Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado lawmakers are considering changes to the State law regarding seat belts. In particular, Colorado law may be changed to include the failure to wear a seat belt as a primary offense. In other words, a driver could be pulled over by a police officer and issued a citation for failing to wear a seat belt. Current Colorado laws require that a driver commit another traffic offense before being cited for the failure to wear a seat belt.

Seat belts save lives and should become the habit of all drivers and passengers with or without tough seat belt laws for Colorado or for other States. You can read more about this issue at Lawmakers Make Another Try to Strengthen Colorado Seat Belt Laws.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Sadly, it is difficult to know who is trustworthy and who is not when it comes to bad acts. In California, a former police officer and radio show host was arrested on charges of child pornography and production of child pornography. The facts of this story unraveled like a television movie. Aaron Aldridge, age 42, was a radio personality on WNTK in New London, New Hampshire. A family member became concerned over his disappearance along with the disappearance of his 19 year old daughter. Police were contacted and searched his belongings including a computer. Investigators found pornographic images on the computer. Some of the images / videos appeared to be from Aldridge's home.

The daughter was eventually found in Orlando / Walt Disney World Florida area. Aldridge was eventually tracked through a coordination of several law enforcement agencies and then arrested in San Bernadino County, California.

Of course, Aldridge is entitled to a legal defense but his innocence can be questioned by his efforts to flee the jurisdiction as a fugitive on the run.

You can read more about this story at Radio Host and Former Police Officer from New Hampshire Arrested in California.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Christian County (Hopkinsville) Kentucky middle school student was arrested for bringing a gun to school. The boy, age 13, brought the gun to school and showed it to other students. It was a .45 caliber handgun with ammunition. While the weapon was not fired and it does not appear that the student intended on using the gun, the presence of the gun in the middle school did create a danger to the students and teachers. The gun could have accidentally been fired. Another student could have grabbed the gun and discharged it. The gun could have been used to threaten others. The combination of the gun with teenagers in a school system was a dangerous. Fortunately, nobody was injured or threatened with the gun.

You can read more about this story at Kentucky Middle School Student Arrested for Bringing Gun to School.

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

Family dogs are members of the family. Unfortunately, the family dog / family pet can sometimes be a very dangerous animal. In Eastpointe, Michigan, a Pit Bull Terrier mauled and killed a 1 year old boy. The father then killed the dog. The dog was shot with a handgun. The boy was taken to St. John Hospital where he was pronounced dead. Lt. Darrell Corsi stated that the incident would be investigated further.

Pit Bulls and other breeds appear frequently in the news regarding attacks on children and adults. The dog feels threatened or becomes aggressive and then attacks. Sometimes, there is no warning whatsoever to the attack. I would caution families with small children about getting a Pit Bull or other aggressive breeds. Speak to a Veternarian and do some research before putting your children in danger.

You can read more about this tragic attack in Eastpointe, Michigan at Pit Bull Fatally Mauls and Kills Michigan 1 Year Old.

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

In yet another case of unfortunate and preventable deaths, a two month old baby has died due to being smothered while sleeping with an adult. For the third time in two months, an infant has died in Milwaukee, Wisconsin as a result of what is known as co-sleeping or bed-sharing. The Milwaukee Health Department has documented that between 2004 and 2007, 72 of 120 Milwaukee infants who have died have done so when sharing a bed with parents, other children or caregivers. Due to the growing concern of this phenomenon and the recent deaths, the City of Milwaukee Health Department has launched a safe sleep awareness campaign by posting a demonstration on YouTube, preparing videos. issuing guidelines for safe sleep and preparing pamphlets for distribution.

You can read more about co-sleeping and the associated risks and dangers at Infants at Risks for Injury When Co-Sleeping with Parents or Caregivers.

The American Academy of Pediatrics also recommends that infants not share a bed with others, due to established hazards and concerns. You can read safety tips and recommendations at Safe Sleeping Recommendations for Infants.

There is no doubt that alcohol or drug use by adults is often an issue in these infant deaths with adults being impaired and not sufficiently aware of their actions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bullying is a problem that is present in day care centers, elementary and middle schools, and high schools and beyond. To better deal with bullying issues, it is often helpful to study and better understand the psychology and interactions involved with bullying. A University of Florida study indicated that girls were more likely to defend bullying victims than boys. Of course, this does not mean that girls do not bully. Some of the most brutal bullying incidents both psychological and physical have been committed by girls. As noted by University of Florida researchers, there has been a lack of recognition and study of kids who try to defend victims of bullying or stop the bullying incidents from taking place or continuing. The National Youth Violence Prevention Resource Centers estimate that over 5.7 million children are involved in bullying incidents as either the bully or the victim.

It is important to recognize and understand the importance of the defenders. In particular, it would be helpful to know:

What kind of children are more likely to defend against bullying?

What techniques or approaches are best utilized by defenders against bullying?

Why do some children step in to help while others do nothing?

What are the dangers involved in being a defender against bullying?

What are the fears against defenders of bullying?

Yes, bullying is a serious problem nationwide that needs to be better understood by children, parents, caregivers, teachers, administrators, day care workers, police officers, and others.

You can read more about the University of Florida study at Best Bet Against a Bully May be a Girl According to Researchers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Text messaging is in full force in Pennsylvania and throughout the United States. Unless you have been locked in your house and have not been around any teenagers or adults for that matter, you should know about text messages. It is a tool. It is a game / toy. It can also be dangerous. Like anything else in life, moderation is important unless, of course, you are attempting to break some kind of record and want notoriety. The maxim should still apply "as long as nobody gets hurt". Anyway, in Pennsylvania, two mean (Nick Andes, age 30, and Doug Klinger, age 30) spent the hours upon hours upon hours text messaging each other to try to break some kind of record. To Nick's dismay, he received a bill of $26,000 for his excessive text messaging acts. Nick did have unlimited texting under his plan so the bill is being investigated and should be resolved in Nick's favor. To me, Unlimited means Unlimited so Nick's carrier should not be charging him any more than the fixed charges.

The text messaging adventures of Nick and Doug are silly and, to some, a waste of time. Text messaging can be a helpful tool. It has also lead to serious personal injuries and wrongful death when the person text messaging is distracted. Driving, walking, biking, and other activities should take precedence over texting. People, especially children and teenagers, have literally walked into traffic and have been killed because they were busy text messaging, talking on the mobile phone, reading a text, or reading an e mail. Be safe. Be aware. As parents and caregivers, we should remind our children and others of the dangers of text messaging and distractions. You can read more about the text messaging adventures of Doug and Nick at Pennsylvania Men Attempting Text Messaging Record Get Big Bill.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Apple Computer recently removed a disturbing application / game from the App Store called Shaken Baby. The premise of the game involves a graphic of a baby crying. When the i phone is shaken, the baby stops crying and two red Xs then form over the baby's eyes. It is a sick joke of a game with truly no viable punch line. While we live in a country of free speech, private companies like Apple have the ability to censor improper, immoral, and unacceptable content. While Apple for some reason initially approved this game for download, Apple eventually came to its senses and removed the game / application from the App Store.

Child safety activists like Patrick Donohue, founder of the Sarah Jane Brain Foundation, were upset with this application and wrote a letter to Steve Jobs and others at Apple in protest of this application. The Sarah Jane Brain Foundation is dedicated to children suffering from Pediatric Traumatic Brain Injuries.

The dangers and lifelong injuries that result from Shaken Baby Syndrome are no jokes and significantly affect the lives of the children and their families for a lifetime. This application / computer program really has no redeeming value and should have never even have been approved for download through Apple's App Store.

You can read more about this story at Apple Pulls Shaken Baby i Phone Application from the App Store.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former teacher recently was sentenced to 4 years for molesting a 14 year old in a hotel room. Daniel Axtell, age 38, is a former Huntington Beach, California middle school student. In December 2008, he pleaded guilty to 6 felony counts for lewd acts on / with a 14 year old. Axtell met the girl at Talbert Middle School in Orange County, California. Like many child predators / sex offenders, Axtell gained the trust of the child and her family. During a two month period in 2005, Axtell took the girl to hotel rooms for sex. The acts were calculated and planned. Certainly, Axtell knew that he was breaking the law but this did not stop his illegal and immoral acts.

You can read more about this story at Former Teacher Sentenced for Hotel Sex with Minor in Orange County, California.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

USA Today reported on school killings in schools since 1983. A map published by USA Today illustrated school killings in elementary, secondary and post secondary schools across the nation. The map is interactive in that a reader can click on a geographic area or incident to find out more details on the school killings.

Children are sent to school to learn, socialize, and interact with other children. Schools should be havens of education and safety. Schools should not be the site of violent crimes. It is tragic that any child dies as a result of violence that takes place in a school. Educators and administrators should do their best to safeguard schools to prevent or reduce the incidents of school violence. You can view the interactive map and read more about school kills at U.S. Map - School Killings and Violence.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Schools in Arizona and other States have a balancing act to perform every day. Administrators and teachers must balance safety / order with the constitutional rights of the students. Savana Redding, a former student at Safford Middle School in Arizona, was strip searched in the school when Savana was in eighth grade. Savana is now 19 years old. School officials suspected that Savana had Ibuprofen. The search yielded no drugs whatsoever. After all of these years, Savana's case is still pending. School officials questioned Savana and then performed the search when another student claimed that Savana gave the student prescription strength Ibuprofen. Savana sued the Safford School District. A court later determined that Savana's constitutional rights were violated and she was entitled to compensation for her damages. You can read more about this case and other cases involving searches in schools at Strip Searches in Schools - Student Rights and Causes of Action.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Police and law enforcement in Phoenix Arizona are conducting an investigation following the stabbing death of an 18 year old student. A Chandler high school teacher was in the center of a dispute / fight between her current boyfriend, who was also a former student, and the 18 year old according to police.

Tamara Hofmann, age 48, called Sam Valdivia to come to her house. Sam, 18, went to Hofmann's house after this late night call. Sixto Balbuena, 20, who was Hofmann's boyfriend, found Hofmann naked in the house and Valdivia in his boxer shorts. It does not appear that teacher and student were up late at night study math or English.

Balbuena was quite upset and took a kitchen knife and stabbed Valdivia with the knife according to court documents. Valdivia later died of stab wounds after being seen at a local hospital.

Hofmann was suspected of having improper sexual relationships in the past but was allowed to keep on teaching. Hofmann obviously showed poor judgment and broke the law if she did indeed have sex with a person under the age of 18 years old.

You can read more about this story at Love Triangle Involving High School Teacher Leads to Stabbing Death.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Medical technology and advances are bringing forth more mobility to children and adults alike. An amazing video shows a 5 year old walking with artificial / prosthetic legs. Some children are born with birth defects while others suffer serious personal injuries as a result of automobile accidents, pedestrian accidents, bicycle accidents, day care injuries, and other types of incidents. Whatever the cause, medical advances cannot simply erase the injuries but can give a child mobility or a better life in order to help cope with the injuries. Watch this inspiring video to see how this 5 year old has been helped with artificial legs. See 5 Year Old Walks with Artificial Legs.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The internet and social networking sites are often times distractions to students. Yes, the computer is a tool. It is also a toy. Anyone online can get distracted from the work at hand and wonder off to other sites including Facebook and My Space. A recent study showed that college students using Facebook studied less and had lower grades than the students that did not use Facebook. The study was conducted by Aryn Karpinksi, a doctoral student at Ohio State University.

Of course, there are many factors that go into a person's study habits and grades. Like anything else in life, moderation is one key to success.

You can read more about this story at Facebook Users May Have Lower Grades in College.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, schools, and organizations rent bounce houses every day. Yes, bounce houses can be fun but they can also be dangerous. Bounce houses are known to be a common area where personal injuries to children take place. When renting a bounce house, parents, schools, and organizations should be careful in which company / operator is selected. The following issues / questions should be considered:

Is the bounce house owner / operator insured?

Did the bounce house owner / operator provide you with a copy of the insurance?

What experience does the bounce house owner / operator have?

What training did the bounce house owner / operator receive?

What safety measures are put in place by the bounce house owner / operator?

Does the bounce house owner / operator provide supervision of the bounce house?

For the safety of the children, the following measures should be put in place:

* a tarp should be placed underneath the bounce house;

* the bounce house should be staked down or alternatively weighted down with weights or sandbags;

* the bounce house should be thoroughly inspected once it is inflated to make sure that there are no holes or tears in the unit;

* the bounce house should be attended by the owner / operator or other adult while in use by the children;

* children under the age of 3 should be kept out the unit;
(Safety experts may disagree on this age requirement or minimum age for use of bounce houses.)

* children of mixed age ranges and sizes should not be in the unit at the same time. In other words, it would be dangerous to have 12 year old children bouncing around with a 4 year old children.)

* the maximum number of children should not be exceeded.

There are other safety measures and procedures that can be utilized as well. Even with careful planning and supervision, injuries can still take place on or around bounce houses. It is clear, however, that the implementation of safety measures can reduce the incidents of personal injuries sustained in and around bounce houses.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Redding, California, a woman thought it would be a good idea to text message and drive at the time time. In fact, the woman was electronically paying her bills online while driving. Due to her inattention and the distraction as a result of texting while driving, Deborah Matis-Engle crashed into a line of stopped vehicles. As a result of the automobile accident, one woman died and was the unfortunate wrongful death victim of this avoidable crash. The victim, Petra Winn, was 46 years old and died as a result of personal injuries suffered when her vehicle bursted into flames after impact.

Debroah Matis-Engle was criminally prosecuted for her crimes and was recently sentenced to 6 years in prison for the wrongful death of Petra Winn.

In California and other States, drivers should pay close attention to the road, other vehicles, pedestrians, bicyclists, trucks, and trains. Paying bills online while driving is certainly negligent and evinces the kind of conduct that is reckless. You can read more about this story at California Driver Gets 6 Years for Texting, Causing Fatal Crash.

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

In Queens, New York a bizarre incident occurred. A man called 911 to report that he thought that he struck a pedestrian. For some unknown reason, though, he did not stop. The pedestrian, was then hit by a second car. Instead of stopping at the scene, not realizing that he had hit the pedestrian, the second car continued on his trip, for 17 miles into Brooklyn! He was stopped by a pedestrian in Brooklyn who told him that there was something being dragged under his SUV. It turned out to be the pedestrian, who he had hit a county away. He was dead and unfortunately, partially dismembered.

You can read more about this tragic and deadly accident at Body Dragged for 17 Miles in Queens New York.

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

A Glynn County Georgia mane was recently charged with crimes of pornography and child exploitation. Harrell Hall, age 56, used his computer to make plans to meet a 14 year old according to Captain Marissa TIndale of the Glynn County Police Department. The most disturbing part of the story is that Mr. Hall is a computer technician. This is frightening in that Mr. Hall has a good bit of knowledge of computer and the internet which he has chosen to put to use by luring teenagers for meetings. While Mr. Hall communicated with what appeared to be a 14 year old girl, it is not clear if the "14 year old" was really an undercover agent. It is the intent of the criminal defendant that counts in cases of this nature. If Mr. Hall believed that he was communicating with a 14 year old, he was up to no good and is certainly a danger to other teens who may unknowingly be in danger from such predators.

This investigation was completed by Glynn County Police Department detectives as part of the Georgia Internet Crimes Against Children Task Force.

The evidence in these cases lacks a "paper trail" but certainly has a computer or internet trail that can be quite overwhelming and convincing.

You can read more about this story at Georgia Man Arrested for Child Pornography and Child Exploitation.

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

Internet chat rooms serve as playgrounds for child predators looking to take advantage of children. In many instances, a child predator is able to lure the child not only out of the home but out of the child's home state. William Joe Mitchell recently appeared in federal court and pleaded guilty to the charge of the interstate transportation of a minor for sex. Mr. Mitchell met a 15 year old girl in a chat room online and knowingly transported a child that he knew was underaged from Bartow (Polk County) Florida to Anadulsia, Alabama. These acts were in violation of Title 18, United States Code 2423 (a) which makes it a crime to transport a child under the age of 18 with the intent of having sex. Mr. Mitchell also violated Alabama law which makes it a crime for a person over the age of 16 to have sex with a child under the age of 16 when there is more than a 2 year age difference between the defendant and the child. Mr. Mitchell was 46 years old at the time of the crime. For his crimes, Mr. Mitchell faces a prison term of at least 10 years.

The investigation, arrest, and prosecution of William Joe Mitchell were pursued as part of Project Safe Childhood. This program helps coordinate efforts to locate and apprehend child sexual predators between local, state, and federal law enforcement agencies.

You can read more about this story at Florida Man Admits to Crime of Interstate Transportation of a Minor for Sex - Faces Prison Term of 10 Years or Longer.

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

In Dayton, Ohio, a 4 year old student brought in a candy box. However, this lunch box was filled with marijuana and confiscated by school officials. Instead of chocolate or candy, school officials found marijuana in the candy box. The incident took place at Gorman Elementary School. Police reported that there was quite a lot of marijuana in the candy box. The parents of the child denied possession or knowledge of the drugs. Obviously, it is quite dangerous for children to bring in marijuana and other drugs into the school system. You can read more about this matter at Drugs Found in a Candy Box in Dayton, Ohio.

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

People take their parking lot spaces very seriously. Sometimes, people put too much effort and anxiety into parking spaces. In Detroit, Michigan, a 17 year old girl was shot after her father and another man had an argument. Police reported that the argument may have been over a parking space at a Detroit Coney Island. Following the argument, two vehicles left the parking lot but the argument and tempers continued to the point that the driver of one of the vehicles (a Ford SUV) into the other vehicle that was occupied by 17 year old - Octavia McLawrence.

The shooting and senseless death of this 19 year old are under investigation and the shooter is on the loose.

You can read more about this story at 19 Year Old Shot After Parking Lot Dispute in Detroit, Michigan.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Schoolyard fights and brawls have been around since there have been schoolyards. Technology and the Internet are increasingly being used to video / document schoolyard fights. Many children think it is cool to see their fight online and to show the world online their fight skills and the harm done to other children. Websites including You Tube show hits or the popularity of the video clip which encourages some children to fight and post more. A website dedicated to children safety called wiredsafety.com notes that schoolyard fights posted online and on You Tube are a problem.

You Tube has a procedure for tagging videos involving schoolyard brawls or violent acts. Eventually, You Tube may pull the video. The problem is that You Tube accepts so much content that it is difficult to weed out or pull all violent videos / schoolyard fights of this nature.

Some students post videos of fights at schools or other identifiable locations. This, in turn, can help school and law enforcement officials identify the bullying teens and prosecute them.

Schoolyard fights are well beyond kids fun and mischief. These fights cause both physical and emotional injuries to children. You can read more about this story at Schoolyard Fights and Bullying Causes Personal Injuries to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bensalem, New Jersey police report that John Lackner, a 44 year old dentist, communicated with an uncover officer who posed as a 14 year old girl. Lackner's screen name was "Amorous Stallion" and according to police, he was up to no good. On March 24, 2009, Lackner arranged to meet with the "14 year old girl" for sex. The plan was to meet at a Bensalem, New Jersey video rental store and then have dinner followed by sex. Lackner planned the meeting and encounter very carefully from sending a video of himself to the "14 year old girl" to sending her money so she could buy a mobile phone. Once the undercover agent received the phone, conversations were recorded between the undercover agent and Lackner.

Lackner, who lives with his wife and two children, faces serious criminal charges that can result in the suspension of his dental license and a prison term.

You can read more about this story at New Jersey Dentist Arrested After Trying to Arrange Sex with an Undercover Agent Posing as a 14 Year Old Girl.

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

In Long Island New York and other areas, all too often we hear of school bus accidents and fear the worst—a child being injured or killed due to the negligence of school bus drivers and other drivers on the road. It’s horrible when a negligent vehicle causes an accident involving a bus. Its even more frightening when the accident is caused by the school bus driver him/herself. On a small road in Eastport Long Island, one student suffered a hand injury and three others were taken to the hospital as a precaution when a mini-school bus skidded off of the road, hitting a pole and trees. It is odd that the vehicle skidded as there was no snow or ice on the ground at the time. While we cannot control the operation of the school buses by the drivers, it is very important to obey all New York traffic laws and take extra caution when approaching school buses that carry our most precious children! You can read more about this story at Long Island New York School Bus Accident Causes Personal Injuries to Children.