Drivers in Georgia.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Studies conducted at Duke (North Carolina) University Eye Center and other facilities show that premature infants are at a higher risk for severe vision loss. It is vital that doctors identify those premature infants who are at risk for complications from ROP. Infants, who are premature with a low birth rate, should be identified by medical professionals. There is a small window of opportunity to identify and treat ROP. Otherwise, the child faces a lifetime of blindness and disability.

Laser treatment or cryotherapy can treat serious cases of ROP. In mild cases, some doctors chose to wait to let the condition resolve on its own. It is critical that the a doctor, experienced with ROP, effectively and efficiently identify risks and timely diagnose ROP in premature infants.

If you have a child who has suffered blindness (partial or whole) from ROP, a full review of the records by a Child Injury Lawyer and medical expert can determine if appropriate and timely medical care was provided. Many incidents of blindness from ROP are completely avoidable. Damages resulting from blindness are quite significant which include but are not limited to: medical expenses past and future, educational expenses, personal aide expenses, household assistance expenses, home modifications, transportation expenses, pain and suffering, loss of enjoyment of life, and the loss of services of the child to the parents.

You can read more about the Study at the Duke University Eye Center and other facilities at Early Treatment Helps Prevent Blindness in ROP Patients.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In many school districts including the one in Tucson, Arizona, the school district or school board has a zero drug tolerance policy in the public school system. Crack, Meth, and, even aspirin are prohibited in the school system. There are many cases that have been reported where a child / student was suspended from school for having aspirin, Tylenol, or even vitamins in schools. There should be a distinction between Crack and Aspirin but the zero drug tolerance policy seems to lump all drugs and medications together.

The United States Supreme Court will soon review a case involving a 13 year old middle school student who was stripped search down to her underwear by school officials looking for Ibuprofen. The Federal Appeals Court determined that the search was traumatizing and inappropriate. The legality of the search and the powers of the school district are among the issues before the United State Supreme Court. This strip search has constitutional ramifications that are important to school districts, school officials, parents, and, last but not least, the students.

You can read more about this story at CNN - Arizona Strip Search Case in Public School to be Heard by United States Supreme Court.

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

Mothers are supposed to care and protect their children - not drown and kill them. Tragically, Leatrice Brewer, age 28, did just that. Leatrice Brewer pleaded guilty by reason of mental defect or diseased for crimes committed against her children. Instead of going to prison for life, she will be sent to a psychiatric facility - possibly for life. Psychiatrists diagnosed Brewer with a major depressive disorder when she killed her children. Supposedly, Brewer thought that her criminal acts were saving her children from the dangers of voo doo.

The father of two of the children was not pleased with the plea deal. He is also suing the county officials over the wrongful death of his children. The father, Innocent Demesyeux, stated that the mother should have been judged by a jury of her peers rather than be able to plea out and get sent to a psychiatric facility.

You can read more about this story at Mother Who Killed Three Children Gets Sent to Psychiatric Facility.

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

In Derby, Connecticut, an 11 year old boy had just received his first new bicycle for Christmas. It was a BMX style bicycle, with grinding bars and front handle bars that could spin completely around, allowing for all sorts of cool tricks. A special brake mechanism allowed the handle bars to spin completely around so that riders could perform “extreme” tricks while the front wheel is off the ground, such as a “bar spin.” Unfortunately, when the bicycle was assembled at the store that sold it to the boy’s mom, the brake cables were not properly attached to the discs above the wheel and below the handle bars. A few days of riding and the boy was ready to try some jumps with his friends. On his first jump, he flew only a short distance, but when he tried to stop the bicycle with the front brakes, nothing happened! The fence that loomed just ahead was too close for him to avoid, and he struck it head on. On impact, the boy’s body moved forward off his seat, striking the base of the handle bars, where the brake discs, hard steel plates, were located. This impact caused serious personal injuries: a severe laceration of the boy’s penis and scrotum, requiring immediate hospitalization, surgery and anti-biotics. A lawsuit was filed against the manufacturer, the toy store and the company that assembled the bicycle for the store.

When buying any children’s toy, it is important to know how it is to be properly used. Just as important, you should always check to ensure for yourself that the bicycle is working properly before allowing a child to ride it. And remember, child bicycle helmets are not only a good idea, in many states, they are a requirement. Connecticut Law requires that children 15 and under must wear an approved bicycle helmet whenever they ride.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Retinopathy of Prematurity can cause partial or total blindness in premature infants / babies. Because it is a well known complication with premature births, the American Academy of Pediatrics (AAP) and the American Academy of Opthalmology along with the American Association of Pediatric Opthalmology recommend screening of all babies born prior to 32 weeks or weighing less than 3.5 pounds. Many hospitals lack doctors who specialize in ROP diagnosis and treatment. Even hospitals with a neonatal unit lack an experienced doctor specializing in ROP. Based on this shortage, guidelines for screening should be followed to screen for ROP and provide timely and consistent treatment to attempt to prevent serious permanent eye injuries to premature infants.

Remote screening is one way to deal with the absence of a ROP specialist at the hospital. The Ret Cam is a valuable tool that takes a digital image of the child's eyes. A neonatologist, who does not necessarily specialize in ROP, can direct the imaging and then send them off via computer / internet to a ROP specialist for review, diagnosis, and treatment recommendations.

Time is of the essence in diagnosing and treating ROP. Otherwise, a child can be permanently blinded as a result of delay and inattention. You can read more about recommendations for screening at American Academy of Pediatrics and Other Organizations Recommend Guidelines for Screening of ROP.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Every year, premature children are born. When a premature child is born, it is vital that doctors and nurses provide adequate and appropriate health care and monitoring to prevent the onset of known complications that can be prevented. Retinopathy of Prematurity, otherwise known as ROP, is one of these complications. What is Retinopathy of Prematurity? ROP is a disorder that is potentially blinding to premature infants who are born before 31 - 32 weeks and who weigh 2 3/4 pounds are less. ROP is one of the most common causes of loss of vision to infants. It was first diagnosed in 1942. You can read more about Retinopathy of Prematurity at the Official Website for the National Institute for Health - National Eye Institute.

Complications in the form of blindness from can be prevented in many cases. If parents have questions about the care to a premature infant who has developed ROP, the parents should consult with a Child Injury Lawyer to determine if the care provided met the standard of care and if the blindness could have prevented with better care.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

It is important for day care centers / child care centers to have a properly maintained building and facility in place to comply with the State Board of Education rules and regulations. It is also important to have a properly trained and attentive staff in place. The old saying - "Don't Judge a Book by Its Cover" may apply in instances where there is a beautiful, new and modern day care center but it is staffed with unmotivated and careless day care center staff members. Parents should not just look at the building when considering a day care center. Parents should also look and interview the staff including the administrator, supervisors, teachers, and teacher's aides. Every staff member at a day care center is important. Every staff member can make a difference - some for the better and some for the worse. Under Title 13 A - State of Maryland Board of Education Regulation 13A.16.08.01, a day care center / child care center has a duty to provide each child with individualized attention and care. Each child's individual needs must be met and each child shall be provided with adequate supervision at all times. The supervision of the child needs to be based on the child's age, needs and abilities. The day care operator must consider any special request and instructions by the parents in providing supervision for the child. When a child in Maryland day care center / child care center is using a potentially dangerous items or is engaged in an activity that could cause injury like using scissors or sharp tools, continuous supervision must be provided.

Attentive supervision is key to a chid's safety, well being, and health in a Maryland day care center / child care center. With attentive supervision, many serious personal injuries to children in Maryland day care centers / child care centers can be prevented.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant Section 418-1.9, Discipline, New York Codes, Rules and Regulations (NYCRR), child care centers are prohibited from using corporal punishment for discipline or any reason whatsoever. The New York child care center regulations define corporal punishment punishment directed directly on the body. What does corporal punishment include? It includes spanking, biting, shaking, slapping, twisting, or squeezing the child. It also includes the requirement of excessive physical exercise or forcing or requiring the child to remain in an uncomfortable or bizarre position. Forcing the child to eat certain foods like spicy foods is also a form of corporal punishment.

Unfortunately, many New York child care workers either do not know these laws or just choose to ignore them. In New York and most other States, corporal punishment in any form just does not have a place in a child care center / day care center.

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

Georgia Governor Sonny Perdue has proposed legislation that will require the losing plaintiff / injury victim in a lawsuit to pay attorney fees to the defendant if the plaintiff’s lawsuit is dismissed as lacking “substantial merit.” Under this proposed legislation, if the defendant files a motion to dismiss the plaintiff’s claims on the grounds that the complaint fails to state a claim and lacks substantial merit, discovery will be stayed until after the judge rules on the motion. The practical effect of this provision will be to protect defendants who may very well be liable because the injured plaintiff will be unable to pursue discovery to prove the legitimacy of their claims.

This proposed law could stand into the way of civil justice for many child injury victims. Without discovery and the production of witness statements / depositions and documentation, many claims and viable causes of action will not be able to be pursued by injury victims and their lawyers.

While Georgia’s Governor has stated that the purpose of his tort reform proposal is to encourage business in Georgia, the proposal does nothing to protect Georgia citizens from injury by these same businesses that choose to operate in Georgia. This bill serves as a deterrent to filing suit by individuals, including children, who have been injured through no fault of their own by the negligence of others. To offer comments on this bill to state representatives, Georgia citizens can locate their representatives at Contact Your Georgia Lawmaker.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A State of Washington Court ruled this week that teachers can legally have sex with 18 year old students. This ruling ignited outrage among educators, parents, and psychologists among others. The Washington Court of Appeals ordered the dismissal of a case brought against Matthew Hirschfielder, a former choir teacher at Hoquiam High School. There is a Washington State law that bans sex between teachers and students but the Court ruled that the law was vague as it pertained to sex with an 18 year old. In Washington and other States, 18 year olds are considered adults and not minors under State law.

This Washington legal case illustrates the difference between a violation of the law and a violation of ethics. In addition, the School District may be able to pass an ethics code as to sexual contact between teacher and student that may be used to get rid of teachers who prey on students for dates, sex, and inappropriate relationships.

You can read more about this story at Outrage by Concerned Parents and Child Advocates Follow Ruling Allowing Teacher / Student Sex.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Jackson County, Mississippi Sheriff’s Office arrested Arnold Clark on charges of molestation and touching a child for lustful purposes. The arrest of Mr. Clark in the Mississippi Sun Herald contained few details of the incident or allegations. Mr. Clark is entitled to an attorney and is innocent until proven guilty. What we do not know at this point in time is the evidence gathered or obtained against Mr. Clark or his criminal history.

Many child predators and sex offenders go undetected for years or even a lifetime. Typically, a child predator who is caught, arrested, and guilty of the crimes has committed these heinous acts against children in the past.

Parents and caregivers in Mississippi and other States need to have a watchful eye for any adults that come in contact with their children or who have access to their children. All of us in Mississippi need to ensure we protect our children from predators.

There are several ways to protect our children from predators. One way is to make sure your school conducts background checks on teachers and other employees. There are many articles, books, and websites including the Child Injury Lawyer Blog that post articles and safety tips about this topic. Educate yourself and take the best action that you can to protect your children and others from child predators and sex offenders.

You can read more about the alleged crimes of Arnold Clark at Man Arrested for Molestation / Touching of Child in Jackson County, Mississippi.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Highway 49 in Mississippi continues to be a dangerous highway for many Mississippi drivers, passengers, pedestrians, and bicylists. There are many automobile accidents and trucking accidents on this Mississippi highway. Many of these accidents cause serious personal injuries and deaths. Robert McGill was driving a truck when he ran off the road and crashed. He died at the accident site on at Church Street according to the Mississippi Highway Patrol. The passenger, Angelica Porter, of Hattiesburg, Mississippi, was also injured when she was ejected from the truck.

We must be extra careful on this stretch of highway for ourselves and our children. You can read more about the above crash at Trucking Accident on Mississippi Highway 49 Causes One Death (Robert McGill) and Serious Injuries to Passenger.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maryland, Steven Kruger, age 63, pled guilty to distributing child poronography. Mr. Kruger thought he was sending text / e mails to a 13 year old girl. In reality, he was communicating with an undercover police officer. A meeting was arranged with the "13 year old" undercover police officer and Mr. Kruger was arrested. Kruger will be sentenced in March 2009 and faces up to 20 years in prison for his actions. The Maryland United States Attorney's Office was involved in this investigation. After the arrest, investigators obtained a search warrant for Kruger's computer where investigators found e mails, photos, and other evidence of documenting chid sexual abuse. You can read more about this story at the Baltimore Sun - Windsor Mill Maryland Man Admits to Sending Child Poronography.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety, New York Codes, Rules and Regulations (NYCRR), child care centers must keep many items away from children. Under New York child care regulations, the following items must be kept away from children: lighters, matches, medications, drugs, cleaning materials and supplies, aerosol cans, and poisonous / toxic materials. The child care regulations require that poisonous / toxic materials be stored in their original containers so that the contents are clearly labeled and identifiable.

Items that may lead to or cause choking or strangulation must also be kept away from children. These dangerous items include handbags, backpacks, briefcases belonging to adults, plastic bags, and toys and objects small enough for a child to swallow.

Clearly, many serious personal injuries and deaths to children in child day care centers in New York can be prevented if safety precautions are taken to remove or lock away dangerous items.

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

Anthony Stanci, age 18, has been arrested for blackmailing teenage boys for sex and having sex with minors in Milwaukee, Wisconsin. According to news reports, Stanci set up an account on Facebook, a popular social networking website, and posted as a teenage girl. "Emily" convinced many teenage boys to send naked photographs of themselves to "Emily". Once "Emily" received the photographs, "Emily" then threatened to e mail and send the naked photographs to family and friends if the teenage victim would not have sex with Anthony Stanci. These horribly deceptive and heinous acts resulted in Stanci having sex with teenage boys as young as 15 years old. So far, 31 boys sent Stanci naked photographs of themselves have been identified. Stanci faces many felony counts on this matter. His attorney stated that Stanci may be interested in a plea agreement. Of course, Stanci is entitled to a lawyer and is innocent until proven guilty; however, there appears to be a mountain of evidence in the form of Facebook, e mails, text messages, and witness testimony against Stanci. If there is a conviction or plea deal, Stanci needs to serve a prison sentence and get registered as as sex offender / sex predator.

This story illustrates the dangers of Face Book and the deception that easily takes place on the Internet. Whether a child knows a person or not, naked photographs should not be taken or shared with others. The Facebook is just another tool for those intent on harming and defrauding others. As parents and caregivers, talk to your children about the dangers of Facebook and other networking sites. Take an interests in your child's computer activities to help them avoid the mistakes that the 31 boys made in Milwaukee, Wisconsin. You can read more about this story at Teen Accused of Using Facebook to Blackmail Students Into Sex Acts.

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

Montravious Jones was recently killed by a train in Bainbridge, Georgia. The incident took place near Hutto-McIver Apartments. News reports state that the conductor blew his horn but Montravious did not respond because Montravious was deaf. Montravious was airlifted to a hospital in Tallahassee, Florida but medical care was unable to save the boy's life. This incident involving a freight train will be investigated by the Federal Railroad Administration. The FRA is responsible for the enforcement of safety rail regulations and the development of policies to improve national rail safety.

The FRA will conduct an investigation to determine various issues / facts including but not limited to:
What was the speed of the train?
What was the destination of the train?
What was the visibility at the time of the incident?
What safety precautions were taken by the conductor?
Could the train have slowed or stopped to prevent the incident?
What was the maintenance history for the freight train?
Was the freight train properly loaded and maintained for its route?

News reports of deaths involving trains often leave out important details and facts. The family also can conduct its own independent investigation into the incident through the services of an investigation, accident reconstruction expert, and a Georgia personal injury lawyer.

The death of Montravious Jones is quite tragic. To die at such a young age (17) is such a loss for the family and the community.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Trial has been set for Larry Setzer of Horn Lake, Mississippi who has been charged with two counts of causing a death while driving a car under the influence (DUI) and causing an personal injuries and death. Car accidents by DUI can affect all of us, including our children. At the time of the car wreck Setzer was not drinking but was on a drug called Xanax. Anything that can impair motor skills and alertness including but not limited to illegal drugs, prescription drugs, alcohol, and sleep deprivation put innocent adults and children at risk on Mississippi highways and roads.

The two victims were Jacob Lannom (age 12) and Zachary Lannon (age 15). The boys' mother and a passenger were also hurt. Criminal defense attorneys are attempting to keep evidence of Xanax in Larry Setzer's blood out as evidence for the trial.

For a family to lose two children in one accident is truly tragic. This case and others shows the dangers of drug and alcohol when driving.

You can read more about this story at Lake Horn, Mississippi Man Arrested for DUI Causing Death.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Baltimore Sun has reported that stores in Maryland including Big Lot Stores, Inc. and Dollar General Corporation have stopped selling Elmo's Take Along Card Games, a toy that includes a backpack and playing cards. See Maryland Stores Stop Selling Elmo Toy After Attorney General Investigation. An investigation by the Maryland Attorney General's office revealed that the toy contained high levels of lead in the paint for the toy.

Lead poisoning is also referred to as saturnism, paint's colic, and plumbism. An increased level of lead in the blood can cause neurological medical conditions, kidney problems cardiovascular disease, and reproductive health issues.

While the stores were pulled from Big Lots and Dollar Stores, there are concerns that the toys may end up in other countries where lead level regulations are less strict or do not exist at all.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents in the West Carroll County School District in Tennessee got some disturbing news recently about a Melissa McCord, a 35 year old special education teacher. Apparently, Ms. McCord sent and received sexually explicit photos and notes to a 14 year old student who was dating allegedly dating McCord's daughter. In addition and even more problematic, Ms. McCord had sex with the boy. Ms. McCord admits that she went to a park with the boy but denies that she had sex with the boy. Like most cases of this nature, if Ms. McCord sent and received e mails and / or text messages with photos with the boy, this will be strong evidence should the case go to trial. Of course, all criminal defendants, including Ms. McCord, have a right to representation and trial. In addition, Ms. McCord is innocent until proven guilty under the criminal justice system; however, the allegations as reported in Tennessee do not look good for Ms. McCord. If convicted, Ms. McCord will face a prison sentence. You can read more about this story at Tennessee Student Arrested for Having Sex with Teen Student.

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

Richard Blumenthal, Attorney General for the State of Connecticut, headed up a campaign to remove sex offers and child predators from My Space, a popular social networking site used by children, young adults, and adults. Blumenthal was shocked and dismayed by the number of offenders who got on the site and registered profiles. Blumenthal commented that the numbers were "appalling and unacceptable".

In response to pressure by Blumenthal and others, My Space removed 90,000 sex offenders from the website.

The internet and cyberspace are the new favorite hang outs for sex offenders and child predators. Parents can lock the doors and install alarms. Unfortunately, there are opportunities created through the computer. Allowing child predators and sex offenders on a website with thousands and thousands of children is like hiring a child predator to teach at an elementary school.

It is vital that My Space, Facebook, and other social networking web sites take the initiative to police its sites and remove offenders and predators from the site. Taking away opportunities from child predators and sex offenders will help reduce the number of child victims. You can read more about this story at My Space Kicks Out 90,000 Sex Offenders According to Connecticut Attorney General.

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

Parents and caregivers of children who receive compensation or monetary settlements for personal injury cases should pay attention to the issue of qualification for benefits. Typically, a special needs child receives federal and state benefits based on disability as well as income requirements. If a child receives the proceeds from a personal injury settlement, these funds in a standard bank account could disqualify the child from some of the government benefits in place prior to the injury. Government benefits of this nature include Medicaid and Social Security Income benefits.

Is there a solution? Yes, creating a “Special Needs Trust” will preserve your child’s eligibility for government benefits and offer flexibility that structured settlements cannot offer. A “Special Needs Trust” will not disqualify your child from receiving need-based government benefits such as Medicaid. This type of trust is recognized by federal law and in order to qualify under federal law, must comply with certain strict requirements. If your child has received some kind of personal injury settlement and relies on Medicaid or Social Security Disability for benefits, it may be advisable to set up a Special Needs Trust in order to keep these benefits intact.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Aquan Lewis, a 5th grader at Oakton Elementary School, was found hanging from a hook by a school janitor in the bathroom. The boy was pulled off the hook and was lying on the floor when the janitor entered the restroom.

911 was called and CPR was performed on the child. Aquan was transported to Children's Memorial Hospital in Chicago, Illinois where he was pronounced dead.

Authorities with the school system and the police released few details about this incident. A school spokesman has stated that the incident was an accident. With the few details that have been released, it is hard to determine the accuracy of the statement that it was just an accident.

Children in the public as well as the private school system in Illinois and other States have a right to be educated in a safe learning environment. Elementary school aged children including 5th graders need consistent and diligent supervision to make sure that the children's health, education, and safety needs are met in the school system.

The tragic death of Aquan Lewis raises some important factual and legal issues including but not to the following:

When was the last time that Aquan Lewis was seen or supervised at the school?
How long was Aquan missing before a search was conducted for his whereabouts?
Did any school personnel even know that Aquan was missing?
Who was the last person to see Aquan at the school?
Have there been incidents in the past where a child has been injured in the bathroom?
What kind of security (if any) was in place at the school?
How as it determined that the incident was an accident?
Were there any incident reports made for the incident by the school system?

The death of Aquan Lewis is a great loss for his family, the school, and the community. You can read more about this story at Illinois 10 Year Old Found Hanging in Elementary School Bathroom. Hopefully, the family will get more answers to these questions and others by the school, school district and the police.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 49 year old teacher was arrested for having sex with one of her 14 year old students. The teacher, Rosana Brown, used modern technology to lure the student to a hotel room. Brown text messaged the boy to meet her at a hotel room. The 49 year old text messages showed that she was portraying herself for a sexually active teenager. No amount of technology could disguise the real life Rosana Brown for a school teacher. The boy telephoned his mother after the sexual encounter and informed his mother that he had sex with a teacher. The mother then convinced her son to tell her where the teacher was so that the mother could confront the teacher. That must have been an interesting and uncomfortable situation. Ms. Brown's teaching days appear to be over based on the facts as reported. It appears that her future days will involve incarceration. You can read more about this story at Arizona Teacher Lures Boy to Hotel for Sex - Arrest of Teacher Follows.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.8, Supervision of Children, New York Codes, Rules and Regulations (NYCRR), child care centers must employ staff sufficient to meet the minimum standards for staff to children ratios.

The following staff to children ratios apply to child care centers:

Age of Children Staff to Child Ratio
Under 6 weeks old 1 Staff Member for Every 3 Children
6 Weeks to 18 Months 1 Staff Member for Every 4 Children
18 Months to 26 Months 1 Staff Member for Every 5 Children
3 Years Old Group 1 Staff Member for Every 7 Children
4 Years Old Group 1 Staff Member for Every 8 Children
5 Years Old Group 1 Staff Member for Every 9 Children

There are other rules and regulations when groups are mixed. Also, there are limitations set forth in the regulations as to what age groups can be mixed at what time periods in child care centers.

The facility must employ staff that promote the physical, intellectual, cultural, social and emotional well being of children in the child care center. It is vital that child care centers hire the right people for the job as well as the right number of people for proper supervision of the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mission Viejo, California, a 4 year old girl (Kayley Ishii) died as a result of blunt force trauma. Kayley apparently climbed into a front loading washing machine. Thereafter, it is suspected that her toddler brother may have hit a start switch or button. Since the entry into the washing machine was only 20 inches from the floor and the start button was accessible to a young child as well, this tragedy took place.

The sale of residential front loading washing machines has been on the rise during the past few years. The new washing machines are sleek, come in nice colors, have many settings, and, yes, pose a danger of personal injury and death to small children.

Due to this tragedy and others that may happen, it would be helpful for front loading washing machines to come with a code function. In other words, for safety purposes, have the option of punching in some numbers to start the machine. Some machines may already come with this function. If not, it does not appear that it would take much effort on the part of the manufacturer to require this function.

You can read more about this tragic story at California Four Year Old Dies in Washing Machine.

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

While doing charitable work, delivering meals to the elderly in New York, 61 year old Ronald Marcink struck the rear of a school bus and died. Fortunately, the school bus had no students at the time and the bus driver was not injured. So it was a strange twist of fate that while helping the elderly, Mr. Marcink lost his own life, and yet by luck, his accident, which could have been catastrophic, injured no one else.

It is amazing how many accidents involve yellow school buses. While there are thousands of school buses on our roads in New York and other States, it is still amazing how many drivers are not paying attention and crash into the yellow school buses. Anytime you are on the road - be careful and on the lookout for pedestrians, bicyclists, other motorists, and, yes, yellow school buses. You can read more about the unfortunate death of Ronald Marcink at Crash into School Bus Leads to Death of New York Man.

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

A San Diego, California jury awarded parents $16 million in a medical malpractice case where the parents’ child died during delivery. The parents alleged that the doctors not only committed medical malpractice but also concealed the baby’s true cause of death in the autopsy report. The parents claimed that they were told that their baby died of lung disease when in fact, the baby died of asphyxia caused by umbilical cord strangulation while the baby was lodged in the birth canal.

The parents sued two of the mother’s doctors and the hospital, Sharp Mary Birch Hospital for Women. The verdict was returned on December 5, 2008 following a nine week trial. The jury found that the hospital’s director of pathology committed fraud by making a false representation to the mother as to the baby’s cause of death. The trial court judge has affirmed the jury verdict. You can read more about this interesting case at Judge Gives OK to $16 Million Medical Malpractice Verdict.

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

Cobb County, Georgia police arrested a stepmother who provided alcohol to four teenagers at her home. One of the teenagers was killed later that night in an automobile accident when the car he was driving crossed the center line and collided with another car. Garrett Reed, a junior at Harrison High School, was killed in the accident in which Cobb County police believe alcohol and speed were contributing causes.

While the stepmother has been criminally charged with reckless conduct and furnishing alcohol to a minor, she cannot be held civilly liable under Georgia’s Dram Shop law for the minor’s death. See an earlier blog article posted on January 27, 2009 for more information about Georgia’s Dram Shop law. To read more about this Stepmother's arrest, read the article at the Atlanta Journal Constitution - Stepmother Arrested For Providing Alcohol to Teenagers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Crittenden Unit for Special Investigations (Vermont) uncovered evidence of child abuse and neglect involving a 3 year old child. CUSI officials reported that Manny Francis inflicted serious physical abuse on the 3 year old. The abusive acts included strangulating and burning the child. The child was injured as a result of the incidents. While the injuries were not life threatening, the psychological injuries could last a lifetime.

The abuse of a child by such heinous acts are truly cowardice in nature. Hopefully, the criminal justice system will effectuate a punishment commensurate with the crimes committed against this child. You can read more about this story at Man Arrested for Abuse to Vermont Child - Strangulation and Burning of the Child.

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

A nonprofit consumer group, Consumers Union, is opposed to a decision by the Food and Drug Administration to permit infant formulas manufactured in the United States to be sold when the formula is contaminated with melamine or its byproducts. The FDA detected melamine and its byproduct cyanuric acid separately in four out of 89 containers of infant formula tested in the fall of 2008, including Nestle Good Start Supreme Infant Formula with Iron and Mead Johnson’s Enfamil LIPIL with Iron. The FDA, however, authorized sale of the formulas because melamine and cyanuric acid were not found together in the formulas. According to the FDA, dangerous effects can occur only when both melamine and cyanuric acid are present.

Consumers Union has pointed out, however, that this ruling by the FDA assumes that parents will never feed their babies more than one type of formula. While physicians generally recommend feeding babies only one type of formula, the possibility of parents switching brands because of receiving coupons, samples, gifts, or while traveling exists.

Melamine laced formula has been blamed for six infant deaths in China and for making nearly 300,000 babies sick in China. Representative Rosa DeLauro of Connecticut has called for a zero-tolerance policy for melamine in domestic infant formulas. For more on this story, FDA Guidelines Assume that Parents Will Feed Infants Only One Type of Formula.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety, New York Codes, Rules and Regulations (NYCRR), child care centers must maintain and utilize playground equipment like slides, swings, and climbing equipment according to manufacturer specifications and instruction. The playground equipment must be kept in good repair. In addition, the playground equipment must be age / developmentally appropriate for the child care center children.

In New York, children are frequently injured on playground equipment that is not properly maintained. Infants and toddlers are often times allowed to use playgrounds that are loaded with danger because the equipment is not age appropriate for this group of children. Even if the playground equipment is in good order and age appropriate, child injuries often result from improper or inadequate supervision by the child care center caregivers. Well maintained equipment combined with diligent supervision are keys to the safety of children on New York child care center playgrounds.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Lake Champlain, Vermont ferry crashed into a dock and caused personal injuries to some of the passengers. Apparently, there were mechanical problems with the ferry that caused the engines to shut down. The Vermont State Police reported that some of the injuries were minor. Rescue squads were called the scene to assist with the situation.

It is important for ferry operators to make sure that the equipment and engines have regular, routine maintenance and inspection. Of course, some mechanical failures will result even with regular, routine maintenance. You can read more about this story at Vermont Ferry Crashes into Dock - Some Passengers Injured.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Montgomery County, Maryland high school student (Thiago Andrade, age 17) died in an accident involving a 2003 Toyota Camry that split in half. The car was driven by Johvanny Garmendez, age 17, of Silver Spring, Maryland. The vehicle struck a tree after Johvanny drove off of Veirs Mill Road. The vehicle then went down a grassy hill, hit a tree, and then broke into two sections. Both teenagers were wearing seatbelts.

Montgomery County police and possibly other police agencies will investigate the cause of the accident including evaluating speed, brakes of the vehicle, black box of the vehicle if available, toxicology results, and other factors. Regardless of the cause, the accident is a tragedy for the teenagers, their families, and the community.

You can read more about this tragic accident and see the damage to the vehicle that was halved at One Student Killed and Another Injured in Accident that Split Car in Half

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A trip to the Grand Canyon resulted in the death of 7 Chinese tourists who were passengers on a tour bus. While traveling on a highway near the Hoover Dam, the tour bus crashed which resulted in the death of 7 Chinese tourists and injuries to 10 or more other passengers. Authorities will investigate the crash to determine what caused the accident and if any actions could have avoided the crash. The National Transportation Safety Board will search and inspect the tour bus for clues, information, and details. The tour group from China had flown from Shanghai. During the visit to the United States, the Chinese tourists visited San Francisco and Las Vegas. The tour bus was heading to the Grand Canyon.

In the United States, a person, who is the victim of an accident due to the fault of another person or company, is entitled to compensation for injuries caused by the accident. If the person dies, the family is typically entitled to bring an action due to the death of a family member. Most States do not distinguish tourists from citizens as to legal rights for injuries or death caused by the negligence of another person or business.

You can read more about this incident at Bus Crashes in Arizona Killing 7 Chinese Tourists and Injuring Others.

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

The parents of a teenage girl filed a wrongful death lawsuit following the death of their 18 year old daughter. The girl was shot and killed by Huntington Beach police officers when they responded to a 911 call about a woman walking with a knife in a park. The girl had been partying the previous night and after getting into a fight with her mother, who she attacked with a knife and cut, left the house with the knife. The teenager was later seen at the park with the knife. When told by police to give up the knife, the girl refused and told that police that she was on drugs and to kill her. The girl began running toward the police with the knife and was shot 15 times by policy when she came within eight feet of the officers.

The police were accused by the parents of using excessive and unreasonable force. Both police officers involved in the incident were cleared in an official investigation. The officers’ defense was that they were forced to make a split second decision when faced with a dangerous woman with a knife. To read more about this story see the Los Angeles Times article at Family Settles Wrongful Death Lawsuit for Huntington Beach California Police Shooting.

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

Do You Know Who Your Children Are Chatting With (Online)? is an article posted on the Charlton County (Georgia) Herald Website. The article notes the increasing popularity of My Space, Facebook and other Websites and the dangers that the Internet poses to children. Folkston Georgia Police Chief Wesley Green has good advice for parents. Green thinks that parents should pay more attention to what their children / teens are doing on line. Chief Green advised parents to review the information that children post on the social networking Websites and elsewhere on the Internet. When a child puts his or her personal information on the Internet including their age, school, vehicles, likes and dislikes, and other personal information, it can put them at risks for sexual predators and offenders who prey on children.

Parents can lock their door and put security alarms in their homes. What about the Internet that the children access every day? Where the "locked doors" and "security alarms" now?

Read the Charlton County (Georgia) Herald article and pay attention to the sage advice of Chief Green. In addition, read other articles about the Internet and children. Take the time to understand the Internet and current trends. Also, take the initiative and time to monitor your child's computer use and activities.