Posted On: May 31, 2009

Children Exposed to Violence At Risk for Psychological Distress / Post Traumatic Stress Disorder Symptoms

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

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Violence comes in many forms in today's world. Children are affected by violence very day. Some suffer physical personal injuries from assaults, battery, sexual molestation, shootings, fights, and bullying. Others suffer psychological injuries or mental pain and suffering from acts of violence. Some children suffer both physical and psychological injuries from acts of violence whether the children are the actual victims or targets of the violence or just witness the violence.

Symptoms of PTSD include attention problems, sleep problems, intrusive thoughts, nightmares, flashbacks, and other symptoms of psychological distress.

Dr. Shakira Franco Suglia at the Harvard School of Public Health located in Boston, Massachusetts, conducted previous research on children. He identified a disruption of the stress hormone called cortisol in children with a diagnosis of PTSD. Dr. Suglia another now believe that they have found similar findings in children living in urban communities who are exposed to community violence.

Psychological distress often manifest itself in behavioral and developmental issues. It can have far reaching affects on a child from his or her functioning at home, school, and with friends.

You can read more about this story at Children Exposed to Violence At Risk for Psychological Distress.

Posted On: May 30, 2009

Children Who Die from Over The Counter Cold Medicines Are Very Young

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A medical study, conducted by a doctor at University of Colorado along with other colleagues, reports that children, who die from over the counter cough and cold medicines, are often times very young. Directions on boxes and containers of OTC (over the counter) medications are very important. It is also important to read the counter-indications for such medications. When administered appropriately, over the counter medications are typically safely consumed by the child with little to no side effects. The medical study study reported in the Annals of Emergency Medicine determined that deaths that take place typically involve children under the age of 2 years old. Cough and cold medications and products can cause severe reactions, injuries, and death from toxicity.

You can read more about this story at Young Children Most at Risk for Toxicity from Over the Counter Cough and Cold Medications.

Posted On: May 29, 2009

Massachusetts School Bus Driver Fired After Text Messaging While Driving

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

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In Massachusetts and other states, school bus drivers should pay close attention to driving and supervising the children on the bus. School bus drivers should not use mobile phones while driving and certainly should never text message while driving. School bus drivers who allow themselves to become distracted by such technology put children in danger and, yes, risk the loss of a job. In Massachusetts, a school bus driver was caught texting and driving on video on a student's mobile phone. First Student, the school bus company based in Cincinnatti, Ohio fired the bus driver who was driving Clinton, Massachusetts students from Assabet Valley Technical High School.

You can read more about this story and actually see a You Tube video of the incident at School Bus Driver Caught Texting on Massachusetts Route.

Posted On: May 29, 2009

10 Year Old Girl Suffers Burn at Unmanned Tanning Salon

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Tanning studios / beds can cause harm to both adults and children. A 10 year old in South Wales (United Kingdom) recently suffered 70 % burns after spending just 16 minutes in an unmanned unsupervised tanning studio. The girl was later treated at the Welsh Centre for Burns and Plastic Surgery. Doctors believe that the girl would have needed skin grafts had the girl spent a little bit more time in the tanning studio.
The girl's mother (Kelly Hannaford) said that incident happened during school break. Due to the incident and harm done to her daughter, Ms. Hannaford wants all unmanned tanning studios shut down.

In my opinion, children should not use tanning beds / tanning studios at all. Adults can make this judgment on their own. Before using a tanning studio or tanning bed, do some research and discuss the health risks with your doctor. Ideally, it would be best to have the advice and consultation of a dermatologist before using a tanning bed or tanning studio.

You can read more about this story at 10 Year Old Girl Suffers Burn at Unmanned Tanning Studio.

Posted On: May 28, 2009

Mississippi Parents Lose Temporary Custody of Their Children For Making Methamphetamine

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

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Parents making methamphetamine has caused them to lose all three of their children. The Harrison County Sheriff’s Department arrested George Vincent and Amber Driscoll for felony child endangerment. A relative came and picked the children up. This is yet another unfortunate situation involving parents and drugs.

Methamphetamine is dangerous for children to ingest or even breathe in the vapors during the manufacturing process.

You can read more about this story at Mississippi Parents Lose Temporary Custody of Children for Making Methamphetaimine.

Posted On: May 28, 2009

Mesa Arizona High School Graduation Party - 2 Dead and 4 Injured

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In May and June of each year, there are high school graduation parties. This should be a time for celebration and reflection of the milestone of graduating high school. Unfortunately, some high school graduation parties turn from sites of celebration to sites of tragedy, personal injuries, and death. In Mesa, Arizona, a police officer and 10 year old child were injured at a high school graduation party. Another man and woman were killed at the party while two others were injured by gunshot wounds. There are many reasons why disputes take place at high school parties. Sometimes, it is a fight over a girlfriend or boyfriend. Sometimes, it is alcohol or drugs that make people violent unreasonable, or dangerous. When you combine any of this with the use of a gun, there can be trouble.

Some homeowner's insurance policies cover gun related injuries and deaths while others do not. The policy must be read thoroughly and carefully to determine the appropriate coverage under the policy. The injured parties and the families of the wrongfully killed guests may be entitled to coverage under a homeowner's insurance policy. An Arizona personal injury attorney / lawyer can read the policy and advice victims and their families of their respective rights to compensation under the law and under the insurance policy.

You can read more about this story at Mesa Arizona High School Graduation Party - 2 Dead and 4 Injured.

Posted On: May 28, 2009

Technology Shows What Madeleine McCann and Other Missing Children May Look Like

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Some children have been missing for years. Some families are fortunate enough to be reunited with a missing child. Others are not. Technology can aid law enforcement and the public in locating missing children. The disappearance of Madeleine made international headlines. In 2007, Madeleine was 3 years old. Today, she would be 6. She disappeared on a family vacation in Prai da Luz, Portugal. An expert working at the National Center for Missing and Exploited Children created the digital image using prior photographs of the child. The parents recently appeared on the Oprah Winfrey Show to publicize the photo, technology, and ongoing search for their daughter.

You can read more this story at Image Shows What Missing Tot (Madeleine McCann) May Look Like.

Posted On: May 27, 2009

Medicaid Can Limit Services to Special Needs Children According to 11th Circuit Court of Appeals Decision

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

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In an 11th Circuit Federal Court of Appeals decision, the court reversed a federal district court opinion that held the State Medicaid program must provide the level of nursing services deemed necessary by a disabled child’s doctor. This case involved a North Georgia teenager who suffers from mental retardation and cerebral palsy. Her doctor ordered 24 hour in home nursing care.

While the district court found that this amount of in home nursing care was an abuse of the Medicaid system, the district court nonetheless held that the State’s policy of refusing to provide in home nursing care for 16 to 24 hours per day for more than a week was also inappropriate. The district court held that this refusal by the State was no based on what is medically necessary for the patient.

On appeal, however, the 11th Circuit reversed the district court and held that both the State and the private physician have roles in determining what is medically necessary for the patient. In so holding the Court relied on a federal regulation that permits states to place appropriate limits on a service based on such criteria as medical necessity or on utilization control procedures. The Court has remanded the case to the District Court for further proceedings. Essentially, the 11th Circuit, although reversing, has passed the buck back to the District Court to further address the role of the State and the doctor in determining what care is medically necessary for this disabled child.

Posted On: May 26, 2009

Illinois Day Care Center / Child Centers - Are Day Care Centers Required to Carry or Have Liability Insurance to Cover Personal Injuries, Medical Bills, and Related Damages?

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

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In Illinois and other States, the negligent acts of day care center employees and owners frequently lead to an innocent child being injured. When a child is injured, there are medical bills and related expenses. There are also damages related to the mental and physical pain and suffering of the child. When a child is injured as a result of negligence, neglect, abuse, or neglect in a day care center, parents can pursue a personal injury claim, case or lawsuit. In matters of this nature, liability insurance can be pursued for these damages. Unfortunately, liability insurance companies and their adjusters frequently delay or fail to pay a fair settlement on a case. The injured child and his or her parents deserve their own representation by a child injury lawyer / attorney in cases of this nature. It is vital that the child is compensated for his or her injuries that in many cases do last a life time.

Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has a duty to maintain liability insurance coverage in the amount of $300,000 per occurrence. This is a specific requirement pursuant to the Illinois Administrative Code. While it is a requirement, not all day care centers comply with this very important standard.

Posted On: May 25, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for Accidents / Incidents for the Reporting and Documentation of Personal Injury Sustained at a Day Care Center?

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

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In Illinois and other States, children are frequently injured at a day care center. Some incidents are mere accidents that could not be avoided even in the best of circumstances. Other injuries result from negligence, negligent supervision, improper maintenance, abuse, neglect, and, yes, from intentional acts of other children or employees of the day care center. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has duty to report and document injuries or illnesses that take place at the day care center. In particular, any accident or injury requiring professional medical care, death or other emergency services shall be documented in the child's record and verbally reported to the child's guardian or parent. In addition, these incidents or observations shall be reported to the appropriate local licensing office of the Department of Children & Family Services. The day care center must notify the Department in writing within 2 days of the incident.

Documentation and reporting are vital so that parents are duly notified of these incidents and illnesses. Furthermore, it is important for the Department to be notified so that the Department can step in when a matter is serious or when there are numerous occurrences at one facility.

Posted On: May 24, 2009

North Carolina Day Care Center / Child Care Centers - What Standards Apply as to Activities?

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

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Child care centers / day care centers in North Carolina have a duty to supervise children in a safe learning environment. There needs to be an educational or activity component to the day care center as well. Facilities are subject to the regulations set forth in the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 509 - Activities - General Requirements for Centers, facilities or centers have a duty to provide age and developmentally appropriate equipment and materials for the children that are accessible on a daily basis. The materials and equipment utilized by the child care center should help promote the child's social, emotional, physical and intellectual development. In other words, child care centers have a duty to provide a meaningful and educational experience for the children rather than mere, bland supervision. With respect to the materials and equipment used, the child care center should make sure that that they are free from toxic materials, pesticides, lead based paint, and / or other potentially harmful poisons to a child. Each day that weather permits, the child care center must provide for outdoor play that helps with large muscle development. North Carolina child care centers should strive to provide an environment that is physically and intellectually beneficial to the child in every respect. Unfortunately, some North Carolina child care centers / day care centers fail to follow the regulations and are, in fact, negligent in the care and supervision of the children. This, in turn and as a direct result of, causes serious personal injuries to North Carolina children.

Posted On: May 24, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for Transportation of Students / Children via School Buses, Vans and Other Vehicles?

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

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In Illinois and other States, day care centers have the duty to properly supervise and protect children while in the facility, while outside the facility, and while transporting the children to and from home, activities, and field trips. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.280, the day care center has the following responsibilities as to transportation:

*Driver must have a valid driver's license and be 21 years of age or older;

*Driver must have a medical examination by a physician showing fitness to drive;

*Driver must have a good driving record with no more than two moving traffic offenses within a twelve month period of time;

*Driver has a duty to see that each child enters and exits the vehicle from the curb side of the street and / or is safety conducted across the street.

*Driver should make sure that a responsible person as designated by the child's parents or guardians take charge of the child when the child arrives or is delivered at his or her destination.

*Driver has a duty to maintain order on the day care transportation vehicle for the safety of the children.

*Driver shall inspect the vehicle after each trip to make sure that no child is left behind.

There are many other safety requirements set forth in the Illinois Administrative Code for day care centers and transportation. It is important for day care centers to follow these regulations and others to insure the safety of children while being transported. Unfortunately, many drivers are careless in their driving and / or supervision of children while being transported. These careless and negligent actions often times lead to child personal injuries that could have otherwise been avoided.

If an Illinois child is injured while being transported by a day care center, there are many issues that arise:

*How did the accident take place?
*Was the accident avoidable?
*What insurance applied?
*How are my child's medical bills going to be paid for or covered?
*What is the legal liability or responsibility of the day care center?
*What is the legal liability or responsibility of other drivers?

For transportation related injuries or automobile accident related injuries, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the accident / incident report, police report (if any), fire rescue records, medical records, medical bills, photographs, and other documentation / information regarding the incident / accident.

Posted On: May 23, 2009

Missouri Prosecutors Seek Prison Term for Mother Who Orchestrated My Space Hoax

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Social networking websites like My Space and Facebook are seen as a tool and a toy. Others see these sites as weapons as well when people go online to bully children, defraud children, and / or to otherwise harm children. In Missouri, Lori Drew was convicted of three misdemeanor counts of accessing computers without authorization. Ms. Drew went on My Space and posed as a teenage boy who was supposedly interested in a girl named - Megan Meier. Ms. Drew went online to find out information and to ultimately humiliate and cause mental pain and suffering to a vulnerable 13 year old girl who eventually committed suicide. While Ms. Drew was not convicted of crimes that caused the death of this child, Ms. Drew's actions are still criminal and she has been convicted. It is a shame that a mother got involved in the manner that she did and caused such heartache for Megan Meier. This case made national headlines as a cyber bullying case. As you can see, anybody is capable of being a cyper bully even a mother that lives down the street. Parents should spend their time supervising children and teaching them good habits and manners. Instead of parenting her child, Ms. Drew inserted herself into this situation which had a tragic ending. You can read more about this story at >Missouri Prosecutors Seek Prison Time for Mom Convicted in My Space Hoax.

Posted On: May 23, 2009

Pennsylvania High School Orders Shot Glasses as Prom Favors - Poor Judgment and Message for Students

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, underage drinking among high schoolers is a big problem. Teenagers often lack good judgment when drinking alcohol. They do not know their own limits, understand the true effects of alcohol, and do stupid things while under the influence of alcohol. At Warwick High School in Lancaster County, Pennsylvania, shot glasses were ordered as prom favors. Yes, high school students drink. This is no secret; however, giving out shot glasses as prom favors really sends the wrong message. Eventually, school officials recognized the fact that this was the wrong message but somebody should have caught the order much sooner. Lesson learned. You can read more about this story at High School Ordered Shot Glasses for Prom Favors in Lancaster County, Pennsylvania.


Posted On: May 23, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply as to Accident, Incident, and Injury Reports?

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

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When a child is injured in a North Carolina day care center / child care center, parents have a right to be informed as to the details and circumstances of the incident, accident, and injury. It is stressful enough for the parents to have to deal with the trauma, pain, suffering, confusion, and fear from a child being injured. It is even more stressful when parents are "kept in the dark" as to the details of the incident. How did the incident happen? Who was around when the incident took place? What caregiver was in charge? What kind of supervision was in place? Did the injury result from inattention or negligence? Was another child involved? Was the injury or incident preventable? These questions along with many others come to a parent's mind when a child is injured. North Carolina child care centers / day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules. Under Section 802 - Emergency Medical Care, a facility has a duty to provide a parent with an incident report when a child receives medical treatment by a physician, nurse, or other medical providers as a result of an incident or accident at a child care center. The incident report should be prepared by the facility and then signed by the parent. Thereafter, the child care center is required to send a copy of the incident report to the Division of Child Development, Department of Health and Human Services.

Posted On: May 23, 2009

Naked Pick Up Truck Driver Crashes into St. Alexius Hospital in Bismarck North Dakota

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Dakota and other states, drivers get behind the steering wheel of cars and drive when they are under the influence of drugs and alcohol. Some are so inebriated or drugged out that they lack the necessary judgment and motor skills to safely operate a motor vehicle. In Bismarck, North Dakota, a driver (Nicoholas Krush) was arrested for DUI (Driving Under the Influence) when his pick up truck crashed into St. Alexius Hospital in Bismarck. At the time of the crash, the driver was not only impaired but he was also undressed. Yes, he was naked at the time of the crash. News reports state that the driver may have overdosed on prescription medications. Fortunately and quite miraculously, no one was injured in this accident.

Mr. Krush will need a good criminal defense attorney /lawyer to represent him on this matter.

You can read more about this story at Naked Driver Arrested for Crash into Hospital in Bismarck, North Dakota.

Posted On: May 22, 2009

Georgia Teacher Appeals Conviction for Having Sex with Student

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

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The Georgia Supreme Court heard arguments recently in an appeal by a Georgia teacher who was convicted of having sex with a 16 year old student at her school. The teacher was convicted under Georgia Code Section 16-6-5.1 which provides a 10 year mandatory sentence for any “custodian or supervisor” who has sexual contact with anyone who is enrolled in a school.

The Augusta, Georgia physical education teacher, who is a female, had a sexual relationship with a 16 year old female student who initiated the relationship with her teacher. In the first step of the appeals process, the Georgia Court of Appeals held that the girl could not consent to the sexual relationship and that this statute was designed to impose criminal penalties for this type of consensual relationship between a teacher and a student.

The teacher’s attorney then appealed that ruling to the Georgia Supreme Court. In oral arguments this week, the teacher’s attorney argued that a 16 year old is not a minor and can make her own decisions about sex. The prosecutor, however, argued that the State of Georgia has a compelling interest in protecting students in the public school system. A decision by the Georgia Supreme Court is forthcoming.

Posted On: May 22, 2009

Religion versus Healthcare - What Is In the Best Interest of the Child? Wisconsin Parents Criminally Charged with Death of 11 Year Old Daughter

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

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Madeline Kara Neumann died at the tender age of 11 years old in Wisconsin. Madeline had an undiagnosed and untreated condition - diabetes. With proper treatment, Madeline could have and would have lived a long and full life. Unfortunately, Madeline was deprived of the medical care that she so desperately needed. Madeline's death and the criminal prosection of her parents Leilani Neumann and Dale Neumann has raised the debate of religion versus healthcare - what is in the best interest of the child? Yes, we have freedom of religion in this country; however, the best interests of a child must be considered when weighing healthcare decisions versus religious preferences of the parents. This is especially true when a child's life has been lost. The Neumann's believed that their daughter's illness was a test of faith or a challenge to her spirituality. Unfortunately and tragically for Madeline, no amount of prayer or faith healing was going to medically treat her diabetes. Medical science has made great advances in the diagnosis and treatment of diabetes over the years. This is a proven fact. While prayer does have a place in society and is important to so many families like the Neumanns, the needs and best interests of the child must be considered. A jury will ultimately decide the fate of the Neumanns. You can read more about this story at District Attorney - Girl Whose Parents Prayed to Defeat Illness - Suffered a Needless Death.

Posted On: May 22, 2009

Seven Year Old Shot in Liberty County, Texas Dies from Gunshot Wounds

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

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In Liberty County, Texas, a seven year boy (Donald Coffey, Jr) was shot when a property owner believed that he was a trespasser. Tragically, Donald died from the gun shot wounds. Donald was shot in the head after he and three other people took a break from off roading in an area about 40 miles outside of Houston, Texas.

The property owner (Sheila Muhs and her husband, Gayle Muhs) were charged with counts of aggravated assault for the shootings. It is uncertain from news report what these landowners found about small children off roading with their father. Shooting a small child in the head just because he was trespassing or appeared to be trespassing just does not make sense in in this case appears to be criminal. Yes, property owners should be able to protect their property with reasonable force; however, it does not appear that a 7 year old taking a break to go the bathroom presented much of a threat to be dealt with by a shot gun blast to the child's head. You can read more about this story at Texas 7 Year Old Dies from Gunshot Wounds.

Posted On: May 22, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply as to the Condition of Indoor Equipment and Furnishings?

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

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Working parents and caregivers in North Carolina rely on day care centers to provide their children with a safe environment free from hazards and dangers. Standards are in place that regulation North Carolina child care centers / day care centers under the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 602 - Condition of Indoor Equipment and Furnishings, the facility must keep all items in good repair and in useable condition. Equipment and furnishings must be sturdy, stable and free from hazards or dangers that may injure a child. This would include sharp edges, lead based paints, splinters, loose nails, and other dangers. Broken equipment and furniture really has no place in a day care center. These items should be removed or kept locked away from children to avoid harm to the children. Day care centers should anchor or secure any items that may tip or fall on a child. In Jacksonville, Florida, a child died when a TV set fell on the child. (See ">Jacksonville Florida Dies When TV Set Falls on Child.) While this incident took place in a private home, it is still a good teaching point for day care centers to secure or anchor all heavy items to prevent a tragedy of this nature from taking place. Safety and compliance with regulations are vital to the protection of children in North Carolina day care centers / child care centers.

Posted On: May 22, 2009

Baby Sitter in Provo Utah Gets Up to 15 Year Prison Term for Child Abuse Homicide

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Utah and other states, parents entrust their children to baby sitters with the expectations and hopes that the child will be properly cared for and protected. Unfortunately, some children are harmed by babysitters due to lack of supervision, inexperience, negligence, neglect, and, in some cases, due to intentional acts of violence. It is well know that shaking a baby can cause serious personal injuries including brain damage and wrongful death. In Provo, Utah, a baby sitter (Danielle Ruiz), age 27, was recently sentenced by Judge David Mortensen for the wrongful death / child abuse homicide of 5 month old - Brandon Zamora. Prosecutors presented a case of child abuse homicide caused when Danielle Ruiz lost control and shook the baby causing brain damage and other injuries leading to the death of the child. Ms. Ruiz begged the judge for leniency and probation but the Judge noted that this crime was too serious to impose a mere sentence of probation.

You can read more about this story at Provo Utah Baby Sitter Gets Up to 15 Years for Boy's Death.

Posted On: May 21, 2009

New Ulm, Minnesota Mother Arrested for Depriving Son of Necessary Medical Care

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Minnesota and other states, some parents are choosing religion over necessary life saving medical care. In New Ulm, Minnesota, a judge issued an arrest warrant for Colleen Hauser after she missed a court hearing and fled with her son who has a treatable but potentially fatal condition - Hodgkins Lymphona. Daniel Hauser's condition is curable with necessary treatment (chemotherapy and radiation). Daniel's parents instead choose to treat Daniel with herbal supplements, water, and natural type of products. Seeing that it is the year 2009, it really defies good sense and good parenting to ignore proven medical science in favor of products that just fill a child up with hope rather than a proven cure. You can read more about this story at Minnesota Mom - Arrest Ordered for Resisting Medical Treatment for Son.

Posted On: May 21, 2009

New Hampshire - 11 Year Old Boy Shoots BB Gun At Classmates - Investigation as to Propriety of Sale to Minor

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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BB guns are weapons that can lead to serious personal injuries and wrongful death. BB guns and toy guns are especially dangerous when others believe that BB guns are high powered fire arms. Parents should keep in mind that a weapon is a weapon. This advice applies to BB guns. Parents and caregivers should supervise their children any time that children use a BB gun.

In Salem, New Hampshire, an 11 year old boy bought a BB gun at a flea market. He subsequently brought the BB gun to school and shot some classmates. An investigation is under way to see how the 11 year old was able to purchase the gun from the vendor at the flea market. It appears if the 11 year was the actual purchaser for the BBI gun without his parents - then the vendor may end up facing criminal charges in New Hampshire.

You can read more about this story at 11 Year Old New Hampshire Boy Shoots Other Students with a BB Gun.

Posted On: May 21, 2009

Two Pelham (New Hampshire) High School Students Arrested for Bringing Toy Gun to School

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In New Hampshire, two high school students were arrested for bringing a toy gun to school. Another student had noticed the gun on the hallway floor and notified school officials. In the abundance of caution, school authorities contacted law enforcement who then went to the school to investigate. Police found the plastic toy gun with an orange tip in a locker. In response to the situation, the school was put on lockdown. Parents were notified via text message and other means and also went to the school.

While the toy gun that was recovered looked very much like a toy, school officials and law enforcement are better to err on the side of safety than take guesses as to the existence and severity of the dangers.

You can read more about this story at 2 Arrested After Toy Gun Recovered at Pelham High School - New Hampshire.

Posted On: May 21, 2009

Georgia Statute Limits Child's Financial Recovery in Medical Malpractice Lawsuits

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

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In 2005, the Georgia General Assembly severely limited an injured child’s, as well as injured adults, right of recovery in medical malpractice actions. With the passage of the Tort Reform Bill, the Georgia legislature limited recovery for pain and suffering to $350,000.00 against a health care provider such as a doctor or a hospital. In the event that more than one entity is named in a medical malpractice action, the child can recover $350,000.00 from each named defendant but can never recover more than $1,050,000.00.

While no recovery limit was placed on “economic damages” (damages for medical expenses and lost income), this limit on “noneconomic damages” will often leave a child without an adequate remedy for pain and suffering that could last for a lifetime as a result of medical malpractice that occurred when the child was quite young. There has been no appellate decision yet in Georgia affirming or overturning this statute. To read this statute see Official Website for the Georgia Leglislature.

Posted On: May 21, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply as to Safety Indoor and Outdoor Safety?

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

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In North Carolina and other States, personal injuries to children result from unsafe child care centers / day care centers and negligent supervision. In North Carolina, child care centers are regulated by North Carolina child care centers / day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 601 - Safe Environment, child care centers have a duty to provide children / students with a safe indoor and outdoor environment. Hazardous items should be kept away from children or in the alternative - adult supervision should be provided when children are around or exposed to potentially hazardous items. Furniture and furnishings should be child size and proper height for children. Outdoor play equipment including playground equipment should be appropriate for the age and development of the child. It is important that day care centers / child care centers follow these regulations and others for the health, safety and welfare of the children.

Parents and caregivers should review the North Carolina Administrative Code and other regulations to become educated on the requirements for day care centers. A North Carolina child injury lawyer / attorney can provide legal advice as to rules, regulations, laws, medical bills, medical treatment, and other matters when a child is injured in a North Carolina day care center / child care center. A diligent day care center that follows the rules and regulations can help prevent unnecessary harm and personal injuries to children.

Posted On: May 21, 2009

Chippewa County Wisconsin Man (Raymond Knez) Sentenced to 9 Months in Jail for Shooting Pets in Front of Children and Causing Mental Harm

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

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In Chippewa County, Wisconsin, Raymond Knez was sentenced to a 9 month jail term for shooting 6 pets to death in front of children causing mental harm to the children. News report indicate that Mr. Knez was drinking before he got his gun and started shooting pets around the house. Mr. Knez pleaded no contest to the charges and admitted to reporters that it was a stupid drunken reaction to the situation. Chrystalyn Adcock, Knez's girlfriend, was sentenced to 50 hours of community service.

These heinous and criminal acts should have been punished. Some may argue that a person has a right to own a gun, use a gun, and shoot an animal which, in many states, is considered a piece of property like a couch. Nevertheless, the mental health of a child should be considered. Mr. Knez committed these acts under the influence of alcohol and apparently in anger. Inflicting this kind of mental distress on any person, especially a child, should be a crime that is punishable by a jail sentence, community service, and a fine.

You can read more about this story at Wisconsin Man Who Shot Pets In Front of Children Gets Jail Sentence and Community Service.

Posted On: May 21, 2009

Teen Arrested at Washington High School (Milwaukee, Wisconsin) for Bringing Gun to School

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

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An 18 year old student was recently arrested at Washington High School in Milwaukee, Wisconsin. The student was seen carrying a gun in his waistband. The principal called the student into his office and took the .22 caliber semi-automatic weapon / hand gun.

Attentiveness and quick thinking on the part of the principal and staff at Washington High School led to action and safety measures at the school. Fortunately, no one was harmed and the gun did not play a part in the shooting or harm to any teacher or student at the school.

You can read more about this story at Milwaukee Wisconsin Teen Arrested for Bringing a Gun to School.

Posted On: May 20, 2009

Craigslist in Atlanta Georgia Investigated for Child Prostitution

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

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The website Craigslist.com in Atlanta is under investigation by law enforcement agencies for its use as a child prostitution site. A non-profit child advocacy organization claims that in February, 2009, 176 girls were advertised on Craigslist in Atlanta, Georgia. The FBI has filed charges against two individuals for taking nude photographs of a 17 year old girl and then uploading them onto Craigslist. According to the FBI charges, the two individuals who were charged worked for two days as a prostitute, providing her earnings to the two individuals who have since been charged.

Craigslist reached an agreement with the attorneys general of more than 40 states, including Georgia, in November, 2008. Under this agreement, Craiglist requires posters of erotic services to pay a fee and give a valid credit card. While this agreement had an initial impact on the number of erotic postings, the number of erotic postings of children has since risen again. To read more about this story see Problems with Craigslist Pornography and Child Prostitution.

Posted On: May 20, 2009

Baby Suffers from Seizures After Swallowing Crack Cocaine - Guardian Charged with Child Endangerment

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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An Erie Pennsylvania woman, who was guardian of a baby girl who swallowed crack, has been arrested and charged with child endangerment. Roxane Robinson had the legal responsibility for the health, safety and welfare of a 1 year old child. Unfortunately, Ms. Robinson failed in these responsibilities. Police reported that a 1 year old child was transported to Hamot Medical Center after being found to be unconscious after having seizures. Doctors later found cocaine in the child's system.

Parents, guardians, and caregivers who expose children to drugs are putting these children in real danger. Children do no understand or appreciate the toxicity of drugs or the lasting effects of drug ingestion. When a child is exposed to drugs, the child is at risks for serious personal injuries and even death. You can read more about this story at Baby Has Seizures After Swallowing Crack - Guardian Arrested in Erie, Pennsylvania.

Posted On: May 20, 2009

Arizona Pastor Indicted on Charges of Sexual Exploitation of a Minor, Failure to Register as Sex Offender and Kidnapping

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Buckeye, Arizona, prosecutors have filed indictment charges against Pastor Charles Carfrey. The Maricopa County Attorney's Office has charged the Pastor with sexual exploitation of a minor, failure to register as a sex offender and kidnapping. Charles Carfrey worked as the pastor of The Lord's House Church. The Pastor pleaded not guilty on these serious criminal offenses.

The charges stem from acts allegedly committed in 2004 and 2005. The Pastor is accused of sexual intercourse with four girls with ages ranging from 15 to 17. He is also accused of knowingly restraining another person with the intent to inflict death, physical injury, or sexual offense upon her.

The Pastor is certainly entitle to defend himself on this matter. Unless there is some sort of conspiracy against the Pastor, it appears to be a tough up hill battle to defend this matter. If all victims come forward to testify, how will the Pastor or his attorney defend such a case? The article reported in the news stated that the Pastor failed to register as a sex offender. As such, what was his criminal past? Were there prior problems at this church or another church?

Once a Pastor, Priest, Rabbi, or other religious leader is convicted or pleads guilty to sex offenses with a child, that religious leader should be removed from the church or religious institution. Furthermore, no other church or religious institution should put this person in a position around children. It unfairly exposes children to a danger or risk of assault, battery, and / or sexual exploitation.

You can read more about the story of Pastor Charles Carfrey at Arizona Pastor Indicted on Sex Charges.

Posted On: May 20, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for Incident, Accident, and Injury Reporting by the Day Care Center?

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

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In Illinois and other States, children are injured or become ill in day care center playgrounds every day. It is important for day care centers to timely respond to the injury / illness, document the injury / illness, and contact the parents about the injury / illness. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.310, Health Requirements for Children, a day care center has a duty to contact the child's parent or parents at the phone numbers provided in the file. If the day care center cannot get in contact with or reach the parents, the attempt to contact the parent(s) should be documented in the file. Major and even minor accidents are required to be documented and recorded in the child's file. Reports of incidents or injuries should be prepared by the person in charge or responsible at the time of the incident / injury. The following information should be documented in the report: time of injury, place of injury, and factual details on how the injury occurred. When medical care is provided, a statement signed by a physician detailing the nature and extent of the injury is also required documentation for the child's Illinois day care file.

Documentation is important and helpful in investigating a case involving neglect or negligence in a day care center. Of course, documentation is not always complete or accurate. Furthermore, day care centers document the incidents that take place in the facility. As such, in many instances, the day care center leaves out vital information in an attempt to mask or cover up the incident. For parents dealing with questionable, unexplained or confusing incidents as reported by a day care center, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child due to negligent supervise, negligent playground design, or negligent playground maintenance deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

Posted On: May 19, 2009

University of Georgia Listed as a Top Party School - Dangers and Responsibilities of Being a College Student in Georgia

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

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When considering where colleges with your teenager, Playboy magazine offers its own unique listing of colleges in the country—the annual listing of the top party schools in the nation. Considering categories such as bikinis, sex, campus life, sports, and brains, Playboy ranked the University of Georgia Number 7 nationally. UGA even received bonus points for having the “hottest sorority girls in the country.”

UGA has consistently ranked high as a party school and in recent years has made efforts to lower their rankings by imposing rules about student drinking. Notwithstanding these efforts, even a serious ranking of colleges, the Princeton Review, places UGA at number 7 for party schools. To read more see Party College / School Rankings - University of Georgia Makes the List.

Readers of our blog might recall a posting in January about a University of Georgia college student who took partying too far. That student went to a party, got drunk and tried to drive herself home. When she stopped at a stop sign, she passed out. The police found her passed out behind the wheel of her car at the stop sign. See University of Georgia Student Stopped at Stop Sign - Passed Out Drunk.

College students have a responsibility as adults to drive with due care and caution andto refrain from dangerous conduct that may affect the health, safety, and welfare of themselves and others. Peer pressure is alive and kicking in colleges through the nation. When you combine peer pressure, immaturity, drugs, and / or alcohol in any combination, serious personal injuries and wrongful death can result.

Posted On: May 19, 2009

Livingston County Woman and Daughter Arrested for Underage Drinking Party

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

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In New York and other states, minimum drinking ages are established by legislatures for the health, safety and protection of children and young adults. It is not up to a parent or other adult to determine if an underaged teenager is mature enough to drink. It does not matter if the drinking takes place in a person's home, bar, restaurant, or public place. A crime is a crime. Underage drinking is problematic because it often times leads to automobile accidents and other incidents causing serious personal injuries and wrongful death. In Livingston County, New York, a mother (Karen J. McCarty - age 46) and her daughter (Morgan J. McCarty - age 16) were arrested for having an underaged drinking party. When deputies arrived at the party, they found several intoxicated underaged teens. Two of the girls were so drunk that they needed to be taken for medical treatment and evaluation at Nicholas H. Noyes Memorial Hospital. When choosing between being a child's "cool" parent and "responsible" parent, go with the "responsible" parent choice. Otherwise, a parent risks getting arrested. Furthermore and more importantly, providing underage kids alcohol can lead to drastic consequences. You can read more about this story at Livingston County Mother and Daughter Jailed for Underaged Drinking Party.

Posted On: May 19, 2009

Lewiston, Maine Man (Joshua Whitlock) Charged with Sexual Assault Including Crimes Against a Child Under the Age of 12

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

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In Maine and other states, many sexual offenders and child predators leave many victims with permanent psychological and physical injuries until they get caught. Even after getting caught and serving prison time, many offenders re-offend and harm even more victims. In Lewiston, Maine, Joshua Whitlock was recently arrested and charged with with sexual assault including crimes against children under the age of 12 years old. At the time of the recent arrest, Mr. Whitlock was on probation and was a registered sex offender.

Having a registered sex offender in place is helpful but these kind of registry programs in no way fully protect children and other victims when these offenders and predators are released from prison. Mr. Whitlock will be appointed a public defender or, in the alternative, will hire a private criminal defense attorney to represent him. Mr. Whitlock's current crimes should be judged on the evidence of these crimes; however, it is hard to ignore his past crimes or his propensity to victimize others. You can read more about this story at Lewiston Maine Man Charged with Sexual Assault.

Posted On: May 19, 2009

Child Abuse and Neglect in Ohio - Dad Accused of Putting Boy in an Oven

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

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An Euclid, Ohio dad has been arrested for several criminal charges including child endangerment, attempted murder and assault on a firefighter. Sammy G. Hunter, Jr. faces these serious criminal charges from incidents that took place at his home. It was reported that Mr. Hunter got high, turned on his oven, and tried to shove his son inside the oven. The baby's mother stopped Mr. Hunter from doing this. Mr. Hunter then tried to start a fire in the home that had a natural gas line. Firefighters responded to the scene. Then, Mr. Hunter assaulted firefighters. Of course, Mr. Hunter was arrested for these allegations. He pled not guilty to the charges.

Mr. Hunter will be entitled to an attorney to represent him on the criminal charges. One of the witnesses was the child's mother. I suspect that there is a history of domestic violence in this household. The local police and child welfare agencies will conduct an investigation into this matter.

You can read more about this story at Euclid Ohio Father Accused of Trying to Put Child Into an Oven.

Posted On: May 19, 2009

Baton, Rouge Louisiana 13 Year Old Arrested for Having Firearm in School

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Baton Rouge, Louisiana, school officials and law enforcement may have help avoid a disaster in the form of a school shooting by taking action to arrest a 13 year old and remove an assault rifle from school grounds. At the Southeast Middle School on Harrells Ferry in Louisiana, a 13 year old brought a military style Ruger mini 14 assault rifle to school and place the rifle along with high powered rounds of ammunition in his locker. Other students informed school officials that the weapon was inside the student's locker. Telling school officials about a dangerous weapon was wise and brave of these students who, in turn, may have helped save the lives of fellow students and teachers. Within five minutes of receiving the information, school officials contacted the resource police officer and located the gun.

Tragedy was avoided in that no students suffered personal injuries or death by a student on a mission to harm others with this assault weapon. School officials and police should be commended for quick, calm action that helped diffuse a very dangerous and potential deadly situation. You can more about this story at
Louisiana Middle School Student Arrested for Bringing Assault Weapon with Ammunition to School.

Posted On: May 19, 2009

State of Kentucky Fines Western Kentucky Day Care Center for Poor Supervision of Children

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Kentucky, working parents put children in day care for proper supervision and education during the work day. Parents expect that day care workers will properly watch the children and insure that the children are kept out of harm's way. In particular, day care workers should supervise children within the day care center and make sure that children do not wander or get out of the facility. The Little Angels Day Care Center in Mayfield, Kentucky was recently fined by the State of Kentucky after an investigation was conducted regarding a 2 year old who was found wandering outside of the facility unescorted and alone on or near a busy street. This day care center had prior incidents of children wandering outside of the day care center in the past as well.

Children lack good judgment and are at risk for being hit by a car and other dangers when the children are unsupervised. This is the very reason that children are placed in day care centers and not left alone at home. Day care centers are in place to reduce risks and dangers to children - not to enhance the dangers with poor supervision. Fortunately, no children were serious injured and no children died from the inadequate supervision; nevertheless, the risks and dangers were there and I believe that a fine and other sanctions are appropriate when these incidents take place. You can read more about this story at State of Kentucky Fines Western Kentucky Day Care Center.

Posted On: May 19, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for the Care and Supervision of Infants and Toddlers?

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

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In Illinois and other States, day care centers have a duty to supervise the needs of very young children (infants and toddlers). Families and single parents alike rely on day care centers so that parents can work their jobs or attend school to better themselves. Infants and toddlers, due their age, size, immaturity, and poor judgment need supervision and care commensurate with their needs and abilities.

Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.210, Special Requirements for Infants and Toddlers, day care centers must properly train staff members in the care and treatment of infants. In particular, a day care center must have a licensed physician, registered nurse, licensed practical nurse, or licenses physician assistant with training in infant / toddler care provide instruction to staff members in the proper health of infants and toddlers.

The day care center must also provide separate space for infants and toddlers to keep them away from older children except in smaller facilities with ten or fewer children. A sink and toilet must be readily available for the infant / toddler program for accessibility and for sanitary needs in caring for infants and toddlers. Electrical cords are deemed to be dangerous and hazards. As such, no extension cords shall be used in areas where children are permitted. Play equipment available to infants and toddlers in the day care center must be free from hazards or dangers to infants. Hazards or dangers would include objects with sharp edges, rough edges, and toxins. Small objects that a toddler or infant could swallow are also consider hazards or dangers. Toys must be duly cleaned and disinfected daily.

There are several regulations regarding food / nutrition, food storage, feeding, and sleeping / napping for day care centers that supervise infants and toddlers.

Day care centers should follow the standards set forth in the Illinois Administrative Code. The health, safety and welfare of each child in the day care center are paramount. Day care centers that repeatedly violate the standards and requirements are putting children including infants and toddlers at greater risk for child personal injuries in the day care setting.

For parents dealing with questionable or unexplained incidents leading to personal injuries in a day care center, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child deserve legal representation to make sure that compensation is duly paid for the benefit of the child and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

Posted On: May 18, 2009

Bronx, New York Toddler Survives 3 Story Fall from Building

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

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In Bronx, New York and other cities, apartment complexes and condominiums pose certain hazards for children. In particular, child suffer serious personal injuries including fractures, brain damage, and wrongful death from falls out of apartment / condominium windows. Many apartment buildings have windows that can be accessed by a toddler. It is important for parents, caregivers, and the landlord to provide for the safety needs of the child. Child proof locks and safety bars or gates can help prevent injury. Alarms can also be installed to alert a parent or caregiver that a window has been accessed or tampered with. While these safety measures and others are helpful, close parental supervision can help prevent many fall related injuries from apartment / condominium windows.

In Bronx, New York, a 2 1/2 year old boy recently fell 30 feet from a 3rd story apartment window. He survived the fall with only minor injuries. Many other children who fall out of or through windows are not as lucky and often times suffer serious and permanent personal injuries. See New York City Toddler Survives Three Story Fall from Window.

Posted On: May 18, 2009

Iowa Sex Offender Website - Tracking Sex Offenders and Mapping Sex Offender in or near Your Neighborhood

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

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In Iowa and other states, a sex offender database has been established to keep track of sex offenders, child predators, and others who have been convicted of crimes that pose a risk too others and especially children. Iowa requires registration for all individuals who have been convicted or adjudicated of a criminal offense against a minor, a crime of sexual exploitation, or a sexually violent crime on or after July 1, 1995. The registry allows citizens and residents in Iowa to access this important information and take necessary precautions that parents and others deem fit to protect themselves and their children.

You can look up particular sex offenders, search for registered sex offenders near an address, and access other important information at the Official Website for the Iowa Sex Offender Registry.

Posted On: May 18, 2009

Colorado Man Arrested for Leaving Child Unattended in Bathtub - Child Drowned

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Colorado and other states, just a few minutes or more of inattention can lead to serious child personal injuries and, in some instances, wrongful death. In Denver, Colorado, a 7 month old baby died while his father was taking out the trash. As a result of this incident, the Denver Colorado District Attorney's Office has charged the father (Thomas Ashley) with child abuse. Mr. Ashley was bathing his son but left his son in the water while he made a telephone call and took out the trash. Firefighters were called to the scene; however, their efforts were not enough to save this child from this most unfortunate and preventable death. Stories like this show the important of supervision of children especially around water including bathing time. Mr. Ashley could have taken the telephone call later and the garbage certainly could have waited. Parents - keep on task when bathing a child. As you can see, it is very dangerous to multi task when bathing a child. You can read this story at Colorado Child Dies from Drowning As Father Takes Out Trash.


Posted On: May 18, 2009

Improper and Abusive Punishment in Illinois Day Care Center - Hot Sauce Punishment Case Heading to Trial in July 2009

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

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In Harrisburg, Illinois, the criminal trial of a day care worker will be heading to trial in July 2009. Christi Bailey, age 28, is accused of punishing children in the Illinois day care center by putting hot sauce on their tongues when the children misbehaved. Bailey is also charged with counts of assault and battery for slamming a child into a wall and dragging another child into an office. Ms. bailey faces a total of 7 criminal counts for her alleged improper care and abuse of the childrenin a Harrisburg, Illinois day care center.

Unfortunately, abusive and neglectful day care and child care workers are out there physically or psychologically abusing children in Illinois day care centers. Of course, there are plenty of good day care centers and many admirable and caring day care workers as well. One child abused or neglected in a day care center is one child too many. When a child is abused or neglected, criminal prosecutions like the one against Christi Bailey should proceed forward. It is vital that day care workers treat children with respect, dignity, and due care. It is well know that children will misbehave and fail to follow directions. After all, they are children. It is not surprising that a child will misbehave. Day care workers and owners should be prepared to deal with these kind of issues without physically abusing children. You can read more about this story at Illinois Day Care Center Hot Sauce Case Heads for Trial in July 2009.

Posted On: May 18, 2009

Illinois Day Care Center / Child Centers - What Standards Apply to Outdoor Play Areas / Playgrounds?

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

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In Illinois and other States, children are injured in day care center playgrounds every day. Many injuries would have been prevented if the day care center properly supervised the children playing on the playground and properly maintained the playground equipment including swings, monkey bars, slides, stairs, see saws, and ladders. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.390, Outdoor Play Areas, day care centers are required to maintain the playground areas and equipment in a safe, clean, and sanitary manner. The outdoor play equipment should be of safe design and in good repair. Day care center owners and employees should inspect the equipment to make sure that the equipment is free from sharp points, sharp corners, wood splinters, exposed /protruding nails, rusty or loose mechanical parts, glass, lead based paints, and / or other hazardous or poisonous materials. Climbing equipment shall be securely fastened or anchored to the ground to prevent tipping over, balancing issues, or other dangerous conditions. Swings should be composed of rubber or impact absorbing materials. Wood and metal seats shall not be used. If children under the age of five years age use the playground equipment, guards or precautions should be implemented to prevent strangulation type of personal injuries. As you can see, there are numerous regulations in place that require a day care center to make its outdoor playground areas reasonably safe. While all injuries are not preventable on playgrounds, simple measures can be put in place and maintained to prevent injuries to children in Illinois day care centers.

If a child suffers personal injuries in an Illinois day care center playground, it is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child due to negligent supervise, negligent playground design, or negligent playground maintenance deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

Posted On: May 17, 2009

California Day Care Centers / Child Care Centers: What Rights Do I Have as a Parent?

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

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In California, parents depend on day care centers / child care centers to properly supervise their children. Children need to be treated with due care, dignity, and respect. While the parent is not technically the person enrolled in the California child care center, the California Department of Social Services, the agency that licenses and regulates child care centers, requires that child care centers give the notice and sign an acknowledgement of receipt of the notice.

Parents have the following rights:

1. The right to enter the child care center whenever children are being cared for in the facility. Advanced notice is not required.

2. The right to file a complaint or grievance against the child care center with the licensing office for the Department of Social Services.

3. The right to review the public file from the Department of Social Services of the licensee.

4. The right to access reports of licensing visits by the Department of Social Services and complaints against the child care center during the last 3 years.

You can review the above rights and other rights contained in the notification form at California Department of Social Services - Child Care Center - Notification of Parents' Rights.

Posted On: May 17, 2009

Iowa Law - What Is Considered Child Abuse?

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

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Tragically, children are abused in Iowa every. Some incidents of child abuse are reported and investigated by the Iowan Department of Human Services. Many, however, go unnoticed and unreported as the abused child injuries and needs remain hidden from authorities, law enforcement, teachers, family members and others. Every person who knows of or who suspects child abuse has a duty to report the suspected abuse / neglect. The Department of Human Services has the authority to conduct an assessment of a child who is allegedly the subject of child abuse. There are eight categories of child abuse as set forth in Section 232.68 of the Iowa Code. The categories are the following: physical abuse, mental injury, sexual abuse, child prostitution, exposure of children to drugs or presence of illegal drugs, denial of critical medical care, manufacturing or possession of drugs, and bestiality in front of a child.

If a child is abused or neglected in a school, day care center, summer camp, or other institution, a parent or caregiver may be able to pursue a civil case against the abuser through the services of an Iowa child injury attorney. A child should be given a voice and legal representation to seek compensation for the physical and psychological injuries resulting from the abuse and neglect.

You can read more about definitions of child abuse and how to report allegations of child abuse to the Department of Human Services - Abuse Under Iow Law and Reporting Requirements

Posted On: May 17, 2009

California Man (Danny Michael Harvey) Sentenced to 36 Years in Prison for Child Pornography

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

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Federal authorities snared an extremely dangerous child predator. Their efforts have removed an extremely dangerous person from the community. Danny Michael Harvey used his computer to enter chat rooms. One such chat room catered to child pedophiles. An undercover federal agent responded to a post by Mr. Harvey. The agent claimed he was a grandfather with the sole custody of a 4 and 5 year old child. Mr. Harvey informed "the grandfather" that Mr. Harvey wanted to sexual molest the 5 year old granddaughter and films the acts. Mr. Harvey then purchased a lap top, other items, and a plane ticket and flew to Anchorage, Alaska from Lancaster, California. Mr. Harvey was arrested. Fortunately, this was an undercover operation and no children were harmed. It is quite frightening to read about this story. Mr. Harvey planned this trip and (in his mind) conspired with "the grandfather" to perform heinous, illegal, and immoral sexual acts on a 5 year old girl. Thank you federal authorities for removing Danny Michael Harvey from the communities of Lancaster, California, Anchorage, Alaska, and any others in which he could have abused or molested young children. You can read more about this story at California Man Sentenced to 36 Years for Child Pornography.

Posted On: May 17, 2009

Alaska Mom Uses Her 7 Year Old Son as a Designated Driver - Poor Judgment and Alcohol Use

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Drinking and driving or driving under the influence is a danger in every city and town throughout the United States. Alaska is no exception to the dangers. in Fairbanks, Alaska, a mom used a different approach to dealing with the dangers of driving under the influence. This mother used her 7 year old son to drive her car. According to Alaska State Troopers, the mother was passed out next to her son. Karen Koch was charged with reckless endangerment and permitting an unauthorized person to drive a motor vehicle. You can read more about this story at Alaska Mother Uses Her 7 Year Old Son to Drive Her Car - Mother Passed Out Drunk in Car.


Posted On: May 17, 2009

Alaska Teens Accused of Stuffing Child's Mouth with Gravel

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Alaska and other states, teenagers often times bully, assault, and attack younger children. Police in Galena, Alaska arrested two teenagers who attacked a 5 year old boy and shoved gravel and dirt into the small child's mouth. Police arrested Trevor John Settle and Alexander Bede Solomon on charges of felony assault. The incident was reported to authorities by the 5 year old mothers. The child was evaluated and treated at the Nollner Clinic in Galena.

The teens are entitled to have a public defender or private attorney represent them on the criminal matter. This case illustrates the dangers of bullies and the various form of bullying that takes place. Of course, a 5 year old is no match for two teenagers. Putting any foreign objects like dirt, gravel, or anything else into a child's mouth can lead to serious health risks and complications including choking, airway blockage, pneumonia, infection, and, in some instances, death.

You can read more about this story at Alaska Teenagers Arrested for Assault on 5 Year Old Boy.

Posted On: May 17, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to Playground Safety?

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

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In Oklahoma and other states, day care centers must comply with safety rules and regulations pertaining to playgrounds. Every day, children are injured on day care playgrounds through the country. Some personal injuries are unavoidable accidents while others result from improper supervision, negligence, bullying on the playground, and / or negligent construction, design or maintenance of the playground equipment. Section 22 (c) Outdoor safety and play equipment - Playground safety requires day care centers to follow certain regulations as to playground safety. Day care centers should keep children off of the playground area when weather conditions pose a significant health risk. Children should be well hydrated before any physical activity like playground play. The playground equipment itself should be sturdy, of safe construction, free from hazards, easy to clean, and kept in good repair. Playground equipment should be free from protrusion hazards like exposed nails, screws, and splinters. Equipment should be securely anchored to prevent tipping of equipment.

Many serious child personal injuries in Oklahoma day care centers can be avoided by implementing and following the rules and regulations by the Oklahoma Department of Human Services - Oklahoma Child Care Services.

Posted On: May 17, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for Indoor and Outdoor Play Materials and Equipment?

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

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In Illinois and other States, children are injured in day care centers every day. Many injuries would have been prevented if the day care center properly supervised the children and properly maintained the facility, play materials, equipment, and furnishings. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.380, equipment and materials for both indoor and/or outdoor use shall be appropriate for the age and developmental needs of the children. Play materials shall be safe, durable, and free from hazardous chemicals, sharp edges, rough edges, and toxic paint. Day care center caregivers and administrators should think safety before an incident ever takes place. It should not take a personal injury or wrongful death of a child in an Illinois day care center for a facility to wake up and start working on its safety measures, policies, or procedures. If a child suffers personal injuries in an Illinois day care center, it is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

Posted On: May 16, 2009

California Day Care Centers / Child Care Centers: How Do I Find a Licensed Child Care Facility in California?

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

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In California, day care centers / child care centers are licensed and regulated by the California Department of Social Services. Before selecting a child care center, parents, guardians, and caregivers should do their best to investigate the child care center, ask a lot of questions, and make an informed decision. California has created a search tool on the California Department of Social Services website to assist parents, guardians, and caregivers in their respective searches for day care centers. See California Search for a Licensed Facility. For instance, a search of the Woodland Hills, California area revealed 22 licensed child care centers. For each child care center, there is an address, license or facility number, telephone number, and capacity amount (i.e. number of children that can be cared for in the facility). Choosing the right day care center can have a profound effect on your child. Good day care centers will properly supervise your child and protect the child during a parent's work day. Unfortunately, there are many day care center that fail to follow the applicable regulations, fail to supervise the children, and fail to operate a child care center that is clean, safey, and free from hazards. If a child has suffered personal injuries as a result of day care / child care negligent supervision or negligent maintenance, a California child injury lawyer / attorney can help guide a parent through many complicated issues including medical treatment, medical bills, insurance claims, and the court system.

Posted On: May 16, 2009

Iowa Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Operation of the Facility and Supervision of Children?

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

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In Iowa, child care centers / day care centers are regulated by the Iowa Administrative Code - Chapter 109 - Child Care Centers. The purpose of the rules and regulations is to establish minimum requirements for licensed child care centers and pre-schools. These standards cover areas from licensing to supervision to nutrition. It is important for Iowa child care centers that are licensed and subject to these rules and regulations to comply with Iowa law. Working parents in Iowa depend on child care centers to provide for the physical, emotional and educational welfare of children including infants, toddlers, pre-school, and school aged children.

Posted On: May 16, 2009

14 Year Old in Greer South Carolina Placed in Protective Custody After Being Found in Home Without Electricity or Water

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In South Carolina and other states, parents, caregivers, and guardians have a duty to provide for the health, safety, and welfare of a minor child. When a child is abused or neglected, the State of South Carolina can then step in to protect the child. In Greer, South Carolina, a 14 year old girl was found living in an abandoned building with no running water or electricity. She also had not been enrolled in school for the past 2 years. There was no refrigerator where the child was living and there was no food either. The child's guardian has been charged with unlawful neglect of a child according to an arrest warrant. You can read more about this story at 14 Year Old Taken into Protective Custody of South Carolina Officials.

Posted On: May 16, 2009

Failing to Secure Your Child's Seat / Baby Seat Can Result in Criminal Charges - Crash in Omaha Nebraska Ejects Child 25 Feet

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Parents, caregivers, guardians, teachers, day care workers, and others have a duty to make sure that child are properly restrained when riding in motor vehicles including cars, trucks, buses and vans. In most States, children and toddlers must be restrained in an approved baby seat / child seat. In Omaha, Nebraska, an automobile accident recently took place that could have easily ended the life of an infant. Mima Inchin was holding an infant's car seat at the time of the automobile accident. The seat was not properly secured. As a result thereof, the child was ejected 25 feet after impact. Police later charged Ms. Inchin with child neglect and abuse. Even though the child did not suffer any serious personal injuries, police officials and the district attorney have charged Mima Inchin with this crime. This story shows the importance of properly securing a baby seat / child seat before getting on the road. This child could have easily suffered serious personal injuries, brain damage, and even death. The child, Angel Flores, is extremely lucky. Hopefully, Angel will be safeguarded against injury in the future by making sure that her baby seat / child seat is secure. You can read more about this story at Nebraska Woman Charged in Crash that Resulted in Ejected Infant.

Posted On: May 16, 2009

Indiana Couple (Stephen Quick and Samantha Light) Who Provided Babysitting Services Arrested for Child Molestation and Child Exploitation

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Parents in Indiana and other states should be very careful as to who they trust to babysit their children. In Veedersburg, Indiana, a couple (Stephen Quick and Samantha Light) were recently arrested and charged with serious crimes of child molestation and child exploitation. Police reported that the couple operated a baby sitting service out of their home and videotaped various sex acts with the children over a period of many months. The videotapes themselves will be very powerful pieces of evidence for the criminal trial should the case proceed to trial. This story should serve as a good learning lesson for all parents. Reserach and check out the people babysitting your children. If Stephen Quick and Samantha Light had no prior criminal record - then it may have been difficult to predict their actions. In addition to criminal history and record, it would be helpful to know if a family home day care or babysitting service is licensed or registered with the State of Indiana. If the allegations are true and proven, the criminal sentence should include prolonged prison time and subsequent probation that prohibits this couple from caring for or being around children where the children would be at risks from these sexual predators. You can read more about this story at Couple Arrested in Indiana for Sexual Exploitation and Child Molestation.

Posted On: May 16, 2009

Camden New Jersey Woman Charged with Filing a False Child Abuse Report

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Camden, New Jersey, a woman is facing criminal charges for filing or reporting a false claim of child abuse. Jamie Baker reported that another person had abused a child or children because Ms. Baker was upset at this person. Ms. Baker's act of revenge has gotten Ms. Baker in trouble. The Oneida County Child Advocacy Center confirmed that the Ms. Baker reported the acts of child abuse because Ms. Baker was upset with this person.

Child abuse and neglect are very serious matters. The Oneida County Child Advocacy Center, government agencies, and law enforcement should be devoting their skills and time to actual cases of child abuse rather than false ones.

You can read more about this story - Police - Woman Falsely Reported Child Abuse.

Posted On: May 16, 2009

Oregon Dad Uses Dog Collar to Shock His Children -"He Thought It Was Funny"

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Oregon and other States, parents, at times, use poor judgment when it comes to the supervision of their children. In Oregon, the father of four young children used a dog shock collar on them because he thought it was funny.

Salem Police thought otherwise and arrested Todd Marcum on charges of criminal mistreatment. The ages of the children were as follows: 3, 6, 8, and 9. This matter was referred to the Department of Human Services.

Shocking your kids as a joke or as punishment really is not a good idea. Todd Marcum found this out the hard way. Of course, the children probably did not enjoy getting electrically shocked either. You can read more about this story at Oregon Dad Uses Dog Collar to Shock His Children.

Posted On: May 16, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to Outdoor Safety and Play Equipment and Playgrounds?

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

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In Oklahoma and other states, day care centers must comply with rules and regulations as they pertain to outdoor safety and play equipment including playgrounds. Rules and regulations are found in Section 22 of the Requirements for Oklahoma Child Care Centers by the Oklahoma Department of Human Services. Outdoor play space or playgrounds must be enclosed by a building and / or fence that is at least 4 feet high that beings at ground level. Fencing must be in a stable, upright, secure and good condition that is free from dangerous conditions. Impact absorbing surfaces must be used over any fall zones under climbers, swings, slides and the equipment. Ground surfaces composed of loose materials must be 6 inches in depth.

It is important for day care centers / child care centers to follow these regulations which help prevent injuries or reduce the severity of personal injuries to Oklahoma children.

Posted On: May 16, 2009

Illinois Day Care Center / Child Centers - What Standards Apply to Illinois Day Care Center?

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

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In Illinois, day care centers / child care centers are regulated and licensed by the Illinois Department of Children & Family Services.

In June 2007, Illinois had over 2900 licensed day care centers, over 10,000 licensed day care homes, and over 450 group day care homes. It is estimated that over 295,000 children were cared for or supervised in these various facilities.

Day care centers are regulated by the Illinois Administrative Code. It is vital that day care centers follow these regulations and standards. Day care centers that violate these standards put the health, safety and welfare of Ilinois children at risks. While not all personal injuries to children in day care centers can be completely avoided, adherence to these standards can help reduce the incidence and severity of injuries to children in Illinois day care centers.

Posted On: May 15, 2009

Iowa - Researching and Finding a Child Care Center / Day Care Center

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

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Parents in Iowa and other states have many resources to find out information about child care centers / day care centers. Before enrolling a child in a day care center, we recommend that parents research the facility to make sure the child is placed in a safe, clean, and well supervised educational environment. The Iowa Department of Human Services has an interactive map where a parent, caregiver, or guardian can search out day care centers in Iowa at Child Care Providers. The State of Iowa is divided into 5 area to locate licensed child care providers by region. The list contains the name of the licensee, address, telephone number, license number, and expiration date for the license. You can also find contact information for regional Child Care Resource and Referral services. Each has a website and a contact telephone number for so that additional information can be obtained for child care providers.

Posted On: May 15, 2009

Cell Phone / Mobile Phone Ban May Result from Recent Massachusetts Trolley Crash

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

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In Massachusetts and other states, operators of public transportation vehicles like buses and trolleys are using their cell phone and mobile phones on the job. What's wrong with this? Everything is wrong with this if the use of the cell phones / mobile phones distract the drivers and cause serious accidents involving personal injuries and, in some instances, death. Text messaging and e mailing from cell phones / mobile phones are especially dangerous acts. The driver / operator's eyes are on the cell phone / mobile phone screen rather on the road and traffic. This in turn, puts the people in danger including the trolley passengers, pedestrians, other motorists, and bicyclists.

In Boston, Massachusetts, the head of the transit authority recently stated that he may ban all train and bus operators from carrying cell phone / mobile phones. This statement was made following an accident involving a trolley operator who was texting his girlfriend just prior to an underground trolley accident.

In the recent underground trolley accident, over 40 passengers were injured when one trolley crashed into another trolley at 7:20 p.m. The trolley operator admitted to police that he was text messaging his girlfriend at the time of the crash. Officials stated that the trolley operator would be fired if he was indeed texting at the time of the crash. Criminal charges will be considered the by the police and district attorney's office.

You can read more about this story at Boston Authorities Considering Ban on Cell Phones / Mobile Phones While Operating Trolleys, Trains, and Buses.

Posted On: May 15, 2009

Teen Drivers Are Dangerous on the Road and They Do Not Even Know It - Alabama Automobile Accidents Involving Teen Drivers

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

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In Alabama and other states, roads are filled with teenage drivers. It is a big responsibility to get behind the wheel of a car. The teen driver is not only responsible for his or her own safety but also the safety of the passengers, other drivers, pedestrians, and bicyclists. An automobile is a "dangerous instrument" that can and does cause wrongful death and personal injuries on a daily basis. In Alabama, one out of every eight teenage drivers in an automobile accident according to 2007 statistics. This amounts to 30,000 teens out of 250,000 teens according to the Alabama Safe Teen Driving Coalition.

Tragically, over 4,500 teens ranging from the age of 16 to 19 died in automobile accidents in 2005. Many of these automobile accidents resulted from driver inexperience, poor judgment, driver distraction, and speeding.

You can read more about the dangers and problems of teen drivers in Alabama along with measures to decrease accident related injuries and deaths at Alabama Teen Drivers May Be Heading for Trouble.

Posted On: May 15, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Supervision of Children?

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

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Oklahoma day care center / child care center have a duty to provide adequate and proper supervision of children enrolled in the day care program. Oklahoma law provides for regulations of day care centers pursuant to
the Oklahoma Department of Human Services - Requirements for Oklahoma Child Care Centers. Section 9.1 - Supervision of Children requires that each chid is assigned a staff person who is aware and familiar with the child's needs, habits, interests, and special problems. Staff members must be present in the room or adjacent bathroom and able to see or hear the infants at all times. For school aged children, a staff member generally is required to be within sight or hearing of the children at all times. Staff ratios are set forth in the regulations and should be complied with to insure proper and adequate supervision of the children.

Unfortunately, Oklahoma children are injured on a daily basis due to improper, inadequate, and / or negligent supervision in day care centers / child care centers. It is clear that properly trained and diligent staffs can help avoid or reduce the number of child personal injuries that take place in the day care setting.

Posted On: May 15, 2009

Prevent Child Abuse Wisconsin - Resources and Information to Prevent Child Abuse

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

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Prevent Child Abuse Wisconsin is program put in place by the Children's Service Society of Wisconsin. Prevent Child Abuse Wisconsin provides training and public awareness about child support. It also to helps build community resources and carry out advocacy activities to promote child abuse prevention efforts throughout the State of Wisconsin.

It would be wonderful to rid Wisconsin and other States of all child abuse. It would be nice but it is not realistic to believe that child abuse and neglect can be eradicated.
However, child abuse can be reduced or prevented to some extent with the efforts of Prevent Child Abuse Wisconsin, other organizations, and dedicated individuals including parents, doctors, social workers and other.

At the Prevent Child Abuse Wisconsin website, you can read more information on Signs of Child Abuse and Neglect, What is Child Abuse?, Web Resources and More.

If your child has suffered personal injuries or death as a result of child abuse and neglect, legal representation through a Child Injury Lawyer / Attorney may help you get answers and pursue a civil case against the responsible persons and / or organizations responsible for the abuse.

Posted On: May 14, 2009

Edmond Oklahoma City Council Votes In Ban on Toy Guns Altered to Look Like Real Guns

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

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In Edmond, Oklahoma, the city council recently voted in an ordinance to ban toy guns that have been altered to look like real guns. Toy guns typically have an orange tip or other markings to distinguish it from a real gun. Unfortunately, many people including children have modified toy guns to make them look like real guns. This, in turn, creates a dangerous situation in that other people including law enforcement officers will have a problem distinguishing a real gun from a toy gun. Fines are now in place by the City of Edmond for having an altered toy gun and for threatening someone with a toy gun. You can read more about this story at Ban on Altered Toy Guns Goes Into Effect in Edmond Oklahoma.

Posted On: May 14, 2009

Chinook Montana Day Care Provider (Sharon Miller) Pleads Guilty to Negligent Endangerment Charges in Drowning Death of 6 Month Girl Under Her Care

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Day care providers in Montana and other states have a duty to provide adequate and appropriate supervision of children under their care. It is especially important to provide diligent supervision when children are participating in aquatic / swimming activities or when children are near or have access to bathtubs, swimming pools, or waterways including rivers, retention ponds, oceans, lakes, and canals. Sharon Miller recently was given a 1 year suspended sentence for her role in the drowning death of a 6 month old Montana girl under her care. Under the plea deal, Sharon Miller promised not to provide any child care for children except for family members. Ms. Miller was reported to have left a 6 month child (Jenna Unruh) in a bath seat in a sink while she changed another child's diaper in another room. Just a few minutes of inattention led to this drowning death in Montana. You can read more about this story at Chinook, Montana Woman Pleads Guilty to Child Endangerment Charges for Drowning Death of Child Under Her Care.

Posted On: May 14, 2009

Bothell, Washington Man (Dean Kinsman) Arrested After Luring Children Into His Truck in Two Separate Incicdents

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Families of two children in Washington state were given quite a scare when a man in a pick up truck lured their children into his vehicle on two separate incidents. The man (Dean Kinsman) offered one child a bicycle and the other shoes if they got into his vehicle. Children who go off with creepy strangers are really in danger and are often times injured, molested, and, in many tragic cases, killed. Fortunately, Kinsman did not take the children away from these families forever; however, the families were quite concerned that these incidents happened in the neighborhood. The boy was 9 years old and the girl was 4 years old.

News report did not indicate what Kinsman did with the children on his outings with the children. It is clear that Kinsman was not a friend of the family and did not have permission of family members to take the children anywhere. An investigation will be conducted to find out more details about these incidents and to determine if Kinsman took other children on similar excursions in the past.

This story shows the importance of staying away from strangers. Whether the stranger offers money, a bicycle, shoes, or a puppy, tell your children it does not matter. You can read more about this story at Bothell, Washington Man Arrested for Luring Children into his Pick Up Truck.

Posted On: May 14, 2009

Liability in Iowa - Getting Hit by a Baseball Bat - Effect of Permission Slips, Releases, and Waivers

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

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As summer approaches, more and more children will be attending outdoor activities under the supervision of schools and child care providers. Parents and guardians are routinely required to sign permission slips before a child is allowed to go on a field trip to an amusement park or the local swimming pool. Does a permission slip signed by a parent make the school or child care provider not responsible for accidents and injuries?

The Iowa Supreme Court recently addressed this question in a case involving an 8 year old girl who was hit in the head by a flying baseball bat at a minor league baseball game. The girl’s parents signed a permission slip which said that the sponsor of the trip was not responsible for any injuries or accidents. The Iowa court found that the permission slip did not release the sponsor of the trip from liability. The Iowa Supreme Court issued this opinion gives parents and caregivers the ability to bring forth insurance claims and lawsuits even when permission slips or releases are signed. It is really against public policy and against the best safety interests of the child to allow negligent sponsors, businesses, and persons to act in a negligent manner, cause injuries, and then run away from liability for injuries caused to a child.

Posted On: May 14, 2009

Study Shows that Injuries Are a Leading Cause of Death in Iowa

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

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Deaths and injuries over a four year time period (2002 - 2006) across Iowa were studied by the Iowa Department of Public Health and the University of Iowa. This study revealed that over 1500 deaths in Iowa are caused by injuries. The Burden of Injury in Iowa report gathered information regarding deaths and hospitalizations. Motor vehicle accidents / automobile accidents were the leading cause of unintentional deaths for all injury related mortalities. Teens and young adults ranging from the age of 15 to 24 represented the groups with the highest rates of hospitalizations / emergency room visits among all age groups. Unintentional or accidental injuries represent the leading cause of death for Iowans in the age range from 1 to 34 years old. You can read more about these statistics and others at Injuries a Leading Cause of Death in Iowa According to Study.

Posted On: May 14, 2009

Santa Clara, California School Nurse (Eileen Bowden) Collapses and Dies After Performing CPR on Heart Attack Victim

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Santa Clara, California and other States, school nurse perform a vital function every day. They are there to help supervise, examine, and care for school children. At times, teachers, administrators, school employees, parents, and visitors need the assistance and expertise of a school nurse while on school grounds. Eileen Bowden, a school nurse, collapsed and died after she helped save someone's life. She was called into action when a man needed help at a school function. Eileen along with another person administered CPR. The incident took place at the Santa Clara (California) High School. Ms. Bowden helped save softball coach John Rahbar.

Ms. Bowden's last act of her life saved the life of another person. She was a school nurse for many years and undoubtedly had a positive and lasting effect on many people including Coach Rahbar.

When you next see a school nurse, thank the nurse for his or her service and let the school nurse know how important the school nurse is to the children, school staff, and community.

You can read more about this story at California High School nurse helps to save man's life, but loses her own.

Posted On: May 14, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to Behavior and Discipline in the Facility? Can a Day Care Center Physically Punish a Child?

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

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In Oklahoma and other states, day care centers / child care centers inappropriately discipline children in a harsh, neglectful, and harmful manner. We all know that children will misbehave and fail to follow directions at time. Day care center employees should exhibit patience and control when dealing with a misbehaving child. Oklahoma day care centers and child care centers are regulated by Oklahoma Department of Human Services through Requirements for Oklahoma Child Care Centers.

Any discipline by an Oklahoma day care center caregiver or administrator must be constructive, educational, and appropriate for the child's age and the circumstances of the situation. The regulations allow staff members to teach by example, to supervise with firmness, to redirect children as needed, and use other forms of verbal instruction and encouragement of the children. Oklahoma law prohibits staff members in day care centers from spanking, striking, punching, popping, shoving, biting, yanking, or slamming the child. Punishing the child by forcing the child to eat or put something in the child's mouth like hot sauce would also be prohibited under these regulations. Using harsh or profane language is also prohibited. Humiliation is also prohibited by the regulations.

Oklahoma regulations pertaining to behavior and discipline make sense and serve to promote the health, safety, and physical and emotional welfare of the child.

If a facility has inappropriately disciplined or harmed a child in the child care center, parents should consult with an Oklahoma child injury attorney to determine the legal rights of the injured child and what steps to take to deal with the abusive or neglectful conduct of the day care center.

Posted On: May 14, 2009

11 Year Old (Ester Rubio) Died from Gun Shot Wounds at Soccer Match

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In King City, California, an 11 year old girl (Ester Rubio) recently died. She had been shot several times at a soccer match at King City High School. She was shot in the stomach. Ester received medical care at Stanford Medical Center and at Good Samaritan Hospital in San Jose, California. Three juvenile criminal defendants were arrested in the shooting.

It is truly a tragedy that our children cannot safely attend a sporting event at a local high school without the risk of danger from shootings.

You can read more about this story at 11 Year Old Shot at King City High School Soccer Match Dies.

Posted On: May 13, 2009

Funfair Death - 2 Year Old Boy (Erjon Hyseni) Dies After Walking in Front of Go Gator Roller Coaster Ride - Responsibility of Parents? Responsibility of Fair Organizers?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Ducketts Common, in North Green, North London (England / United Kingdom), a two year old boy (Erjon Hyseni) died when he was hit by a roller coaster ride called the "Go Gator" at the Funfair. Fair organizers reported that the boy got off of an inflatable ride and then ran over onto the tracks of the Go Gator ride. Barriers should have been in place and an investigation will be conducted to determine how, when and why the child was able to walk onto the tracks. While parents are responsible for the supervision of their children, fairs and theme parks purposely attract and invite small children for the attractions, rides, and events. As such, safety precautions like protective barriers and fences should be in place to prevent these kind of incidents. Children will run around at fairs and theme parks. As such, this kind of incident is foreseeable and in many instances preventable. You can read more about this story at Funfair Death - Boy Struck by Rollercoaster.

Posted On: May 13, 2009

Louisville, Kentucky School Bus Crash Leads to 13 Injured Students

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Louisville, Kentucky, a Jeep ran into a school bus at an intersection. The Jefferson County school district reported that 15 people suffered personal injuries, 13 of the 15 injured were students from the Brandies Elementary School and Foster Academy.

Drivers should exercise caution when driving near any school buses. Children are at risk for injury in school bus crashes even if the the school bus is hit by a much smaller vehicle.

You can read about this story at 13 Hurt in Kentucky School Bus Crash.

Posted On: May 13, 2009

My Space Sexual Predator and Child Molester (Joshua David Threlkeld) Posted as 14 Year Old and Photographer to Lure Teens for Sex

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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My Space and other social networking web sites can be quite dangerous. Predators like Joshua David Threlkeld use the technology of My Space and the internet to lure teens for nude photographs and sex. Mr. Threlkeld created a profile online as Sarah - a 14 year girl named "Sarah". "Sarah" gained the trust of other teen girls and told them that a photographer could meet them to take modeling photographs. Many teen girls were interested, posed nude, and had sex with Mr. Threlkeld. Fortunately, a concerned parent stepped forward to report the situation to police. An investigation was initiated and Mr. Threlkeld was identified and arrested. It appears that there is a pile of evidence against Mr. Threlkeld. His computer and other evidence was obtained through a search warrant of his home.

In various counties / cities in California including Orange, San Bernardino, Los Angeles, and Riverside, at least 10 teen victims have been identified. Investigators suspect that there may be up to 100 victims of Mr. Threlkeld.

Parents and teens alike should take notice of stories like this because there are thousands upon thousands of predators like Joshua David Threlkeld out there. You can read more about this story at My Space Sexual Predator May Have Assaulted / Molested 100 Victims.

Posted On: May 13, 2009

U.S. Man (Jared Yaffe) Accused of Child Pornography and Sexual Assault Charges Arrested in Brazil

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The United States - State Department has reported that Jared Yaffe has been arrested in Brazil and has been returned to the United States. Jared Yaffe is charged with 17 counts of sexual assault and kidnapping. If convicted, Mr. Yaffe could be sentenced to 100 years in prison. Mr. Jaffe is charged with serious and most disturbing crimes where he ran a child pornography ring. He would line up baby sitters who brought him children who he subsequently molested. Authorities conducted an international investigation and search for Mr. Jaffe. Mr. Jaffe's luck eventually ran out and he will now face charges in the United States. You can read more about this story at U.S. Man Accused in Child Molestation Ring Captured in Brazil.

Posted On: May 13, 2009

Meridian, Idaho Toddler (Auston Banks) Survives Being Impaled by a Pencil While in Apartment Playground

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Meridian, Idaho, a toddler (Auston Banks) survived a potentially deadly incident that took place while he was playing in an apartment playground. Auston was walking with a pencil in his hand when he walked by some swings. Auston walked in front of a girl on a swing and her foot hit the end of the pencil which, in turn, went through Auston's mouth and out the back of his neck. Auston was rushed to a local hospital where doctors removed the pencil. Doctors reported that the pencil came very close to a critical artery. Auston survived this incident. It was quite a terrifying day for Auston and his family.

As you can see from this story, common household and every day objects can turn out to be very harmful to toddlers and small children. You can read more about this story at Toddler Survives Freak Incident Accident with Pencil on Playground in Idaho.

Posted On: May 13, 2009

New Orleans, Louisiana Man Dies Trying to Take Gun from 4 Year Old Boy

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In New Orleans, Louisiana and other cities, guns are dangerous when placed in the hands of a young child or accessible to a young child. Of course, many gun enthusiasts believe that guns and children go together as long as their is training and supervision. Training and supervision combined with good judgment are all vital to gun safety and the prevention of gun related personal injuries and wrongful deaths. In New Orleans, Louisiana, a 20 year old man (Adrian Kelly) was accidentally shot when he attempted to take a gun away from a 4 year old boy. Details from news reports were vague. I would be interested to know the following:

Was the gun registered?

Who was the registered owner of the gun?

Where was the gun stored?

How did the child gain access to the gun?

Where did the incident take place?

How long did the child have access to the gun?

It is tragic that a young man lost his life from this accidental shooting. You can read more about this story at Man Accidentally Shot in New Orleans, Louisiana When Trying to Take Gun Away from 4 Year Old Boy.

Posted On: May 13, 2009

Pennsylvania Mother Charged In Alcohol Poisoning Death of 6 Month Old Baby

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania, a mother has been charged with the alcohol poisoning death of a 6 month old baby. Wyoming County Pennsylvania prosecutors are accusing Jessica Minor from Montrose Pennsylvania of giving her 6 month old baby alcohol to stop him from crying. The baby had a blood alcohol level of over .20 which was over two times the legal limit for Pennsylvania adult drivers. The baby died as a result of alcohol related poisoning. Jessica Minor has denied these charges. Questions do arise from a case of this nature:

How did the child consume alcohol?

What is the mother's defense as to how the child consumed alcohol?

What precautions if any were taken to prevent the child from consuming alcohol?

Were there any witnesses to the incident or allegations?

You can read more about this story at Mother Charged with Alcohol Poisoning Death of Child.

Posted On: May 13, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Operation of the Day Care Center?

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

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Oklahoma day care centers / child care centers are regulated by the Oklahoma Department of Human Services. The Oklahoma Child Care Licensing Act was enacted to set forth minimum standards for care and protection of children placed or enrolled in day care centers in Oklahoma. Facilities have a duty to follow the regulations and put the health, safety, welfare and education of each child as priorities for the operation of the child care center / day care center. You can access the regulations for Oklahoma day care centers at Requirements for Oklahoma Child Care Centers. Facilities have certain minimum standards to meet as to the following: licensing, staff, training, indoor equipment, outdoor equipment / playgrounds, water activities, rest, toileting, discipline, nutrition, and many other areas. Child care centers / day care centers who ignore or violate these regulations put children at greater risk for danger, child personal injuries, and, in some cases, wrongful death. If a facility has violated a policy / regulation or has otherwise been negligent in the care of a child, a parent or caregiver should seek the advice and counsel of an Oklahoma child injury attorney for guidance issues including medical bills, records, insurance, and compensation.

Posted On: May 13, 2009

Ausable Forks, New York Basketball Coach (Joey Strong) Charged with Rape and Endangering Welfare of a Child

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

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In New York and other States, school coaches are in the position of trust and responsibility. Coaches are supposed to mentor our children. Coaches are not supposed to provide alcohol or sex to children. This is basic common sense. It is also a crime no matter if the Defendant is male, female, tall, short, good looking, or ugly. In Ausable Forks, New York, the girl's basketball coach from Holy Name School has been criminally charged with giving alcohol to a teenage boy and having sex with him. The incident took place at a Queensbury, New York hotel in March 2009.

Of course, Coach Joey Strong is entitled to the representation from a New York Criminal law attorney and is innocent until proven guilty; however, if she indeed had sex with an underage minor / student, she should be criminally prosecuted.

According the school principal, Coach Strong was not an employee of the school. Coach Strong was a volunteer coach for 8 years. Whether Coach Strong was a volunteer coach or an employee, the school still had a duty to supervise and monitor her activities. In addition, background checks should be performed on all volunteers and coaches to insure that the children are not exposed to dangerous persons or exposed to undue risks. Of course, if Coach Strong had no prior criminal record or history of sex or abuse with minors, the school would not have been put on prior notice of her activities or propensities.

You can read more about this story at New York Coach Accused of Sex with a Student.

Posted On: May 12, 2009

Oklahoma Day Care Centers / Child Care Centers - How Do I Look Up or Research a Facility in Oklahoma?

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

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In Oklahoma, day care centers / child care centers are regulated and licensed by the Oklahoma Department of Human Services. When selecting a day care center, Oklahoma parents have many choices and options. When researching a facility, it is important to gather as much information as a parent can to make sure that a child is placed into a facility that meets the child's needs. The Oklahoma Department of Human Services has a helpful website that allows a parent, caregiver, guardian and any other person to get valuable and important information on a day care center / child care center in Oklahoma. Go to Oklahoma Child Care Locator to research a particular day care center or various day care centers in your area. If a child is injured due to negligence, abuse, or neglect in a day care center, an Oklahoma child injury attorney / lawyer can help guide a parent through the laws and regulations and provide legal advice as to the respective rights of the injured child and his or her parents.

Posted On: May 12, 2009

Pass Christian Mississippi Man Arrested in Porn Case

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

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In Mississippi and other States, investigators are arresting and gathering vital evidence on people who distribute, sell, or view child pornography through the use of cyber investigations. The Mississippi Attorney General's Office conducted a criminal investigation that led to the arrest of a Pass Christian Man on the charges of child pornography. The Mississippi Attorney General Jim Hood reported that Paul S. Dybas was arrested after officials found evidence of child pornography after executing a search warrant at Mr. Dybas' home.

The arrest was made by investigators with the Internet Crimes Against Children Unit of the attorney general's Cyber Crime Unit, with help from the Harrison County Sheriff's Department.

Operation Fairplay software is utilized to find / detect computer users who download child pornography. This program found over 2000 people in the State of Mississippi who downloaded child pornography.

You can read more about this story at Pass Christian Mississippi Man Arrested in Porn Case.

Posted On: May 12, 2009

Teenager Gets Probation in New Mexico High School Football Hazing Case

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Santiago Armijo was given a criminal sentence of probation recently for his involvement in the hazing of high school football players in New Mexico. Prosecutors
and Judge James Hall determined that Santiago's involvement was less than the other 5 defendants. The attacks which involved sodomizing football recruits with a broomstick and other bad acts. The other 5 defendants pleaded not guilty and are awaiting trial. Santiago pleaded no contest to criminal counts of sexual penetration and conspiracy.

You can read more about this story at Teenager Gets Probation for Role in New Mexico High School Football Hazing Incident.

Posted On: May 11, 2009

Palmsdale, California Boy Playing "Cops and Robbers" Shot by Deputy

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Children love playing pretend with toy guns. Unfortunately, a simple toy gun can be mistaken for a weapon which, in turn, can lead to dangerous and deadly consequences. In Palmdale, California, a deputy sheriff shot a 15 year old who was playing with a toy gun. Apparently, the child was playing "cops and robbers" and pointed the gun at a deputy sheriff / police officer. Since the toy resembled a real gun, the deputy responded by shooting the teenager.

An investigation will be conducted to determine if the police officer used an appropriate amount of force to respond to the situation. Young children and teenagers should be careful when playing with a toy gun. While the child may know the gun is a fake or a toy, others including police officers cannot always easily tell the difference. You can read more about this story at

Posted On: May 11, 2009

Mooreville North Carolina 8 Year Old Injured in Dodgeball Game - Liability of Teacher? School?

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

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In North Carolina and other States, dodgeball is played at schools, playgrounds, and parks. Opponents of dodge ball believe that it is a game of danger and bullying. The object of the game is to hit or peg another player with a ball. Personal injuries result from dodge ball games. Many injuries result when older players or adults play too rough or hard with smaller and younger children. In Mooreville, North Carolina, Tanner Badial, age 8, was injured in a dodge ball game at Mooreville Elementary School when the gym teacher hit Tanner with a ball. After being hit, the boy cried in pain only to be mocked and ridiculed by the coach. Detectives and investigators will conduct interviews to try to piece together the events and cause of the injuries. You can read more about this incident at 8 Year Old Injured During North Carolina Dodge Ball Game.

Adults including teachers and coaches should use due care when supervising or participating in sports or games with children. Dodgeball has been around for years and to many it is a tradition; nevertheless, the traditions of a game are no excuse for injuring a child.

When a parent or guardian has concerns about a a personal injury resulting from negligence, failure to supervise, bullying or other causes, it is often times helpful to have the advice, counsel and representation from a North Carolina child personal injury attorney.

Posted On: May 11, 2009

United States Department of Health and Human Resources - Resource for Day Care / Child Care Regulations for All 50 States

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education
. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.

Posted On: May 11, 2009

St. Paul Minnesota Display of Cardboard Cutouts Used to Raise Awareness for Foster Children

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In St. Paul, Minnesota and other States throughout the nation, there is a need for foster parents for children who have been put into the state system due to child neglect, child abuse, child abandonment, and other poor to non-existent parenting from a child's biological parents. In St. Paul, Minnesota, CASA (Court Appointed Special Advocates) Minnesota, a non-profit organization for abused and neglected children, placed 185 cardboard cut outs of children on the lawn of the State of Minnesota capital. The organization put out 185 cutouts to represent the same number of children that are placed in the Minnesota foster care system every day. Foster children rely on the State of Minnesota government for their health, safety, and welfare. Funding is always an important issue. In addition, there is always a need for volunteers and foster care parents to help with these most deserving children. You can read more about this story at Cardboard Cutouts of Children Placed to Raise Foster Children Awareness.

Posted On: May 11, 2009

Lincoln California Man Sentenced for Bicyclist Death

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other States, bicyclists are injured every day on or near roadways. Bicyclists suffer serious personal injuries and in some accidents death due to driver inattention, distraction, and / or negligence. In some cases, the driver is subject to criminal prosecution for the wrongful death or personal injuries of the bicyclists. In California, Gaspar Reyes was sentenced to a one year suspended sentence and three years of probation for the death of a bicyclist, Kathy Marie Gienger. Reyes hit Ms. Gienger with a big truck while trying to make a right hand turn. Ms. Gienger was in the crosswalk at the time of the incident. Reyes claimed that he stopped but prosecutors wisely secured the photos that were taken by a nearby ATM at the Safe Credit Union. This photographs taken at 1 second intervals impeached Mr. Reyes' claim that he stopped prior to making the turn.

You can read more about this story at Lincoln California Man Sentences for Bicyclist Death.

Posted On: May 11, 2009

Georgia Supreme Court Hears School Liability Case - Non Custodial Parent Picked Up Child At School

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

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In a case before the Georgia Supreme Court, the issue of a public school’s liability for releasing a student to the non-custodial parent who did not have permission of the custodial parent to pick up the child is under consideration. The school receptionist received a fake FAX and telephone call allegedly from the custodial parent granting permission to the non-custodial parent to pick up his six year old daughter. The receptionist looked for the child’s information card to see who was authorized to pick up the child but could not locate the card. The school’s computer database did not have any warning about the father.

The custodial parent then sued the school receptionist for releasing the child to the father. The trial court granted summary judgment to the receptionist on the grounds that she was a public employee who was immune from suit for performing discretionary acts—acts that require an employee to exercise personal judgment. A public employee can, however, be sued for negligently performing a ministerial duty—a specific, absolute duty that does not require the exercise of judgment.

On appeal to the Georgia Court of Appeals, the grant of summary judgment was reversed because the Court found that the receptionist’s act of releasing the child was a ministerial duty and she had no discretion over how to perform the act. The issue under consideration by the Georgia Supreme Court is whether the school employee was performing a ministerial duty or was performing a discretionary act.

Posted On: May 10, 2009

3 Year Old Seriously Injured After Falling into a Swimming Pool in Knoxville, Tennessee

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Tennessee and other states, swimming pools can pose a serious risks of serious injury and death to children who do not appreciate or understand the risks associated with swimming pools. Pools that do not have secure gates, barriers, and / or lifeguards pose a particularly high risk of danger. This is especially true when evaluating pools at apartment complexes, condominiums, resorts, hotels, motels, summer camps, and other areas.

In Knoxville, Tennessee, a three year boy was seriously injured when he fell into a pool at an apartment complex in Knoxville according to the Knoxville Police Department. Two cousins ages seven and three were playing with friends at the Zaina apartment complex on Hialeah Drive at the time of the incident.

While there was a nurse in the area who performed CPR, the child was still seriously injured and rushed to East Tennessee Children's Hospital.

Early news report did not release the name of the child or his condition upon arrival at the hospital. While the children did not reside at the apartment complex, the owners of the complex still had a duty to provide reasonable safety precautions as to the pool and other common areas as to visitors including children to the apartment complex. You can read more about this story at 3 Year Old Child Seriously Hurt After Falling into Apartment Complex Swimming Pool in Tennessee.

Posted On: May 10, 2009

Connecticut Boy Killed in Bicycle Accident at Plainfield Skateboard Park

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

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A 13 year old boy recently died in a bicycle accident at the Plainfield Skateboard Park in Boy, 13, killed in bicycle accident at Plainfield skateboard park in Plainfield, Connecticut. Witnesses informed police that the boy was attempting a move at the top of the ramp when he lost control of his bicycle and hit his head. Unfortunately and tragically, the boy was not wearing a helmet.

A sign at the skateboard park instructed visitors that helmets were required and that bicycles were not allowed. The boy was taken to the William W. Backus Hospital in Norwich, Connecticut where he died.

This incident is truly sad and tragic. It shows the importance of following directions and taking safety precautions.

You can read more about this story at Boy, 13, Killed in Bicycle Accident at Plainfield Skateboard Park.

Posted On: May 10, 2009

North Dakota Mother Charged with Child Neglect for Breast Feeding While Drunk

By David Wolf, Attorney Published by Child Injury Lawyer Network State%20Map%20North%20Dakota.jpg In North Dakota and other States, child abuse and neglect comes in all different types and forms. Law enforcement officials in Bismarck, North Dakota are prosecuting a woman who allegedly breast fed her child while she was under the influence / drunk from alcohol. At the time of the breast feeding incident, the child was 6 weeks old. The mother (Stacey Anvarinia) is 27 years old and represented by a North Dakota attorney. Ms. Anvarinia's attorney stated that no blood was taken at the time of the arrest. In criminal cases of this nature, the Defendant is entitled to representation and it is the State's burden to prove the case. According to the prosecutor, alcohol was not the only factor in the prosecution of this case. You can read more about this case at North Dakota Mother Charged with Child Neglect for Breast Feeding Child While Drunk.
Posted On: May 9, 2009

6 Year Old Kindergarten Student Brings Loaded Gun to Heritage Elementary School (Fulton County Georgia)

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

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Young children especially boys are fascinated with guns. Guns are so cool to children that some bring the guns to school to show friends. How can this happen? How does the child gain access to the gun? What safety precautions are put in place for the gun? It is absolutely vital that gun owners safeguard their guns so that children do not have access to the guns. Children with access to guns bring them to school and show friends. This can be the recipe for disaster, personal injuries and wrongful death in Georgia and other States.

The Atlanta Journal Constitution reported that a 6 year old brought a loaded gun to Heritage Elementary School in Fulton County Georgia. The student showed it to a classmate at lunch before the gun was taken away. Fortunately, noone was injured. The students' parents were called about the incident. The parents will be required to appear before a school board tribunal before the child is allowed back into the school. You can read more about this story at 6 Year Old Georgia Student Brings Gun to School.

Posted On: May 9, 2009

Dangers of Scenic Biking - Bicyclist Injured After Falling into a Ravine at Kaena Point Hawaii

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Hawaii is a scenic State with many bicycle trails. There is plenty of good biking in Hawaii; however there are many areas where bicyclists are injured while biking through winding trails and roads and over high and steep terrain. The Honolulu Advertiser newspaper web site recently reported that a bicyclist was injured near Kaena Point when he crashed into a 20 foot ravine. He may have suffered a fractured limb in the incident. The man was riding with a group of other bicyclist at the time. He was later airlifted via helicopter and then transported over to an ambulance to be taken to a local hospital.

It is unfortunate that the bicyclist was injured. Many bicyclist who are involved in such incidents even lose their lives or suffer permanent debilitating personal injuries.

You can read more about this incident at Bicyclist Injured After Falling into a Ravine in Hawaii.

Posted On: May 8, 2009

Georgia Court of Appeals Finds No Duty on the Part of Parents to Supervise Teenagers When the Parents are Away from Home

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

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In a Georgia Court of Appeals decision on April 24, 2009, the Court reversed the trial court’s denial of a motion for summary judgment filed by the parents of a teenager who hosted a party at his parents’ home while the parents were out of town. The teenage boy held a party at his parents’ home while they were out of town for the weekend. The boy invited a friend who purchased methadone from another party guest. After consuming the methadone and alcohol, the friend died of methadone toxicity.

The parents of the teenage boy who hosted the party were sued by the dead boy’s mother. A motion for summary judgment was filed by the party host’s parents and was denied by the trial court. The Court of Appeals reversed the trial court, however. The court declined to impose a duty on parents to arrange for supervision of their teenagers while the parents are away from home. The Court held that the parents can only be held liable where the parent has taken some active part in the creation of the danger. Where the parents have not actively taken part in creating the danger, then they can only be held liable if the parent knew of a child’s propensity for the specific dangerous activity.

The Court held that in this case, the parents had no reason to know that their son had ever consumed methadone before and had no reason to anticipate that their son would host a party at their home in which another guest would illegally sell another person methadone or that the other guest would voluntarily ingest the methadone. The Georgia Court of Appeals in its reluctance to hold these parents liable attached no significance to the fact that these parents knew that their son had consumed alcohol and marijuana before, that their son had been caught by the police an unopened beer can in his vehicle, and that their son had indicated his intention of hosting a party in their home while the parents’ were out of town. See Tims v. Hasselberger, Georgia Court of Appeals A09A0035.

Posted On: May 8, 2009

Missouri 3 Year Old Boy (Joshua Childers) Found Alive After Being Missing for Three Days

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Arcadia, Missouri, there is a great sigh of relief for the family of Joshua Childers and the surrounding community. Joshua got out of his house one night while his mother was on the telephone and his father was sleeping. The family looked for Joshua for about 45 minutes and then called for help. Search parties were organized and luckily the boy was found by a volunteer.

This Missouri missing child story has a happy ending . . . Unfortunately, many stories just like this do not. It just shows you that a few minutes of inattention can lead to a child being missing. Some are never found.

Hopefully, Joshua learned a lesson and will not put such a scare into his parents ever again. Joshua' story should serve as a motivation to other parents to make sure that their children are safe and do not wander off without supervision.

You can read more about this story at Arcadia Missouri 3 Year Old Boy Found After Being Missing for 3 Days.

Posted On: May 8, 2009

Reno Nevada - City Officials Recommend Zoning Changes to Legalize Digital Billboards

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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City officials in Reno, Nevada are recommending changes to the zoning laws to treat digital billboards as standard billboards. These zoning changes would in effect allow more digital billboards to be placed in Reno. Opponents to the zoning changes believe the billboards are a safety hazard. In addition, critics believe that these billboards affect the aesthetics of the City. The Association of State Highway and Transportation Officials concluded that the digital billboards present a road hazard.

I have seen digital billboards in Las Vegas and other sides. The color and graphics are great; however, I view these digital billboards as big distractions on the roadway. It is hard to impossible to ignore these digital billboards. Driver distraction is a major cause of accidents and related personal injuries.

You can read more about this story at Reno, Nevada Officials Recommend Zoning Changes as to Digital Billboards.

Posted On: May 7, 2009

Two School Buses Crash in Rideland Mississippi

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

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In Mississippi and other states, school buses travel streets, highways, and roadways in groups. In other words, school buses follow each other while heading out to field trips, school drop offs, and school pick ups. Since school buses often times travel the same routes in line, bus accidents often times involve more than one bus. In Ridgeland, Mississippi, two school buses operated by First Student, a bus company in many states, crashed into each other. The accident took place on U.S. 51 near the Trace Station Shopping Center. It was reported that Bus 27 rear ended Bus 52 which, in turn, crashed into a pick up truck. The children were from Highland Elementary School. Since some of the students complained of not feeling well or not feeling right, these students were transported to a local hospital.

Many bus accidents in Mississippi can be avoided with safer driving and due caution. Many accidents occur from driver inattention, driver distraction, and negligence. You can read more about this story at School Buses Crash in Ridgeland, Mississippi.

Posted On: May 7, 2009

A Former Glenburn, Maine Selectman and Co-Owner of Day Care Center Sentenced for Criminal Molestation and Sex Charges

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

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In Maine, working parents and caregivers place their children in day care centers with both the hope and expectation that their children will be properly cared for. Day care center owners, administrators, and staff have the duty to supervise the children and protect their health, safety, and welfare. Unfortunately, some day care owners, administrators, and staff take advantage of this position of trust and use it to harm, molest, assault, and / or batter children. In Glenburn, Maine, a day care owner did just that. Ronald Earl Tewhey, age 49, was sentenced for his crimes against children. Mr. Tewhey molested a 10 year old girl who was a student at the day care center. He also molested a 17 year old girl as well.

Mr. Tewhey violated the criminal laws and day care regulations in Maine. If Mr. Tewhey had no prior criminal record, it would have been difficult to impossible for a parent to be aware of or suspect this type of conduct from a business owner. All parents can do is their best to inspect and evaluate a day care center before and during enrollment of their children.

You can read more about Mr. Tewhey's criminal sentencing at Glenburn Child Care Business Co-Owner Sentenced.

Posted On: May 7, 2009

Children with Arthritis At Risk for Fractures According to Canadian Medical Study

By David Hollingsworth, Canadian Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Canadian medical researchers have reported that children with arthritis are at higher risk for fractures. The medical study demonstrated that vertebral (spinal) fractures were associated with this higher risk population of children. Arthritis in children is commonly associated with abnormally low bone mass called osteopenia. This, in turn, can progress to osteoporosis which is also called brittle bone disease. The study was reported in the Journal of Pediatrics. The research was conducted through the Montreal Children's Hospital.

Children with arthritis and other pre-existing medical conditions may be a greater risk for injury. As such, parents, caregivers, teachers, day care workers, and sport coaches should exercise due care in the supervision of these children. Just because a child is at risk does not mean that injuries are unavoidable. It only means that the child is more vulnerable for injury.

You can read more about this story at Canadian Researchers Report Higher Incidence in Fractures for Children with Arthritis.

Posted On: May 7, 2009

Funeral Held for 6 Year Old Crash Victim (Morgan Johnson)

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

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The family, school, and community of Morgan Johnson are in mourning over her untimely and tragic death. She was only 6 years old at the time of the Georgia automobile accident. Her family affectionately called her "The Princess". She was a kind and caring little girl who was loved by many. It has been an especially difficult time for her family, her church (Faith Church International in East Point), and her school (Southwest Atlanta Christian Academy). The death of a child of such a young age is not natural and certainly unexpected. Hopefully, the family will continue to have the support of friends, community, and church to help them get through these very sad times. You can read more about Morgan Johnson and her funeral service at Funeral Held for 6 Year Old Georgia Crash Victim (Morgan Johnson).

Posted On: May 6, 2009

Car Wreck / Automobile Accident in Mississippi Causes Death of Teenager

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

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A tragic accident took place recently in Hinds County Mississippi. Two teenage brothers from Jackson, Mississippi were traveling South on I 55 in a Ford Taurus. Wet road conditions may have led to Preston Garrett, age 18, losing control of the vehicle. Brandon Woodard, age 15, was a passenger in the vehicle. The Ford Taurus crossed over the median and was hit by another vehicle heading North on I-55 according to the Hinds County Coroner's Office. Both Brandon and Garrett died in the accident. Neither was wearing a seat belt but it is unclear from the facts reported whether a seatbelt would have made a difference as to the severity of the automobile accident related personal injuries.

It is certainly tragic for a family to lose one child as a result of an automobile accident. The family of Garrett and Brandon lost two children in one automobile accident. May the community and friends of this family provide them support and comfort in this trying time of loss and grief.

You can read more about this story at Two Teenagers Die in Automobile Accident in Mississippi.

Posted On: May 6, 2009

Child-Van Alarms in Wisconsin to be Required in Hope to Avoid Child Injuries and Wrongful Deaths

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

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Prompted by the recent death of a four-month old Milwaukee, Wisconsin infant who was left in a child-care transport van, the State Senate and State Assembly have passed a bill which will require child-care van owners to install alarm systems in transport vehicles, necessitating van drivers to physically go through the van interior, to the back door, to disarm the alarm. See Child-Van Alarms to be Required for Safety Purposes.

It is hoped that this legislation will insure that van drivers check all seats for any remaining passengers, in order that young children or infants are not left in vans. This type of legislation was passed in other states, such as Tennessee, in 2004, where no further deaths have occurred from children being left in child-care vans. According to KidsandCars.org, a national organization working to promote automobile child safety, at least 27 children nationwide have died since 1994 as a result of being left in child-care vans. In Wisconsin, three children have died in the Milwaukee area since 2005 and seven children have died in similar situations since 1991. Although Wisconsin has laws providing for the issuance of felony charges against child-care van drivers who leave a child in a vehicle, resulting in a child's death, it would appear that this deterrent is not sufficient. The State of Wisconsin, Department of Children and Families, also requires day cares to have procedures to make sure that children are not left behind in transport vans, however, the requirement for procedures does not spell out what exactly should be done. See Wisconsin Government Website.

It is unfortunate to think that legislation is required to insure that child-care transport van drivers and day care operators carry out the simple process of making sure that children are not left in transport vans. Parents leave the safety of their children in the hands of such people every day, and the act of leaving children behind in transport vans is not excusable. Parents need to be active in speaking with day care providers and van transport drivers to make sure that they are following procedures to prevent such tragedies from happening in the future.

Posted On: May 6, 2009

Oregon Man Arrested for Pimping Out 16 Year Old Girl on Internet

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

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Clackamas County, Oregon deputies arrested Justin B. Blackledge, age 31, for compelling a teen into prostitution, unlawful display of a child in a sex act and several counts of encouraging child sex abuse. Investigators report that Blackledge had a sexual relationship with the teenager in 2007 - 2008. During this time period, Blackledge posted explicit photographs of the teen on a website with the teen's contact information and a list of her sexual services. There appears to be a good bit of evidence on the internet and elsewhere on Mr. Blackledge. His bail was set at $250,000. It is a shame that teens are exploited in this manner.

You can read more about this story at Oregon Man Arrested for Pimping Out a Teen on the Internet.

Posted On: May 6, 2009

Cincinnati Ohio Mom Charged with Crime After Toddler Found Miles from Home in Cincinnati Ohio

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

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In Ohio and Other States, the proper supervision of children is vital to their health, safety, education, and welfare. In Cincinnnati, Ohio, a mother (Jenna Martin - Age 38) was arrested after her 4 year old toddler was found wandering the streets two miles from home. The little girl was found by police officers at approximately midnight. When the police went to Ms. Martin's home, they found Ms. Martin's 5 year old son home alone.

Ms. Martin may have an excuse for leaving one chid home alone and another roaming the streets. However, if Ms. Martin was merely neglectful and left these two small children home alone while she merely went out, Ms. Martin will face some serious criminal charges like child neglect / child endangerment.

Fortunately, neither child suffered serious personal injuries or wrongful death from the lack of supervision. 4 and 5 year old children lack the necessary life experience and judgment to make good decisions and keep themselves out of danger. As such, close parental supervision is vital to their safety.

You can read more about this story at Ohio Mother Arrested for Lack of Supervision of Her Children / Child Endangerment Criminal Charges.

Posted On: May 6, 2009

Video Surveillance and Evidence Shows Two Adults Provided Alcohol to Teen Who Overdosed and Died in Lebanon, Missouri

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Investigators have turned over video surveillance and other evidence showing that two adults provided alcohol to a minor who later died from an alcohol overdose. Perry McClenahan, age 16, died from an alcohol overdose on April 18, 2009. Perry and other minors were provided with alcohol by adults. The minors attended Lebanon High School. Video surveillance from the store where the alcohol was purchased along with the receipt will serve as evidence in an expected criminal prosecution of this matter.

Why is there a minimum drinking age in place?

Why should both minors and adults follow the law?

What are the dangers of providing alcohol to minors?

There are basic questions that really should not be questioned by any thinking adult. Teens often times lack the judgment to deal with the safe consumption of alcohol. Combine age, inexperience, and peer pressure and you get a deadly combination that can lead and does lead to alcohol related deaths in Missouri and other States. You can read more about this story at Adults in Lebanon, Missouri Suspected of Buying Alcohol for Underage High School Students.

Posted On: May 5, 2009

Child Killed While Crossing Road in Mason City, Iowa

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

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In Iowa and Other States, pedestrian injuries and deaths are unfortunate statistics and incidents. Some incidents result from driver inattention or distraction. Other incidents result from pedestrian inattention, negligence or distraction. In many accidents, fault can be attributed to both the driver and pedestrian.

In Mason City, Iowa, a child was struck and killed when he was hit by a vehicle driven by a teenage driver. Iowa State Patrol reported that a group of "kids" were crossing Iowa Highway 122 near South Georgia Avenue and South Jersey Avenue at the time of the incident. The driver was identified as Kyle Leedon, age 18, of Sheffield, Iowa. The victim was taken to Mercy Hospital located in Mason City, Iowan where the victim was pronounced dead. News reports did not release the name of the vicim or the family of the victim.

Iowa State Patrol will conduct a full investigation into the traffic death of the child to determine if charges will be filed or not against the teen driver. No matter the result of the investigation - it is certainly a tragedy when a young life abruptly ends from a traffic related incident.

You can read more about this story at Child Killed While Crossing Road in Mason City, Iowa.

Posted On: May 5, 2009

Ohio College Student (Amy Adams) Dies from Fall While Hiking in Ohio State Park

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

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In Ohio and other States, children and students enjoy the amenities and sites of state and national parks every day. Unfortunately, many students and children are injured in these parks. Some even die. In Cambridge, Ohio, a college student (Amy Adams) from Muskingum College recently died. She was hiking at a park in eastern Ohio when she fell from a cliff at Hosak's Cave. She was air lifted to Akron General Hospital where she died. Park officials state that Amy wandered off of a marked trail to get to the top of the cliff.

It is truly sad that a college student with such zest for life and adventure died.

While there is adventure and fun at state and national parks, there are also many dangers. All visitors, adults and children, should pay close attention to warning signs and dangers in these parks.

State and national parks have a duty to keep the parks as safe as possible. Trails and dangerous areas should be clearly marked with appropriate warnings and signage when reasonable and possible.

You can read more about this story at College Student Dies in Ohio Hiking Accident.

Posted On: May 5, 2009

Missouri Children Learn About Bicycle Safety at Nixa Community Center (Safetypalooza)

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Christian County (Missouri) Optimist Club hosts an annual event called Safetypalooza. This program promotes bicycle safety to children. The event provides children with important safety lessons for riding bicycle. Every year, children are unfortunately injured while riding bicycles in Missouri and other States. Safetypalooza is an important program that helps prevent serious personal injuries and wrongful death to children who ride bicycles.

Helmets are an important component of this and other safety programs. We recommend that parents start children with helmets and make the wearing of a helmet a good habit that is never optional. Whether the child is riding a bicycle in a driveway or for a long ride, make sure that the child wears a helmet. Serious injuries while riding a bicycle happen in driveways and long rides as well.

You can read more about Safetypalooza at Kids Learn About Bike Safety in Nixa, Missouri.

Posted On: May 5, 2009

11 Year Old Massachusetts Boy Hangs Himself After Bullying in School

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

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An 11 year old Springfield, Massachusetts boy recently committed suicide after daily
taunting and teasing incidents of being gay. His mother made weekly pleas to the school about the problem that ended in her son's death. Carl Joseph Walker-Hoover died by hanging himself.

A child should not have to endure such teasing and taunting anywhere, and certainly not at school. Teasing and bullying takes many different forms, and unfortunately bullies will find something to pick on. Schools are meant for education, and this education needs to include teaching the bully what his or her actions do to others, and to also work with all children to explain that bullies are often acting out of their own insecurities. Teachers need to be better trained to notice bullying and its victims.

Even though schools should be havens of safety and education for children, unfortunately, they are often the source and location of angst for children who are gay, appear to be gay, or are singled out by bigoted and ignorant students who label or accuse them of being gay. Sexual orientation in one direction or another is no excuse whatsoever for intolerant bullying behavior any more than the color of someone's hair or skin.

Almost 90 % of LGBT (lesbian - gay - bisexual - transgender) teens report that they have been verbally harassed at school. Over 40 % report being physically harassed. This is simply unacceptable. Children should be taught that everyone is different, and to appreciate and accept those differences. When needed, schools should take swift corrective action to ensure that bullying isn't tolerated. Far too often victims of bullying end up committing suicide or committing acts like those that occurred ten years ago in Columbine, Colorado. The stakes are simply too high to allow what happened to young Carl Joseph Walker-Hoover to happen again.

You can read more about the problems with bullying in schools at Bullying of Gay Students - Problem and Statistics.

Posted On: May 4, 2009

St. Louis (Brekenridge Hills), Missouri Teacher Accused of Inappropriate Relationship

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Missouri and other States around the nation, it appears that more and more stories are being reported about female teachers having inappropriate (sexual) relationships with male students. Some believe that these situations are different from male teachers having a relationship with a female or a male student. I disagree. Teachers are put in a position of trust with students. Teachers are not placed into schools to hit on or pick up students like at a singles bar. Teachers are there to supervise and educate our children - not have sex with them. In St. Louis (Breckenridge Hills), Missouri, an investigation is under way regarding a Special School District teacher who allegedly had an inappropriate relationship with a 17 year old male student at Ritenour High School. See Missouri Teacher Faces Allegations of Inappropriate Relationship. The teacher was placed on leave pending the investigation. Of course, the teacher has a right to defend herself against any administrative or criminal charges.

In many instances, text messages and e mails prove to be the downfall for teachers. There is an entire electronic trail that helps prove up the relationship. Of course, e mails and text messages must be confirmed forensically to make sure that they indeed were sent or received by the teacher. It is truly amazing that teachers who go through college think that their activities both in person and electronically would go unnoticed and undetected by school and law enforcement officials.

Posted On: May 4, 2009

Charter Bus From Orlando, Florida to Montgomery, Alabama Catches Fire with Children on Board

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

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In Alabama, Florida, and other States, charter buses fill the roads. There have been several charter bus accidents and incidents in the news over the past few months. This has led safety experts and government officials to question the standards for bus manufacturing, maintenance and operation. In Montgomery, Alabama, a charter bus filled with children recently caught on fire. It appears that the fire started in the brake system and then spread to other parts of the bus. Fortunately, the passengers (adults and children) were safely evacuated from the bus. One of the adult passengers did need oxygen from smoke inhalation. Fortunately, serious personal injuries and death were avoided.

You can read more about this incident at Charter Bus with Children Catches Fire on Highway 231 in Alabama.

Posted On: May 4, 2009

15 Year Old Student Struck and Killed by Rhode Island School Bus

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A tragic pedestrian / school bus accident took place in Warwick (Providence) Rhode Island recently. A 15 year old student was hit and killed by a school bus carrying students from Providence High School. News reports indicate that the student was wearing headphone at the time of the accident. She was hit while she was crossing the street. While the student may have been distracted, it is unknown from the information reported in the news who was at fault for the accident. Of course, it is not against the law for a pedestrian to wear headphones. There have been other accidents in which pedestrians have been distracted while wearing headphones. This goes the same for drivers as well.

A homicide traffic death investigation will be conducted as to the cause of this accident.

You can read more about this story at 15 Year Old Student Hit by Rhode Island School Bus.

Posted On: May 4, 2009

2 Teens and Young Man Swept Away After Jumping into the Colorado River on Hike Through Grand Canyon

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Arizona and other States, rivers can be quite dangerous places even for strong young men who believe that they can easily deal with the strong currents, frigid temperatures, and other hazards. Tragically, a dead body was found which will most likely be identified as one of three who jumped into the Colorado River on a hiking trip. The two teens and man were not wearing life vests or jackets. Until family members are contacted and the body is positively identified, the name of the victim will not be released by a newspaper. Search efforts continue for the other two people who were swept away by the strong river current. Grand Canyon Officials identified the three victims as Saif Savaya (age 15), Mark Merrill (age 16) and Joe Merrill (age 22).

I have visited Colorado within the past year and went white water rafting. I was told that the river had some strong areas but paled in comparison with other rivers. Nevertheless, I wore a life vest / life jacket and did not challenge the water by jumping into the cold waters.

It would be interesting to know more details about the incident with the three people who were swept away from the current. In particular, the following issues or questions come to mind:

Did others from the group jump into the Colorado River?

What warnings (if any) were the three people given as to the dangers of the river?

Did the three people ignore warning sizes or instructions not to go into the river?

Who was the guide or supervisor of the tour group?

What were the swimming skills of the three people?

Were there other areas of the river available or near by that would have been safer to go into?

It is tragic for a teenager or young man to lose his life at such a young age. You can read more about this story at One of Three Swept Away in Grand Canyon Found Dead.

Posted On: May 4, 2009

Colony Middle School Students (Alaska) Disciplined After Moose Death

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Cruelty to animals is no laughing matter. Recently, students at Colony Middle School were disciplined after their actions led to the death of a moose. The students thought it was a good idea to taunt and tease the animal. The moose was so upset that the moose repeatedly threw itself against a wall until it died. Some may read this article and dismiss it as a childhood prank. The incident really does have a bigger meaning. It shows how far students will go to tease animals or other children for that matter. Children should show empathy for their peers, teachers, and animals. Many animals are defenseless and should be treated with respect and dignity. It is a shame that bullying and teasing led to the death of the Moose. Officials acted properly in disciplining the children.

You can read more about this story at Middle School Students in Alaska Disciplined After Teasing and Taunting a Moose.

Posted On: May 3, 2009

One Killed When Pickup Truck Hits a Tour Group in Savannah (Chatham County) Georgia

By Stephanie F. Brown, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network State%20Map%20Georgia.jpg Savannah Georgia is a wonderful tourist destination. Unfortunately, at times, Savannah is also the site of automobile accidents involving pedestrians, personal injuries and wrongful death. Recently, a business development manager from Sweden was killed and a woman from Sweden was injured when a pick up truck hit them during a night walking tour in downtown historic Savannah. Nils Eric Svensson, age 61, of Skanor, Sweden and Anne Christine Bjarkby were visiting Savannah, Georgia as part of a Swedish delegation. Ms. Bjarkby suffered a fractured hip. You can read more about this story at Swedish Delegation Members Injured in Savannah Georgia When Hit by a Pick Up Truck.
Posted On: May 2, 2009

Michigan Quadriplegic Child Found Dead in Storage Facility - Investigation Pending

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

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Michigan authorities are conducting an investigation regarding the death of a 9 year old quadraplegic girl. Tragically, her body was found inside a public storage facility.
Shylea Thomas, age 9, lived in Flint, Michigan. She was quadraplegic and needed a feeding tube for nutrition. Genesee County Prosecutor David Leyton, investigators, and police officers are conducting this investigation. Shylea had not been seen for six weeks and relatives reported her missing. Her adoptive mother, who was also the child's aunt, was taken into custody. Shylea's body was placed into garbage bag that was surrounded by moth balls to try to mask the smell of the body.

Investigators are puzzled as to why the child was missing for 6 weeks before anybody reported this matter to police. You can read more about this story at Quadraplegic Girl, 9, Found Dead in Storage Facility.

Posted On: May 1, 2009

Dekalb County (Decatur) Georgia To Review Anti-Bullying Policy Following Suicide Death of 11 Year Old (Jareem Harrera)

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

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The Dekalb County (Decatur) School Board - Georgia will review an anti-bullying policy following the suicide death of an 11 year old boy. Jareem Harrera hung himself on April 16. He told his parents that he was upset after being teased for "talking funny" and "being gay". Tragically, Jareem was found by another family member after Jareem hung himself. The policy that was in place at the school required teachers to report instances of bullying and that three instances / incidents would be sufficient to get the violating student expelled.

Schools, teachers, and administrators in Georgia and other states should take a tough stance on bullying. It just should not be tolerated. As for Jareem, it is too little -too late to help this little boy; however, his death should not be forgotten and can serve as a teaching tool (a tragic teaching tool) as to the dangers and consequences of bullying. It will be interesting to know what complaints were made, the number of complaints, sources of the complaints, and actions taken by the teachers / schools. While we will never know sure, could the school have prevented this tragedy from taking place? Did Jareem feel alone and unprotected by the school? You can read about this story at Dekalb County To Review Anti Bullying Policy.

 
 
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