Child Injury Lawyer Blog

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

The Connecticut Department of Children and Families has a duty to investigate reports and incidents of child abuse, neglect, and mistreatment.

How does the Connecticut Department of Children and Families define "Abuse"?

Abuse is defined as the non-accidental injury to a child that is inflicted or allowed to be inflicted by a person responsible for the child's care.

How does the Connecticut Department of Children and Families define "Neglect"?

Neglect is defined as the failure of the person responsible for the child's care to provide and maintain adequate food, clothing, medical care, supervision, and/or education.

Children are the unfortunate and innocent victims of abuse and / or neglect in day care centers, schools, summer camps, churches, and yes, even their own homes. If you are concerned about injuries or potential injuries of a child, contact the Connecticut Department of Children and Families and / or a qualified Connecticut Child Injury Lawyer / Attorney.

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

When a child or adult is injured or dies as a result of a drowning incident in Illinois, does the facility have a duty to prepare and submit an Incident Report? The simple answer is yes. Pursuant to Title 77, Chapter 1 Department of Public Health, Subchapter N - Recreational Facilities - Part 820 Illinois Swimming Pool and Bathing Beach Code - Section 820.315 Notification, all drownings and injuries or illnesses that require hospitalization must be reported to the Department of Public Health within 24 hours of the incident on a form known as the Drowning and Injury Report. Completion and submission of the report helps the Department of Health monitor and review drowning incidents that take place in swimming pools and beach areas. There have been many reported drowning incidents in Illinois and around the United States this summer. It is unfortunate that drowning injuries and deaths continue to take place especially since many incidents are preventable through better supervision, safety precautions, and better judgment on the part of parents, children, caregivers, supervisors, and lifeguards.

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

In Ohio and other States, summer time is a great time to be outdoors and enjoy the warm weather. People of all ages enjoy swimming and playing around and in swimming pools, lakes, rivers, canals, and other water ways. When children are around water, there is always the danger of drowning. This danger applies to infants, toddlers, school aged children, and even adults who are not strong swimmers. In a matter of minutes, a person's life can be forever changed or even ended by death due to drowning in any kind of body of water, pool, or play area - ranging from a kiddie pool to a large water way.

Wendy Pomerantz, M.D. is an emergency room physician based at the Cincinnati Children's Hospital (Ohio) and is very aware of the dangers and injuries related to drowning incidents in Ohio and other parts of the United States. Dr. Pomerantz notes that any child is at risks for drowning related injuries and deaths who is around or near water.

There was a recent story that reported that an infant died as a result of a drowning in a mop bucket at a day care center. As noted by Dr. Pomerantz, a child can drown in a toilet, fountain, bucket, bath tub, and other areas that hold even a small amount of water. Supervision is the key to prevention. Safety precautions to either eliminate, restrict, and / or secure the area containing water are also keys to prevention. You can read more about the dangers of drownings to children and safety tips to prevent drownings at Facts and Safety Tips Around Swimming Pools and Other Areas of Water.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, foreclosed homes are increasing in number every day. Some foreclosed homes have swimming pools. During and after the foreclosure process, swimming pools often times are not properly maintained or secured by those owning and / or controlling the property whether it is the foreclosed upon owners, banks, or mortgage companies. Children see swimming pools, whether or not the pools are maintained, supervised, or secured, as places of adventures. Unfortunately, children do not recognize the dangers of pools and suffer personal injuries and deaths when they use pools with no supervision. In Avon, Indiana, Sheyenne Jenkins, a 5 year old daughter of Secrena Erwin, wandered into a neighborhood pool and drowned. The home and pool were abandoned. Unfortunately, the pool was still filled with water. While the pool had a cover, neither the cover nor the pool were properly maintained or secured to keep young children from wandering into the pool area and the pool itself. Sheyenne fell into the pool and drowned. The tragic events leading to Sheyenne Jenkins' death shows the dangers of swimming pools of foreclosed or abandoned homes. Banks, mortgage companies, and investors in control of abandoned homes have a duty to secure the area and maintain barriers and fencing according to applicable State and local laws. You can read more about this story at Foreclosed Homes (Swimming Pools) Are Dangerous to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other states, parents entrust the safety and welfare of their children. It is the duty of a babysitter to act in the best interests of the child and make sure that the child is kept safe under the babysitter's supervision and guidance. In Post Falls, Idaho, a 28 year old woman (Summer Nelson) is charged with the crime of having sex with a 14 year old child under her care. It was reported that the woman molested the child on at least 4 occasions and expressed her love for the child to others.

Summer Nelson was a friend of the boy's mother. If the criminal allegations are true, Ms. Nelson abused her position of trust and took advantage of this child. The crime truly is no different had a 28 year old man molested a 14 year old girl. You can read more about this story at Idaho Babysitter Charged with Crime of Having Sex with 14 Year Old Boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Alaska has enacted a new law that required children under the age of 8 years old or under the weight of 65 pounds require to be placed in a car or booster seat while traveling on roads in Alaska. Complying with the law is important. Making sure that a child is adequately provided with safety measures is vital. It has been reported that the leading cause of death among children ages 1 to 14 years old in Alaska is related to motor vehicle accidents. Using infant seats, booster seats for children and seat belts can save lives. You can read more about Alaska's new law at What You Need to Know About Alaska's Child Booster Seat Laws.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Years ago, cheerleading was dominated by pom poms and simple cheers. Over time, cheerleading evolved to include acrobatics, flips, and free fall from high pyramids. As a result thereof, cheerleading has become a very dangerous sport riddles with serious personal injuries to boys and girls alike. While safety efforts have been stepped over over the past few years, there continues to be serious personal injuries and deaths while practicing and performing cheerleading routines and stunts. It has been reported that there were 67 fatal, disabling, or serious personal injuries resulting from cheerleading incidents between 1982 and 2007. This accounted for over 60 percent of the total incidents of injuries to female high school student athletes during this time period.

If you have a child participating in cheerleading or other sports, ask the coach about the routines that will be performed and the risks of the sport. Also ask about safety measures and policies / procedures regarding the same. You can read more about the risks and dangers of cheerleading at Cheerleading Is a Dangerous Sport.

In Pleasanton, California, a 3 year old boy fell out of a hotel window from the third floor. A fall from this height can result in serious personal injuries, head / brain trauma and damage, and, in some cases, wrongful death. Fortunately, the child's fall was cushioned by a screen and a hedge. The child had leaned on the screen attached to the window prior to the fall. The child was taken to Children's Hospital for treatment and evaluation. The fact that this child only suffered minor injuries is a minor miracle. This story shows the importance of safety precautions and supervision when a child is staying in a hotel or any building with windows that open or are accessible to children. You can read more about this story at Boy Falls from Hotel Window in California Suffering Minor Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other Stated, day care owners / operators and child care workers have a duty to provide each child with a safe and clean environment. Tragically in Olathe, Kansas, a little girl (Ava Patrick) died in April 2009. An investigation revealed that Ava died as a result of getting her neck caught in part of a wooden fence used to enclose children in a room at the day care facility. It was also revealed that the day care center had capacity for 6 children yet had 14 children in the facility at the time of the incident. Jeanette Lawrence, the day care operator, has been charged with involuntary manslaughter, aggravated endangerment of a child and violating day care regulations. You can read more about this story at Kansas Day Care Operator Is Charged with Crimes Involving Death of Child at Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Penndel Pennsylvania day care center (Fairy Tales) was recently re-opened following the tragic death of a child who was left unattended in the owner's vehicle. The Pennsylvania Department of Public Welfare subsequently found record keeping violations and some potential safety violations. The day care center is being defended by an attorney (Mike Mustokoff) who denies that the day care center is unsafe or a danger to children.

According to news reports, the Pennsylvania Department of Public Welfare found the following violations:

*A child was left unattended and unsupervised in a vehicle;

*A written report was not sent by the center within 72 hours of the death of a child;

*Criminal background and child abuse history checks were not completed for two staff members of the day care center; and

*The child's file lacked the required parent consent form for transportation and other consent forms.

Attorney Mustokoff believes that the day care center has valid defenses to these allegations. You can read about these allegations and defenses at Fairy Tales Day Care Center Continues to Have Issues with the Department of Child Welfare - Attorney Defends Day Care Center.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. Pursuant to Section R9-5-604 - AAC - Outdoor Activity Areas, a child care facility / day care center has a duty to provide a playground or outdoor activity area for children enrolled in the day care program. A day care operator should not place the outdoor play activity in an area that requires children to cross a parking lot or street unless the operator obtains written approval from the Department. In addition, operators have a duty to enclose the outdoor play area / playground with a fence that is a minimum of 4 feet high and secured to the ground. A proper fence will help prevent children from wandering out of the secured play area. The playground area shall be maintained in a manner that protects the health, safety, and welfare of the children. Many personal injuries result from improper or inadequate ground services. As such, Arizona law requires that a child care facility have a shock absorbing rubber material or, in the alternative, 6 inches of of a nonhazardous material like loose sand or wood chips under swing sets and other play equipment. These materials help cushion falls and, thereby, help prevent personal injuries to children playing in the playground area.

Even if the playground is in compliance of the applicable code provisions, supervision is still vital to prevent injuries that occur on playgrounds. Children often lack good judgment when climbing and playing with others. As such, dutiful adult supervision is necessary to guide the children and prevent them from getting hurt.

If you believe that your child has been abused or neglected in a day care center / child care facility, call an Arizona child injury lawyer for consultation as to your child's rights under Arizona law and actions that can be taken against the facility that violates your child's rights.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. Pursuant to Section R9-5-510 - AAC - Discipline and Guidance, child care facilities / day care centers have a duty to ensure that staff members follow specified rules and procedures for guidance and discipline. A facility can define and maintain consistent and reasonable rules for guidance and discipline involving a child's behavior in the facility. A staff member cannot use a method of discipline that could cause harm to the safety, health or welfare of the child. Corporal punishment measures are prohibited. A staff member also is prohibited from using eating, napping, sleeping or toileting as means of discipline when a child misbehaves in a facility. In other words, a staff member cannot use hot sauce to discipline a child or deprive a child of fluids or food as a disciplinary measures. Mechanical restraints are also prohibited. These rules and regulations (if followed) can help prevent injuries to child by employees who believe that force and corporal punishment are the answers to disciplinary problems. If you believe that your child has been abused or neglected in a day care center / child care facility, call an Arizona child injury lawyer for consultation as to your child's rights under Arizona law and actions that can be taken against the facility that violates your child's rights.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. Pursuant to Section R9-5-40 - Staff-to-Children Ratios AAC, a licensee has a duty to staff the child care facility according to prescribed staff to children ratios to comply with the child care regulations. Facilities that are compliant with staff ratio standards typically have a better record of supervision. Many personal injuries and tragedies take place in day care centers that are understaffed. Facilities that violate staff to children ratios often times violate other standards that help promote and ensure proper supervision of children in the day care setting.
Infants
*1 Staff Member Per Every 5 Children or 2 Staff Members Per Every 11 Children

1 Year Old Children
*1 Staff Member Per Every 6 Children or 2 Staff Members Per Every 13 Children

2 Year Old Children
*1 Staff Member Per Every 8 Children

3 Year Old Children
*1 Staff Member Per Every 13 Children

4 Year Old Children
*1 Staff Member Per Every 15 Children

5 Year Old Children (Not School Age)
*1 Staff Member Per Every 20 Children

School Age Children
*1 Staff Member Per Every 20 Children

The above ratios are in place for mixed aged groups based on the age of the youngest child in the group. You can read more about these standards and other staffing standards at the Arizona Administrative Code.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. Pursuant to Section R9-5-307, AAC, a licensee or staff member has a duty to report suspected or alleged child abuse or neglect to the State of Arizona Child Protective Services or to local law enforcement. The Department shall be notified within 24 hours of the required reporting. Within three days of reporting, the facility shall send written documentation to the Department and any law enforcement agency previously contacted. The written documentation shall be maintained by the facility for 12 months.

Children, whether neglected at home or at the facility, deserve to be protected from further abuse or neglect. Furthermore, in many instances, the medical needs of an abused or neglected child is not timely provided. By reporting allegations or suspected abuse, children will get more timely medical care and evaluations.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. Pursuant to Section R9-5-308, AAC, Arizona requires that each child care facility / day care center have a minimum of $300,000 in liability insurance coverage. This kind of insurance would cover injuries caused by negligence or lack of proper supervision resulting in personal injuries / wrongful death of a child at the facility. It is vital that facilities have this coverage in effect that that parents of injured children have a financial source of compensation for medical bills, future medical, and pain / suffering type of damages.

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

The Oklahoma Department of Human Services took action to shut down a child care center (Creations Childrens Learning Center). It was reported that the center was closed after a child was injured without the staff's knowledge due to a lack of supervision. A parent of the injured child had discovered the injury and the child was taken for medical treatment at an emergency room. Previously, a child had left the child care center and no staff members noticed immediately. The Department of Human Resources report that both incidents were due to a lack of supervision. The Department of Human Resources licenses and regulates day care centers / child care centers in Oklahoma.

It is important for day care staff members and caregivers to provide proper and consistent supervision in the day care setting. Children should not suffer personal injuries that could have been avoided with more diligent care and supervision. You can read more about this story at DHS Shuts Down Oklahoma Day Care Center.

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

In Brighton, Massachusetts, a man suffered serious personal injuries when he was hit by a car. The man was in the process of strapping a child into a car seat at the time that he was hit by a car. The injuries were reported as massive head trauma. The police arrested Cathy Bergin-August, age 47, from Boston Massachusetts. She was charged with leaving the scene of an accident with personal injuries and the negligent operation of a motor vehicle. You can read about this story at Man Suffers Massive Head Injuries When Struck by a Car in Breigton, Massachusetts.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. It is important for child care facilities to know, understand and follow these rules and regulations. Children are far less likely to suffer from serious personal injuries if the operators and owners of these licensed child care facilities are in compliance with the Arizona Administrative Code and related regulations. You can review these important code provisions at Arizona Administrative Code - TItle 9 - Chapter 5. Laws do not always make sense and are often times subject to interpretation by an attorney and Judge. You should consult with an Arizona child injury attorney / lawyer if you have questions about a personal injury suffered by your child in an Arizona child care facility / day care center.

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

A DeKalb County, Georgia teacher has been arrested for fondling a student. Charles Thomas McClendon, a teacher at Stone Mountain (Georgia) Middle School was observed by a police officer in a car with a 15 year old girl. Police believe he was about to have sex with the 15 year old. It appears the act of throwing a condom out of the car was a tip or piece of evidence for the the police. Mr. McClendon is being held in the Clayton County (Georgia) county jail. Mr. McClendon was seen in the back seat area of a pick up truck at 2:30 a.m. in the parking lot of a restaurant. It is amazing that school teachers, who go through training and higher education, risks their careers and engage in activity that is harmful and abusive of children. Even if the 15 year old was a willing participant, it does not excuse the teacher's conduct or the fact that he committed a crime. Teachers are in the community serve as role models and mentors not to date, molest, or fondle children or teens. You can read more about this story at DeKalb County (Georgia) Teacher Arrested for Fondling a 15 Year Old Girl.

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

In Des Moines, Iowa, an infant is in the hospital in critical condition. The parents were arrested by law enforcement authorities for child endangerment charges. The parents, who are both 20 years old, turned themselves into authorities at the Des Moines police station. Ethan Neiderbach, who is only 7 weeks old, suffered severe head injuries and fractured ribs. Ethan was reported as being treated at Blank Children's Hospital. The parents claim that they did not know how the child suffered such injuries. Police report that doctors have indicated that the injuries were intentionally inflicted. In a case of this nature, the reports, opinions, and examinations of the medical experts will be an important piece of the puzzle to determine the events and causes of this child's injuries. You can read more about this story at Parents Arrested for Child Endangerment in Des Moines, Iowa for Child Endangerment Charges.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Arizona Department of Health Services - Division of Licensing Services - Office of Child Care Licensing has the responsibility to regulate and monitor day care centers / child care facilities, public school care programs and child care group homes across the State of Arizona. Before selecting a day care center / child care facility for a child, parents and caregivers should do some research and investigation as to the licensing and enforcement history of the facility. In addition, a parent or caregiver should visit or screen the facility before enrolling the child in the day care program. You can look up a day care center / child care facility and get basic information and licensing information for the facility at Child Care Provider - Search Form.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Multnomah County, Oregon, a 5 year old girl was found in the parking lot of the sheriff's office. She then told officers that she wandered away from an abusive home. Sherirff Bob Skipper saw the girl and brought her into the building. The little girl later told police that her mother worked at nights and the little girl left out of an unlocked door. The little girl also reported problems with her mother's boyfriend that appeared to be abusive and sexual in nature. The child will be kept in custody as an investigation is conducted by the Multidisciplinary Child Abuse Team. You can read more about this disturbing story at 5 Year Old Girl Wanders into the Safety of the Sheriff's Parking Lot in East Portland, Oregon.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Colorado Department of Public Health and Environment recent held a symposium in Denver. Statistics were reported at the symposium regarding child deaths from automobile accident. Statistics show that the number of deaths from automobile accidents of children (age 0 - 20) dropped by forty four percent between the years of 2003 and 2008. The event / symposium was held as part of a campaign of awareness and prevention by the Center for Disease Control and Prevention.

While these statistics show improvement, many children died and were injured in automobile accidents. A good number of these incidents resulted from the negligent driver of a person on Colorado roads. One death from negligence or distracted driving is one death too many. You can read more about the symposium at Colorado Statistics - Child and Teen Motor Vehicle Deaths Decline.

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

In Medfield, Massachusetts, an elderly driver hit two children when the driver was pulling out of a church parking lot. The children (approximately 2 years old and 5 years old) were crossing the crosswalk with their grandmother according to police. The 2 year old suffered facial trauma but the injuries were not reported to be life threatening. The driver was reported as 83 years old. You can read this story at Elderly Drive Runs Over Children in Crosswalk in Parking Lot.

It appears from the facts of this story that the grandmother and small children were properly using the crosswalk. Unfortunately, some drivers are distracted or do not see pedestrians using crosswalks.

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

In New York and other States, it is common to see and read about automobile accidents and trucking accidents. It is not so common to see or read about accidents between a lawn mower and a bicycle. In Ontario County, Richmond - New York, a boy suffered minor personal injuries when he lost control of his bicycle and then was hit by a moving riding lawnmower. The blades from the mower were not in motion at the time of the crash. Linda Piacente, the lawnmower driver and operator, got off of the mower and lifted it off the boy who suffered minor abrasions to his back, shoulder and hand. Fortunately, tragedy and serious personal injuries were avoided in this incident. You can read about this story at Boy Avoids Serious Injuries in Crash with Lawn Mower in Richmond - Ontario County, New York.

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

Some people should never been allowed to be parents. In Maryland, Renee Bowman is one such person. She is charged with abuse and murder of two girls were were killed and placed inside a freezer. More than 3 years old, police investigators believe that Ms. Bowman killed the two girls. Prior to killing the children, it appears that both children were victims of child abuse as well. The two girls died a very tragic death. Minnet Bowman (age 9 at death) and Jasmine Bowman (age 7 at death) deserved much better from Ms. Bowman. This is an understatement in that they were allegedly murdered by Ms. Bowman. Even after death, Ms. Bowman continued to accept public benefits for the children. Obviously, these funds did not go towards any care, food or services for the children. During the girls lifetimes, Ms. Bowman proved to be a horrible caregiver who frequently locked the girls in their room and made them toilet in a bucket. You can read more about these disturbing and tragic crimes at Maryland Mother Faces Criminal Charges for Abuse and Murders of Children.

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

Teachers make mistakes. They are human. However, when a teacher makes a mistake, it can have larger consequences since children are often times involved. In Elk Grove, California, Crystal Defanti sent a DVD home with the children at the end of the year. Unfortunately, Ms. Defanti had 6 seconds or so of Ms. Defanti engaged in a sex act on the DVD. The Elk Grove Unified School District asked the families to return or get rid of the DVD. It is unknown from news report what penalties (if any) will be handed down to Ms. Defanti for distributing such a video. Whether you are a teacher or any other person, it is never a good idea to have yourself video taped while having sex. I am sure that Ms. Defanti wished that the video clip never existed in the first place. You can read more about this story at California Teacher Mistakenly Sends DVD with Sex Act Out to Her Students.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, law enforcement officers arrest people every day for dealing drugs and for other illegal activities. Drug dealing can often times lead to violence and negligence that leads to the harm of innocent third parties including children. That is why it is important for law enforcement and communities to keep drug dealing away from schools and day care centers. In Richmond, Indiana, law enforcement officers arrested three people suspected of drug dealing within 1000 feet of a day care center. All three criminal defendants sold drugs to the same undercover agent. Members of the Wayne County Drug Task Force and Police Department should be commended for their efforts to enforce the law and keep areas in and around day care centers safer. You can read about this story at Three People Facing Criminal Charges for Drug Dealing Near Richmond, Indiana Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Over this summer, there have been many reported deaths, injuries, and incidents involving children left in cars by parents, caregivers, and day care centers. The New Jersey Coalition of Automotive Retailers and the Department of Children and Families are partnering to promote a child safety awareness program of the dangers of leaving a child unattended in a vehicle. The theme of the program is "Not Even for a Minute". This is a great phrase to use and actually very practical advice. Be consistent and diligent with your children. Always supervise them and do not leave them alone in a vehicle. When unsupervised or unattended in a vehicle, a child can suffer injuries related to hyperthermia (extreme heat), hypothermia (extreme cold), strangulation (by seatbelts, power windows or other objects), choking (small objects including coins), and other injuries. You can read more about the New Jersey safety awareness program at New Jersey Automobile Retailer Group to Promote Child Safety Awareness.

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

In Baton Rouge, Louisiana, a child died while under the care of Wanda's Kids World (day care center / child care center). It has been reported that Wanda's Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda's Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.

It has been reported that there was a automobile insurance policy in place for the van. This automobile insurance policy should provide coverage for the wrongful death. Like the liability insurance policy, the automobile insurance policy should be reviewed to determine the amount of coverage and other terms of the policy.

Liability insurance policies typically cover incidents that take place at the day care facility and during times of supervision outside of the facility. It is common to see exclusions for vehicle related incidents. Since the incident involving the van did not involve an automobile accident, there may be some ambiguity in the liability insurance policy as to coverage. This may be the reason that Colony is seeking a Court order on this matter.

You can read more about this story at Insurer (Colony Insurance) Files Lawsuit That Claims Van Is Not Covered Under the Insurance Policy.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Many school districts including some in Arizona have a zero drug tolerance policy. While it is important to keep drugs out of schools, enforcement of this policy needs to be done with humanity, common sense, and within the confines of the United States Constitution. The Supreme Court of the United States ruled that school officials at the Safford Middle School (Arizona) violated a student's rights when she was strip searched for prescription strength Ibuprofen. The Court noted that a child cannot be forced to remove her clothing unless it is deemed that the child's health is at risk. Savana Redding was 13 years old at the time of the incident. Legal scholars and experts point out that this Court decision still leaves many questions and issues unanswered. Since strip searches may be appropriate in extraordinary circumstances, it appears that the issue of strip searches in schools will continue to be litigated and debated for years to come. You can read more about this important Court decision at Supreme Court Rules that Arizona Middle School Strip Search Was Illegal.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, gun owners should take the time and effort to place handguns, shotguns, and other weapons in a secure area or lock box away from children. Many children lack the maturity and good judgment to handle a weapon without close supervision and instruction. In Cumberland County, Pennsylvania, police are investigating the shooting of a 6 year old girl by her 9 year old brother. The children were at grandma's house at the time of the shooting. The girl was transported to Penn State - Hershey Medical Center for serious personal injuries to her arm and torso from gunshot wounds.

Lt. Gib Morrisey reported that the police are investigating this incident. Lt. Morrisey pointed out that there is no law that required the grandma to lock up her gun. Whether or not there is a law in place, the grandma had a duty to provide a safe environment for her children. The grandma may have been negligent in her handling and storing of the weapon.

In many States, an family member (like a grandmother, aunt, uncle, or cousin) may be civilly liable for negligence for personal injuries or wrongful death of a child. Typically, there is no immunity for family members like grandparents for injuries sustained by the child. Homeowners insurance policies provide insurance coverage for negligent acts leading to injuries to children while at the home of a neighbor, friend, or relative. As such, the injuries sustained by the 9 year old girl in this incident may be covered by the grandmother's homeowner's insurance policy. Some insurance policies, however, do exclude injuries caused by guns.

You can read more about this story at 9 Year Old Pennsylvania Boy Shots Sister with Shotgun.

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

In New York, a son and family are mourning the loss of a father who died after being hit by a car driven by an angry man. Fox News reported that a 36 year old man got into a fight with his wife and then left the Chuck E. Cheese parking lot. This man erratically drove through the parking lot and streets of New York, hit several cars, and ran over the father who pushed his son away to save his life. The driver was later arrested. Anger and distraction can produce devastating results when driving. It is a tragedy for the family of the man mowed down by the angry driver. You can read about this story at Father Dies Trying to Save His Son From Angry New York Driver.

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

Sheriff Bobby Guidroz of St Landry Parish, Louisiana has good advice for parents: Never leave a child unattended in a vehicle - not even for a minute. This summer, there have been several deaths in Louisiana and throughout the United States involving children who have been left in hot cars / vans that have caused serious personal injuries and deaths. Some incidents have involved parents and some have involved schools and day care centers. Injuries of this nature (hyperthermia) are completely avoidable with better supervision and due care on the the part of the parent, caregiver, teacher, counselor, and / or bus driver.

Sheriff Guidroz recently pointed out that there were 42 deaths of children left in cars in 2008. Since 1998, there have been over 400 deaths. A majority of these incidents have involved a caregiver. Sheriff Guidroz also points out that hyperthermia (heat stroke) can happen in a matter of minutes since a vehicle can get almost 20 degrees hotter in a short time span. You can read more about Sheriff Guidroz's advice and the dangers of leaving children unattended in vehicles at Louisiana Summer Safety Stressed.

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

In Michigan and other States, drivers should exercise due caution when making left hand turns across lanes of traffic. This is especially true in school zones or where there are day care centers. In Genoa Township, Michigan, a serious automobile accident took place when a driver (Eric Wint) attempted a turn onto Grand River Avenue. Michigan State Police are conducting an investigation into this accident. According to a Michigan State Trooper, it is believed that Wint may not have seen the other vehicle in this T Bone type of accident. The impact of this crash pushed Wint's Chevrolet Malibu into a local day care center (School Bell). None of the 40 or so students were injured as a result of this automobile accident. Mr. Wint was transported to the hospital with serious injuries. The other driver was also transported to the hospital and later released. You can read more about this automobile accident and see a news video regarding the crash at Driver in Critical Condition Following Michigan Crash into Car and Day Care Center.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Phoenix, Arizona, an 8 year old boy suffered serious personal injuries following a shooting incident involving his uncle's gun. Unfortunately and quite tragically, the uncle or someone else left the gun in an area that was accessible to the 8 year old and other children. Gun owners have a responsibility to safeguard guns away from children. This incident would have been avoided had the gun been stored in a gun locker, safe, or other secured area away from the children. Investigators reported that the uncle, Javier Gudino Cruz, age 23, left the gun just outside the home in Phoenix, Arizona. You can read more about this story at Phoenix Arizona 8 Year Old Shot in Face After Finding Uncle's Gun.

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

In Detroit and other cities, even standing at a bus stop can prove to be dangerous. Recently, gunmen opened fire on a group of teenagers in Detroit. Seven teenagers were wounded. The incident took place near Cody 9th Grade Academy. Police later recovered a green minivan that is believed to be the vehicle used by the shooters to flee away from the scene. It is unfortunate the children attending summer school are put at risks of violence and shooting just for attending class. Hopefully, police will capture the gunmen and there is a reduction of violence in and around Detroit and other cities. You can read more about this story at Shots Fired at Bus Stop Near School in Detroit, Michigan.

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

In Georgia, investigators have determined that the shooting death of a 12 year old boy (Jaquane Butler) was accidental. Jaquane was playing with a 14 year old friend in East Point when Jaquane was accidentally shot by a 12 gauge shotgun. Jaquane attended school at Woodland Middle School. He had dreams for a future that were ended by a single gun shot. This tragedy shows the importance of locking of guns and keep them away from teenagers. No criminal charges are anticipated in light of the police investigation. You can read more about this story at Georgia Teen Accidentally Shot by Friend.

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

In a bizarre twist on leaving children in cars, a 12 year old boy has been charged with felony murder and cruelty to children in the death of his five week old cousin. The baby was left in a car by the mother at a store in Cobb County, Georgia. The 12 year old boy was apparently left in the car to watch the baby. When the mother came out, the baby was not breathing. The baby was taken to the hospital but died the following day.

An autopsy of the baby showed that the baby died of blunt force trauma to the head. The 12 year old boy, who resides in Tampa, Florida, was being held in the Cobb County Juvenile Detention Center. Investigators had no plans to charge the mother of the baby.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Topeka, Kansas, a toddler recently died from severe head trauma / personal injuries when the child was hit by a vehicle in a driveway. Further investigation by the Topeka Police Department revealed that the child was run over by Raul A. Retana-Vasquez, age 25. Mr. Retana-Vasquez was later arrested for Involuntary Manslaughter and Driving under the Influence of Alcohol.

Driveways can be very dangerous areas for infants, toddlers, and children. It is vital that drivers are paying attention, driving slowly, and NOT under the influence of alcohol or drugs. It is a tragic loss for this toddler, the family, and the community. You can read more about this story at Toddler Dies Following Being Run Over in Driveway in Topeka, Kansas.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Tragedies and deaths often times result in changes to laws to provide safety measures for children. In Arkansas, a law recently went into effect that raises the minimum age
An accident on Lake Hamilton two years ago led to a new Arkansas law that takes effect this week, setting the minimum age of 16 for a solo operator of a personal watercraft. The law is known as Rachel's bill which was enacted in memory of Rachel Rutherford. Rachel died in March 2007 at the age of 15 from injuries suffered in a jet ski accident. Children in the age range from 12 to 16 can operate a watercraft but only if they are riding with an operator who is 18 years of age or older. The law also requires all personal watercraft drivers to enroll in and complete a safe boating education course.

Hopefully, this law will reduce the number of serious personal injuries and deaths on Arkansas waterways. You can read more about this law at New Arkansas Law Raises Age Limit of Watercraft Operators.

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

In Houston, Texas, a Texas Childcare Licensing inspector discovered a very dangerous day care center operating illegally without a license. The surprise inspection revealed that 6 children were locked in an outdoor shed with no air conditioning. This same shed also had a weed killer container in it that could have been lethal to the children. Investigators found other children hidden in the home and next door at a neighbor's home. Unlicensed day care centers are especially dangerous because operators tend to bend rules or fail to have any at all for the protection of the children. Operators like these concentrate on the money rather than the welfare of the children. Marianna and Freddie Patek were arrested by law enforcement officials and face criminal charges including child endangerment and tampering with evidence. You can read more about this story at Unlicensed Day Care Center Operators Arrested for Child Endangerment in Houston, Texas.

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

Another child is dead after senseless violence in Canton Ohio. Harmoney Sankey only reached the age of 2 years old before becoming a victim of a crime in Canton, Ohio. Men broke into Harmoney's grandfather's home and the men demanded money. They shot the grandfather in the leg and Harmoney in the back. Police later arrested Makie Ragland and William Ferguson who were believed to be involved in the home invasion and shootings. Harmoney later died at Aultman Hospital. You can read about this sad and tragic story at Canton Ohio 2 Year Old Dies in Home Robbery.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Helena, Montana, operators of the Last Chance Splash Water Park & Pool closed down a slide following head injuries to three children. These children reported hitting the back of their heads while riding toward the bottom of the slide. Management will be reviewing the slide dimensions and set up with representatives to determine the cause of the injuries and to determine if safety measures can be taken to prevent further injuries to children using the slide. You can read more about this article at Three Children in Helena, Montana Injured on Water Slide.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nevada law requires children under 6 years old and under 60 pounds be placed in a car seat with a 5 point harness while traveling in a motor vehicle. Parents should take great care to make sure that the car seat is appropriate for the child, safely installed, and securely applied for the safety of the child. In Reno, Nevada, a 4 year old boy suffered severe head injuries following a three car accident. The boy was partially thrown or ejected from the vehicle. The boy, who was not identified by news reports, was later treated at Renown Regional Medical Center.

Investigators will fully review the evidence from the crash scene, witness reports, and the vehicle occupied by the 4 year old to determine the cause of the crash and whether there were any defects in the vehicle or the car seat that caused or contributed to the personal injuries / head trauma of the 4 year old. You can read more about this story at 4 Year Old Suffers Serious Injuries in Nevada Car Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Spartanburg, County South Carolina special needs girl, Meah Weidner, died as a result of child abuse according to South Carolina law enforcement officials. Deputies have charged David Anthony "Tony" Tyre with homicide (child abuse). The incident and death took place on July 5, 2009. Tyre is believed to have shaken the child and dropping her on her head. Based on Meah's special needs and disabilities, she had no ability to defend herself from the violent or harmful acts of others. There was a prior incident in which Tyre is believed to be involved with child abuse resulting in a broken arm to Meah.

It is tragic that a special needs girl died a senseless death from the abuse. Tyre was reported as the boyfriend of Meah's mother. While Tyre will be entitled to a defense on this case, it will be a tough case for an attorney to defend in light of Meah's special needs, disabilities, and the circumstances involving her injuries and death. You can read more about this story at Spartanburg South Carolina Man Arrested for Death of Special Needs Girl (Meah Weidner).

By Michael P. Healy, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The National Highway Traffic Safety Administration (NHTSA) issued a consumer advisory as to hyperthermia and the dangers of leaving children in hot vehicles over the summer. Hyperthermia is also a danger in warm weather States throughout the year including Florida, Georgia, California, Hawaii, and other States. Parents and caregivers for many reasons should not leave children unattended in a vehicle due to the dangers of hyperthermia and the risk of injuries. The NHTSA warns that even 10 minutes can be enough to put a child in a deadly environment in a hot car over summer and warm weather months. Hyperthermia (heat stroke) is the leading cause of death in children in non crash vehicle deaths in the United States . Non crash vehicle deaths and injuries result from hyperthermia, strangulation by power windows, and carbon monoxide poisoning from a running vehicle. You can read more about the dangers of leaving a child unattended in a vehicle at the National Highway Traffic Safety Administration (NHTSA) Website.

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

A former teacher and band director for Pass Christian High School has been charged with the sexual battery of another victim under 18 years old. Apparently, Joseph Eugene Council, the former teacher, confessed this crime to police investigators. This child was 17 years old. The initial charges involved a 14 year old.

As we Mississippians strive to protect our children, this is another reminder that we have caution our children when they are out of our sight, including, while at school. You can read more about this story at Pass Christian High School (Mississippi) Teacher Charged with Sexual Battery.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 3 month old Kansas child died after being left in a vehicle. The Ellis County, Kansas coroner's office is investigating the death of the child. This death is one of many reported over the summer that have been related to the negligence or forgetfulness of parents and caregivers who leave a small child in a vehicle. This tragic death is yet another reminder to be diligent in removing children from vehicle. It can take just minutes for an injury to suffer injury or death as a result of hyperthermia.

You can read more about this story at Child Dies After Being Left in Vehicle in Kansas.

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

The Missouri Department of Social Services is proposing new regulations for day care centers / child care issues throughout the State. Government officials may have been prompted to revise and improve the regulations due to Missouri's ranking completed by the National Association of Child Care Resource and Referral Agencies. Missouri was ranked 44 out of 50 States for child care safety and performance standards.

Changes to Missouri's laws and regulations include the following:

*Increasing the required training time for new child care workers;

*instituting new caps for the size of pre-school classes;

*changing the teacher to child ratios;

*requiring some new background check measures especially as to out of state child care workers; and

*requiring a person with CPR training to be present at the facility.

Hopefully, changes and improvements will be made to the regulations which, in turn, will promote the health, safety, and welfare of the children. You can read more about the changes to Missouri law at Day Care Regulation Proposals in Missouri.

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

The Massachusetts Department of Heath requires recreational / summer camps to complete an Accident / Incident Report for injuries / ill campers. The form must be completed when a camper suffers a death or serious personal injury that requires the camper to be sent home or requires the camper to be seen in a hospital or doctor's office for evaluation. Serious personal injuries include those requiring suturing or resuscitation. They also include injuries involving broken or fractured bones or admission into a hospital. The incident / accident report must be submitted to the Massachusetts Department of Health within 7 days of the incident causing the injury.

If you have a child in summer camp / recreation camp who suffers an injury as a result of negligence or inadequate supervision, contact a Massachusetts child injury lawyer / attorney for consultation, advice, and representation as to issues involving past medical bills, current medical treatment, future medical bills, and compensation for pain and suffering associated with the personal injuries.

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

In Mississippi and other States, children and teens enjoy swimming during summer months. Unfortunately, many children lose their lives every summer from drowning related incidents. Some drowning deaths and injuries are avoidable with better safety precautions, supervision, better judgment by the swimmer, and the use of a buddy system. Some children who drown cannot swim while others are experienced swimmers who tire out or experience and issue or challenge while swimming. It is always advisable to take precautions prior to swimming. Do not swim alone. If children are swimming, adult supervision is key to safety.

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

In Hawthorne, California, a convicted sex offender tried to extort a teen for sex for the safe return of the family pet. The teen and her parents contacted the police who were ready to arrest the convicted sex offender for these bad acts. The teen informed the sex offender that she had no money. Then, the sex offender demanded sex for the safe return of the family dog. Alfredo Jaime Dempkey was arrested for this crime and also faces charges for failing to register as a sex offender. He faces 15 years if convicted of the extortion charges and could face more time for failing to register as a sex offender. You can read more about this story in Sex Offender Arrested for Attempting to Extort a Teen for Sex.

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

In Wisconsin, many working parents believe that a day care license / child care license operator is a responsible person with no criminal background. Parents should read the recent story posted in the Milwaukee Wisconsin Journal Sentinel. Day care owners, with criminal backgrounds of child abuse and neglect (yes, child abuse and neglect) are not only getting child care licenses but also are receiving state funds to operate the day care centers. While many people in life do get second chances and do rehabilitate, most parents would not entrust their children to a person who in the past beat a child with an electrical extension cord. Parents should investigate day care centers before enrolling their children and should visit the day care center as well. You can read more about this story at Wisconsin Child Care Providers with Criminal Backgrounds Getting Licenses and State Funds.

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

It is clear that passenger vehicles are no match for passenger trains when it comes to a crash or collision. In Canton Township, Michigan, it is reported that up to five teen were killed in an accident involving a passenger train and a passenger automobile. News reports indicate that the driver of the passenger automobile may have ignored a railroad gate by driving around it prior to the crash. It is certainly a tragic accident and a great loss for the families of the teens who died as well as the families of the teens. Amtrak and its officials have taken the position that neither the company or the employees committed any errors or negligence as to this incident. You can read more about this story at Tragic Train Accident in Canton Township, Michigan Leads to Deaths of Teens.

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

An investigation will be conducted into the death of a 4 month old who apparently died at a Tulsa, Oklahoma day care center. Officers received a call from an in home day care center that a 4 month old had stopped breathing. There were no apparent or visible injuries on the baby. An autopsy will be conducted in an attempt to determine the cause of death. You can read more about this story at 4 Month Old Dies in Tulsa, Oklahoma Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia and other States, a man has been charged with a crime involving a 2 year old boy. Michael Scott Linkous, age 20, of Coal City, North Carolina is accused of abusing the 2 year old in causing or allowing scolding hot water to injure the 2 year old. Investigators reported that the injuries were "submersion burns" which are burns caused by parts of the body submerged in scolding hot water. Linkous was the boyfriend of the 2 year old's mother. Parents should be very careful as to what adults are given access and responsibility for their children. You can read more about this story at Raleigh County, North Carolina Man Charged for Child Abuse.

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

A Dallas, Texas teen (Alexander Olvera) died following a dive into a creek at Turner Falls Park in Oklahoma. It was reported that the area of the dive was a shallow part of the creek. The incident happened in Honey Creek. After he dove into the creek, he did not resurface. Lifeguards from an adjacent or nearby swimming area assisted the family with CPR while waiting for paramedics to show up at the scene to take over the care. Alexander was later pronounced dead at Sulphur Hospital. An autopsy will be performed to confirm the cause of death. From the facts reported, it is uncertain whether the death was related to a head injury, drowning, a combination of the two causes. There have been other drowning incidents in Oklahoma this summer and year. Unfortunately, deaths and serious personal injuries continue to take place in waterways and swimming pools in the State of Oklahoma and other areas. You can read more about the incident involving Alexander Olvera at Teen Dies Following Dive into Oklahoma Creek.

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

In Coon Rapid, Iowa, a 16 year of boy (Casey Daniel Stork) died in an accident. Casey was the passenger in a Ford Escape SUV driven by another 16 year old - Daniel Kult. News report indicate that Daniel Kult was trying to pass another vehicle when he lost control of the vehicle, entered a ditch, and then rolled over several times before coming to a stop in the yard of a residence.

Details in the news report did not state the speed of the vehicle, the number of lanes, road or weather conditions, or the driving record or status of the driving license of the driver. It is a tragic loss for the family of Casey Daniel Stork to deal with such a death. You can read more about this story at Coon Rapids, Iowa Teen Dies in Rollover Automobile Accident.

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

In Tulsa, Oklahoma, a lawsuit was recently filed against a Tulsa church operated school. The lawsuit alleges that the school and its officials were negligent in failing to supervise and prevent a teacher from sexually abusing students at the school. Aaron Thompson, a former teacher at the Grace Fellowship Church - Christian School, pled guilty in 2003 to criminal counts of lewd molestation and sexual abuse. Mr. Thompson was sentenced to a prison term of 25 years. There were nine boys that were the victims of these criminal acts who ranged in age from 7 to 14 when the boys were molested. Prior civil lawsuits involving this teacher were settled in the past. You can read more about this story at Lawsuit Filed Against Tulsa Oklahoma Church Based School.

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

In North Carolina and other states, men and women with good jobs and positions of responsibility and respect are doing horrible things to children. In particular, some of these so called upstanding citizens are sexually abusing children and even offering the children to others for sex acts. In Durham, North Carolina, Frank M. Lombard, the associate director of Duke University's Center for Health Policy, was arrested recently for offering his 5 year old adopted son for sex over the Internet. During Internet chats, Mr. Lombard even admitted to prior sex acts on the 5 year old by drugging the 5 year old with allergy medications. Of course, Mr. Lombard will be entitled to present a defense to the charges; however, if the charges and allegations are true, Mr. Lombard should serve the maximum sentence under law and thereafter register as a child predator and never go near another child. You can read more about the horrible alleged acts of Mr. Lombard at Duke University Official Arrested for Offering 5 Year Old Adopted Son for Sex Acts.

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

In New York and other States, day care owners, operators, and employees have a duty to provide a safe environment for children. In particular, safety precautions should be taken to insure that children are not exposed to the dangers of drownings from swimming pools, bath tubs, lakes, rivers, canals, and, yes, mop buckets. A simple mop bucket can be deadly to an unsupervised infant or toddler. In Queens, New York, an 11 month old boy, while in a day care center, fell into a mop bucket and drowned. The child was later pronounced dead at a local hospital. Krystal Khan, age 28, was later charged with the crime of endangering the welfare of a child. This tragic event could have been avoided with more diligent supervision and safety precautions for the children. You can read about this story at Child Dies After Falling into a Mop Bucket at a New York Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A recent autopsy confirmed that a 6 year old boy (Apollo Fuller) died as a result of a drowning incident in Lake Lahontan, Nevada. The autopsy results showed no signs of foul play, crime or trauma that would indicate causes of death other than the drowning. Apollo was reported missing and then there was a search for him. The boy apparently had disappeared while using or playing on a water trampoline. News report did not detail what safety precautions were in place at the lake for small children like Apollo. There were also sparse details about the size, type, make, and set up of the water trampoline. It is quite a tragedy for the family of Apollo Fuller and his community. You can read more about this story at Autopsy of 6 Year Old Confirmed Death by Accidental Drowning.

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

In St. Louis, Missouri, a child was left a day care center van at the zoo. According to reports from the St. Louis Police Department, a 3 year old was left on a day care center van. The van was operated by the Heaven 24 / 7 Learning Center that was on a field trip on June 9th to the St. Louis Zoo. A visitor to the zoo heard a child yell for help from the van. The concerned patron was able to locate the day care group a few minutes later. The day care child care workers later admitted to failing to conduct a head count and failing to realize that a child was left behind. This kind of negligence could have caused serious personal injuries and even death to a child in a hot vehicle over summer months. You can read more about this story at Child Left in Day Care Van at the St. Louis Missouri Zoo.

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

Police are in search of a man accused of molesting a 10 year old boy in a restroom at the Stockton (California) Hospital. The boy was waiting for his father to receive treatment at the Emergency Room when the incident took place. The incident took place in a stall. The suspect is described as a white mail between the ages of 23 to 25 year old, 5 Feet 8 inches tall, and 150 - 170 pounds. Hopefully, police and videotapes from the hospital (if any) serve to locate this criminal who molested this boy in the restroom. This incident shows the importance of parental supervision in bathrooms and other secluded areas. You can read more about this story at 10 Year Old Boy Molested in Dameron Hospital Emergency Room Restroom.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, Virginia, a 13 month old boy was left in a day care van for at least 4 hours and died from heat exposure. Andrew Joseph Johnson was picked up at his home in the morning by driver Keishawn L. Whitfield. The plan was to drop Andrew off at the day care known known at the Yellow Brick Road Day Care & Learning Center. Unfortunately and tragically, Andrew was left in the hot van for at least 4 hours according to news reports. The state medical examiner for Virginia determined that the cause of death was environmental heat exposure.

The death of Andrew Joseph Johnson in Richmond, Virginia is one of many day care related / heat exposure related deaths throughout the country this summer. All day care centers who transport children should have a detailed checklist and safety precautions in place to make sure that no child is forgotten or left in a hot vehicle. These precautions and steps will save lives. You can read more about this story at Richmond Virginia Child in Day Care Died from Heat Exposure.

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

Abby Thompson, age 4, was enjoying a nice summer's day at a community pool. Abby was having so much fun that she got into the pool without her inflatable armbands. Someone shouted that Abby was in the pool under water. Abby's father, Dean Thompson, requested assistance. At the time that Mr. Thompson found his daughter - she was not breathing. Jack Dixon, a North Carolina Highway Patrol trooper, and Rebecca Pressley, a registered nurse, were in the area and administered CPR to the child. These quick acting people were in the right place at the right time and saved Abby's life. Their knowledge and training in CPR along with their willingness to step in and help saved a 4 year old girl from death and family and a community from tragedy. You can read about this story at 4 Year Old North Carolina Girl Saved from Drowning.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Pet bites can cause serious infections to children and adults alike. Some medical researchers believe that pets can transmit a superbug called MRSA through bites to humans. MRSA and other infections are resistant to traditional antibiotics and make the treatment of the dog bite and related infection challenging. It is estimated that 20 % of all pet bite / dog bite cases involve a serious infection according to a study by the University of Florida College of Medicine. If you or your child is bitten by a dog, it is important for the dog to be tested for rabies and other diseases. Experts recommend that the best course of action is to avoid being bit by a dog or other animal. Take precautions and be careful around any animal especially ones that you do not know and do not know you. Of course, there are situations that occur despite precautions and despite a long history of friendship with an animal. Remember, a dog is an animal and could snap at any time for any reason. You can read more tips about avoiding dog bites at Tips for Parents and Children - Avoiding Dog Bites.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other states, working parents rely on the good judgment and supervision of day care workers / caregivers to properly supervise their children. In Pine Township, Pennsylvania, a day care worker (Kelsey Rose Lansaw) was recently arrested, according to news reports, for dealing drugs (Marijuana) in a day care center parking lot while she was supervising children at the facility. Ms. Lansaw was employed at the Forever Young Day Care Center and was watching kids in the outside play area. Unknown to Ms. Lansaw, she made a drug deal with an undercover officer. It was reported that Ms. Lansaw planned on being an elementary school teacher. This arrest may have an impact on her ability to fulfill that career goal. You can read more about this story at Pennsylvania Day Care Worker Arrested for Selling Drugs to Undercover Officer.

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

In North Carolina and other States, teachers are stepping well beyond their work duties and ethics by having sex with students. In Durham, North Carolina, Gina Marie Watring, age 40, was charged in April 2009 with child rape, kidnapping and felony child abduction. Bond was set and she should have ceased her contact and relationship with the 10 year old boy. Instead of staying away, Ms. Watring now stands accused of having further contact with the boy through letters, mobile phone, and text messaging. Ms. Watring formerly worked at Creekside Elementary School in Durham, North Carolina as a teacher's aide. According to police records, the 10 year old boy and teacher had sex on two occasions at her home. Ms. Watring's bond has now been raised to $2 million. If the allegations are true, people should not confuse the acts of Ms. Watring with any other child predator. It does not matter and should not matter that she is a woman committing these acts on a boy. It is a crime no matter how you look at it. You can read more about this story in Bond Raised in Case Involving North Carolina Elementary School Teacher Accused of Raping a 10 Year Old Boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other states, people enjoy the outdoors of summer and camp with their families. It is a time for relaxation and a time to enjoy nature. Unfortunately, campgrounds are the sites of personal injuries and deaths for some campers. In Beaver Falls, Minnesota, a mother was injured and an infant was killed when a van accidentally ran over a tent occupied by the mother and infant. The 4 month old child was later identified as Wyatt Sander of Redwood Falls, Minnesota. The mother and infant were dragged for a distance as a result of the impact. The driver was later arrested for charges of vehicular homicide, driving while intoxicated, and driving with a suspended license. It is a tragedy for the Sander family and one that could have been avoided had the driver refrained from driving. You can read more about this story at Campground Accident in Minnesota Leads to Injuries to Mother and Death of Infant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oregon and other States, small children are at risk for drowning. In addition, teens are at risks as well depending on the waterway, extent of supervision, and strength and skills of the swimmer. A teen swimmer has been reported to be in critical condition at Legacy Emanuel Hospital after she suffered injuries while swimming with friends. It was reported that she disappeared and was underwater for several minutes. It is believed that the girl who was almost 18 years old at the time of the incident was not a very strong swimmer according to the Multnomah County Sheriff's Office. You can read more about this story at Oregon Teen in Critical Condition Following Drowning Incident in Blue Lake.

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

In Mississippi and other states, children enjoy boating activities over the summer. Unfortunately, some children suffer serious personal injuries and, in some cases, deaths from boating accidents. On the Jourdan River in Hancock County, Mississippi, Madison Camille Karno, age 10, recently died from a head injury. Madison was riding on an inner tube when she hit something in the river and suffered the fatal head injury. An autopsy was completed by the Hancock County Coroner's office. It is a tragic death for Madison's family and the community. You can read about this incident at 10 Year Old Mississippi Girl Dies While Riding Inner Tube on Jourdan River.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children ages from 5 to 8 would benefit from having a booster seat law in place for every State according to a federal safety board. Only Arizona, South Dakota, and Florida do not require booster seats for children for children from ages 5 through 8 years old. According to a study conducted by the Children's Hospital of Philadelphia, the use of booster seats lowers the risk of injury by 59 percent as compared to children of this age group who used regular safety / seat belts alone. You can read more about this story and in particular efforts in Arizona to change the current law at Booster Seat Law Recommended in Florida, Arizona, and South Dakota.

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

In Missouri and other states, it can be dangerous to ride a motorcycle. In most any crash, a motorcycle is no match for a car or truck. In Clay County (near Kearney) Missouri, a teenage motorcyclist (Alex Myers) recently died in a motorcycle accident crash with a vehicle making a left hand turn. News reports did not indicate if either driver was at fault. Typically, a person making a left hand turn must yield to oncoming traffic. Regardless, it is tragic that a teenager died at such a young age. It is a tragedy for the Myers family and the community. You can read more about this story at Missouri Teen Dies in Motorcycle Accident.

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

The 4th of July holiday time period results in heavy traffic and a number of automobile accidents and deaths on roads in Maine, New Hampshire and across the United States. In New Hampshire, a Lewiston, Maine woman (Rachel Metivier) died in a head on collision with another vehicle. Two children and a man from Maine suffered serious injuries as well. The accident took place on Route 2 in Randolph, New Hampshire. The injury victims also included 3 others from another vehicle. Two people from the other vehicle also died. The news reports did not list a cause of the accident but it was reported as a head on collision between two vehicles. Due to the death and the seriousness of these injuries, a full police investigation will be completed to determine the cause of the accident. You can read about this accident at Lewiston, Maine Woman (Rachel Metivier) Dies, Other Injured in New Hampshire Automobile Accident.

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

A New York mother is facing criminal charges for stupid and immature acts of posting information regarding her daughter's rival on Craigslist. It should be noted that the rival is only 9 years old. The mother (Margery Tannenbaum) of Hauppauge, New York posted an ad on Craigslist with the 9 year old girl's phone number stating "I need a little affection." The ad did not list the age of the girl or many details. Nevertheless, the ad resulted in over 20 telephone calls to the home. Some callers were embarrassed that they were calling the home of a 9 year old girl. Ms. Tannebaum put a child and family at danger from her posting and should be subject to some of punishment and fines for her acts. You can read about this story at Long Island Mother Faces Criminal Charges for Craigslist Ad Targeting a 9 Year Old Girl.

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

A combination of children / teens and firearms can often times lead to tragic consequences. In Galveston, Texas, a 16 year old Texas girl not only has to face the trauma of losing a sister from a firearms accident but also may face criminal charges for the shooting. Tragically, a 12 year old girl died as a result of the 16 year old playing with the gun. There are also questions as to how the teenager accessed the gun and what precautions, if any, the gun owner had in place to prevent access by children. A full investigation will be conducted into this incident. You can read more about this story at 16 Year Old Accidentally Shoots Sister in Texas.

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

Most people may think that sparklers are harmless. Unfortunately, any object that is ignited can lead to serious burns for children. In Hartford, Connecticut, a 6 year old boy from Waterbur suffered second and third degree burns when his clothing was ignited by a sparkler. The boy was rushed to Hartford Hospital and later transferred to Shriner's Hospital in Boston, Massachusetts for burn treatment. Unfortunately, fireworks related injuries are frequent incidents during July 4th and New Year celebrations. You can read more about this story at 6 Year Old Connecticut Boy Suffers Second and Third Degree Burns from Sparkler that Ignited Clothing.

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

In Alabama and other States, many people including children were injured by public and private fireworks displays. In Birmingham, Alabama, it was reported that at least 5 people were treated by the Callahan Eye Foundation Hospital for fireworks related injuries. It appears that at least one of the injury victims was a child who was transfered to Callahan from a local children's hospital.

While fireworks demonstrations are part of history and fun for many, they also bring dangers that can be avoided with better safety measures or, in the alternative, avoiding the use of fireworks. You can read about this story at Fireworks Victims Seek Treatment at the Callahan Eye Institute - Birmingham, Alabama.

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

A tragic automobile accident took place in Wadsworth, Illinois. A 24 year old mother (Nicole Polk) was driving with her two children, ages 1 and 2, on Interstate 94. Police reported that Ms. Polk crossed into the northbound traffic and caused a crash with another vehicle. Ms. Polk and her one year old child died as a result of automobile accident related personal injuries. Alcohol was found in Ms. Polk's vehicle. A full homicide investigation will be conducted to determine if alcohol and other factors were the cause of this tragedy. You can read about this story at Wisconsin Mother and Infant Die in Illinois Automobile Accident.

July 4th celebrations are typically filled with celebration, picnic, and fireworks. Some celebrations around the Nation were also filled with fear and injuries. In Merrillville, Indiana, a wooden pedestrian bridge collapsed following a fireworks demonstration. It was reported that at least 16 people were taken to the hospital. It was unknown according to early reports how many were injured in the bridge collapse. Dozens of people were thrown into Hidden Lake as a result of the collapse. You can read more about this story and see photographs of the collapsed bridge at Dozens of Spectators Plummet into Hidden Lake (Indiana) Following Fireworks Display.

By Michael P. Healy, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Residents and tourists to Honolulu (Oahu), Hawaii need to be aware of the cell phone ban that is in place and being enforced by the Honolulu Police Department. Drivers can receive a traffic citation if they are holding an electronic device including cell / mobile phones, test messaging devices, PDA (personal digital assistant) devices, laptops, and digital cameras. At this time, the use or handling of GPS devices are permitted.

The purpose of this law is to decrease incidents of distracted driving. This is especially true for those drivers who insist on text messaging while driving. A driver should pay attention to the road not his Blackberry, mobile phone, or i phone. You can read more about Hawaii's new law and enforcement at Cell Phone / Mobile Phone Ban Trips Up Thirty Six Drivers in Hawaii.

Obesity in children has proven to be a national crisis. Fast foods, candy, and ice cream combined with inactivity promoted by video games, television, and the computer has produced millions of obese children. Some children are born in a large frame and may have a predisposition to obesity; however, it is clear that a child's dietary intake and lack of activity and exercise are key components or ingredients to making an obese child. Health problems in the form of early onset diabetes and heart disease are byproducts or results of obesity. You can read this article about the Heart Dangers in Young Obese Children.

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

A Bleckley County (Georgia) corrections officer was arrested in June, 2009 for distributing child pornography. A Cobb County, Georgia police detective posed as a 13 year old girl in an undercover operation. The corrections officer, Jason Shane Price, sent the undercover detective sexually explicit messages and images as well as videos of child sexual abuse.

Authorities are requesting information from the public if they have been in contact with anyone using the email address suthyrngent07@yahoo.com or boiledpenuts2001@yahoo.com. Individuals who have been in contact with these email addresses should report their contacts to the Crimes Against Children’s Unit at 770-801-3470.

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

A Clayton County, Georgia mother was arrested for leaving her four month old twins in a hot car while she was inside a Wal Mart. Janesia Williams left her twin babies in her car at about 10:00 p.m. while she went into the store on June 20, 2009. Another customer heard the babies crying through a cracked window in the car and called the police. Firefighters rescued the babies from the car and paramedics were tending to the babies when their mother strolled out the store to discover the situation.

The mother told the police that she was only in the store for five minutes. A witness who was parked next to the care, however, told the police that the babies were left in the car for at least 30 minutes. Temperatures during the day on June 20 were above 90 degrees.

The mother was arrested and the babies were taken to the hospital. The babies were later released to the care of their father. The mother was granted bond two days later by a Clayton County magistrate court judge. She has been charged with child cruelty.

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

Craig Landolt is the Fire Marshal for the Savannah (Georgia) Fire and Emergency Services. Fire Marshal Landolt and others throughout Georgia and the nation are urging parents and children to be careful this July 4th weekend around fireworks. Georgia and other states have restrictions or limits as to what fireworks are legal in the hands of consumers and which are not. Many times it depends on the projectile of the fireworks as well as the firepower in the fireworks themselves. Whatever type of fireworks you are igniting or around - exercise the utmost caution for yourselves and children. You can read more about Fire Marshal Landolt's recommendations and demonstrations at Dangers of Fireworks - Officials Urge Safe Use of Fireworks this July 4th Weekend.

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

In North Carolina and other states, All Terrain Vehicles (ATVs) can be fun and exciting for both adults and children. Unfortunately, many children in North Carolina and other states have suffered personal injuries and death while riding on (whether as an operator or passenger) an ATV. CSX Transportation is a train / railroad company based in Jacksonville, Florida is requesting that owners and operators of ATVs keep them off of railroad tracks this summer and at all other times of year. A combination of an ATV near train tracks and trains of any size can be quite dangerous. Tracks should not be used as tools to jump over. Operators of ATVs should also refrain from weaving across railroad tracks or chasing trains. You can read more about this story at Dangers of ATVs and Trains / Railroad Tracks.

Public swimming pools operated by States, Counties, and Cities have a duty to install and maintain proper swimming pool drain covers to comply with an important law called the Virginia Graeme Baker Pool and Spa Safety Act. This law was signed by President Bush on December 19, 2007 and was put in place to prevent drownings and other injuries caused by drains that do not have proper drain covers to prevent such drownings and entrapments. You can read the federal law at Virginia Graeme Baker Pool and Spa Safety Act.

Having safety precautions in place at a swimming pool can help avoid personal injuries and drowning deaths. It is also important to have diligent supervision both by lifeguards and parents when children are in or around a swimming pool.

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

A day care center in Baton Rouge Louisiana was recently shot down by the State of Louisiana Department of Social Services. Damiyn McElveen, a 3 year old enrolled in the day care center, was found dead inside the day care center's van this past week. Investigators believe that the toddler was mistakenly left in the van on a hot summer day in Baton Rouge, Louisiana. An full investigation will be conducted as to the circumstances and staff members responsible for the incident. In hot summer months, it is especially dangerous to leave any child unattended in a vehicle. Regulations and procedures were not followed. Otherwise, Damiyn McElveen would not have died in the day care center's van. You can read more about this story at Baton Rouge Louisiana Day Care Center is Shut Down by the State of Louisiana.

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

California parents rely on child care center to provide their children with supervision, educational instruction, indoor play activities, and outdoor play activities during the day. Unfortunately, children suffer personal injuries at day care centers / child care centers on playgrounds. Many of these incidents result from inadequate or improper supervision and or negligent playground maintenance /design. Because children are prone to injuries at child care center playgrounds, the California Department of Social Services require child care centers to comply with Section 101238.2 -Outdoor Activity Space. The regulations as to child care center playgrounds / outdoor activity spaces can be accessed online at California Child Care Regulations.

The playground area needs to accomodate enough space so that there is 75 square fee of space per child based on the total licensed capacity for the child care center. Since California weather can get quite hot especially over summer months, the child care center must provide a shaded rest area for the children that is situated close to the playground area. The surface for the outdoor activity / playground must be kept or maintained in a safe condition free from hazards like holes, broken glass, debris, and garbage.

Many children are injured due to improper or dangerous playground surfaces below high climbing equipment, slides, and swings. It is important for child care centers to use surface material that absorbs falls. Approved or allowable surfacing materials include sand, wood chips, and pea gravel. While not particularly referenced, it would appear that rubber tire chips or mulch would also be acceptable as a playground surface below equipment like slides and monkey bars.

Child care centers have a duty to fence the playground area with a fence that is at least four feet high. Fencing is a tool that helps keep the children inside the play area and that prevents or discourages children from wandering away. Of course, a fence should not be used as a substitute for good supervision.

California child care centers that diligently follow the regulations help prevent or avoid many personal injuries that take place on playgrounds. If a child is injured at a California child care center or other area and the child requires medical care, the child care center has a duty to report the incident to the parents and to the Department of Social Services. See prior post - California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

Parents should request a copy of the report to make sure that the parents have the information and details as to the incident and injuries from the child care center. A California child injury lawyer / attorney can review the report and other information to determine the child's legal rights and entitlement to compensation for injuries and medical bills.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There are a number of web sites and tools that can be used to calculate the distance between cities in the United States. Finding out the general distance between cities is helpful in planning trips, finding a doctor, finding an attorney / lawyer, and for many other tasks. I found that the web site Geo Bytes has an easy to use format / tool that makes it easy to find the distance between two cities. Wherever you travel when you drive, make sure to buckle up, obey the speed limits, and be alert. Text messaging and e mails can be used by passengers but not the driver. Get to your destination safely and then text message and e mail your friends and family.