Child Injury Lawyer Blog

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

Gwinnett County Police reported an accident involving a death of a teen and personal injuries to two other teens. Tristan Sadler (Age 18) lost control of a 1989 Volvo while driving in a curve. The vehicle hit a drainage ditch and then overturned. Tristan was ejected. It was reported that Tristan was not wearing a seat belt.

Two other teens (Vernon Thomas and Ashtyn Roper) were treated at Gwinnett Medical Center. Tragically, Tristan died as a result of accident related personal injuries.

Parents often times buy Volvos for their children since Volvos are often times rated high in crash testing. Despite the safety records of Volvos and other vehicles, deaths still occur in these vehicles as well as other so called high rated vehicles. This story shows how the life of a teen can end so quickly when behind of the wheel of a vehicle. The death of Tristan Sadler is certainly a great loss for his family, friends, and his community. You can read more about this story at Teen Killed in Gwinnett Automobile Accident.

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

In California, traffic signals and devices should be obeyed by drivers. The simple act of running a red light can be quite deadly. In Novato, California, Steven Culbertson, age 19 from Lakeville, California, first hit a car stopped for a light and then drove through the red light and into the intersection. Then, Culbertson in a BMW Mini Cooper crashed into a mini-van occupied by the Maloney family. The father (Johnathan Maloney - age 45), the mother (Susan Maloney - age 42) and two children (Grace and Aiden) died as a result of the impact according to the California Highway Patrol.

This crash is truly tragic. The sudden and avoidable deaths of the Maloney Family will be such a loss for their other family members, neighbors, friends, and the community.

All drivers should obey the speed limit and obey traffic signals. Running a red light as you can see can be deadly not only for one person but an entire family. See California Family Killed in Red Light Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

n Longmont, Colorado, a crash sent a truck into the front of a Blockbuster Store. Police investigators reported that a Dodge truck crashed into a Subaru Outback. The force of this impact put the Subaru into a curb, then into the Cubby's Coffee Shop, and finally into the Blockbuster Store. Police reported that Steven Williams (age 37) from Longmont, Colorado sped through the intersection prior to the crash. There were 5 people injured as a result of this crash including: Bruce Kline, Kline's wife, Kline's 17 year old daughter, Maricuz Gutierrez, and Steven Williams.

Crashes of this nature can cause chain reactions that at times can be deadly. Fortunately, there were no reported injuries from Cubby's Coffee Shop or Blockbuster. Speed limits and traffic signals are in place for a reason - the safety of others. You can read more about this story at Vehicle Crashes into Blockbuster Store - 5 People Including Teen Suffer Personal Injuries.

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

In Louisiana, four children died and seven were critically injured in a van accident. According to a news story reported at Breaking News 24 / 7, the van was traveling on Interstate 10 near Baton Rouge, Louisiana when the van blew a tire. Thereafter, the van crashed into a delivery and then rolled over. The children, reported to have died from the accident, were Ricky Hines, Jr. (age 2), Lachante Floyd (age 12), Edward Barnes (age 14), and Ashley Hines (age 14). Louisiana police and automobile accident detectives will investigate this van accident to determine the following:

What was the make, model, and year for the van involved in the automobile accident?

What were the manufacturer specifications for seating for the van?

How many seatbelts were available on the bus?

Who was wearing a seat belt?

For toddlers and small children, were booster or child seats available?

What was the approximate speed of the van at the time the tire blew?

What condition was the blown tire in prior to the incident?

When was the van last repaired or maintained?

There are many facts to be determined by the investigation. Accidents like these do help illustrate the importance of planning and safety when transporting children. Vans and other vehicles should not be overloaded beyond manufacturer specifications or recommendations. Safety belts should be worn by all occupants. Toddlers, infants, and small children should have child seats or booster seats to better secure them when there is an accident. Finally, all vehicles should undergo periodic and consistent maintenance including but not limited to inspection and repairs of brakes and tires.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to injuries sustained by a child while under the care of the child care center / day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6. In particular, a day care center is required to take immediate steps to protect a child from further harm and to contact the parents verbally when certain injuries take place in a child care center. Injuries that must be reported to the parent include:

*injuries when the child is bitten and the skin is broken;

*head injuries;

*falls involving a height that is greater or taller than the height of the child;

*injuries that require doctor's visit, ER visit or other type of professional medical care.

It is not only the law but also in the best interest of the child to follow up with medical care regarding injuries. Furthermore, the parent should be contacted so that the parent can direct or guide the day care center as to the child's medical needs as well as to where the parent would like the child to get medical care.

Unfortunately, many injuries that take place in a day care center result from abuse, neglect, or the general failure to provide consistent supervision of the health and safety needs of the child. Day care centers and child care centers should take their best efforts to protect children so that serious personal injuries do not take place in the day care center. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It was reported by the Associated Press that Roman Polanski will be placed under house arrest pending the decision of the Swiss Justice Ministry to extradite Mr. Polanski back to Los Angeles, California to face criminal charges for the rape of a 13 year old girl. Many child safety advocates and others question why Roman Polanski is getting such preferential treatment for the crimes that he committed. It is also baffling because Roman Polanski skipped out on serving his prison sentence in California so many years ago. The passage of time does not lessen the severity of the crime or the need to punish the criminal for his wrongdoing.

In 2009, a former Huntington Beach, California teacher was sentenced to four years in prison for having sex with a 14 year old girl. Why are Roman Polanski's crimes any less reprehensible than the crimes of this former teacher? Furthermore, it should be noted that Roman Polanski also drugged the 13 year old that he had raped and molested. Roman Polanski should remain in prison and extradited to the United States to serve a prison sentence for his crimes. It would be interesting to hear how Roman Polanski would differentiate his crimes from that of this school teacher and other child predators. A crime is a crime. There is no viable criminal defense to Roman Polanski's conduct by the fact that he has directed several good movies. A crime committed by a talented film director is still a crime.

Roman Polanski to Be Released on Bail to House Arrest
AP
Swiss Justice Ministry says it will release Roman Polanski on bail to house arrest in Gstaad.

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GENEVA -- The Swiss government says it will release Roman Polanski on bail and place him under house arrest at his chalet in the Alps.

The Justice Ministry says in a statement released Thursday that Polanski will be transferred as soon as possible.

A Swiss court has granted Polanski release on a bail of $4.5 million and under condition of electronic monitoring and house arrest.

The bail does not affect the Justice Ministry's pending decision on whether to extradite the 76-year-old director to the United States for having sex in Los Angeles in 1977 with a 13-year-old girl.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bishops of the Roman Catholic Church in Dublin had a duty and responsibility to look after, guide, and counsel their parishioners including children. Unfortunately, many of the Bishops used their authority and position to sweep or cover up years of child abuse and molestation. An expert commission report concluded that the bishops put the reputation of the church as a bigger priority than the arrest and exposure of child molesters. It also appears that church reputation was prioritized over the safety of children. You can read more about this story at Experts - Priests Covered Up Priests' Child Abuse. The actions or inactions by the Roman Catholic Church in Dublin are not isolated. Other churches throughout Europe and the United States acted with similar callousness and disregard to the safety, welfare, and rights of innocent children. The Roman Catholic Church in Dublin should have been a safe haven and refuge for these children rather than a site of abuse, neglect, and molestation.

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

In Davenport, Iowa, two month old (Chase Kloppenberg) was taken off of life support at Iowa City Hospital according to Sergeant Frankie Wilson with the Davenport Police Department. Brian M. Fix, the mother's boyfriend, has been charged with the crime of child endangerment causing serious injury. In criminal of this nature, the extent of the criminal charges could be amended in light of the fact that the child died.

Mr. Fix will be entitled to defend himself with the assistance of a public defender or a private criminal defense attorney. Medical evidence will be gathered and presented on a case of this nature as to the severity of the injuries and the probably cause of the injuries. Witness testimony will also be important in a case of this nature. Statements may include those from the mother, other relatives, and the Defendant.

The death of Chase Kloppenberg is certainly tragic for the family, friends, and the community. You can read more about this story at Iowa Toddler Dies After Alleged Assault.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In stores across America including Wal-Mart, Target, Winn Dixie, Publix, Walgreens, and Safeway, children ride in or on shopping carts. Many children see a shopping cart as a toy rather than a tool to gather shopping carts. Unfortunately, many children are injured every year in shopping cart related injuries. It is estimated that falls from shopping carts account for a leading cause of head injuries to one and two year old children. In addition to brain injuries, children suffer lacerations and fractures from shopping cart related injuries as well. Safe Kids Kansas would like parents to be aware of these statistics and the dangers of shopping carts. As noted by Cherie Sage, State Director of the Safe Kids Kansas, just because a chid is seated in a shopping chart does not mean that they are safe. Proper supervision of the child and proper use of the shopping cart are key to preventing or limiting the incidence of shopping cart related injuries. You can read more about this topic at Over 20,000 Children Injured Annually by Shopping Cart Related Incidents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care providers in Minnesota and other States have a duty to properly supervise children in their case. In Bloomington, Minnesota, a jury recently returned a guilty verdict in a case that charged the day care provider (Doris Meeks - age 48) and her daughter (Harmony Newman - age 22) with second degree manslaughter while committing child neglect. A 22 month old boy under the care of the day care center died as a result of asphyxiation. It was reported that the child was buckled into a car seat in a playpen. You can read more about this story at Minnesota Day Care Provider Convicted of Manslaughter Charges for Death of Child Under Her Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Carbon, Pennsylvania, a car crashed into a day care center that was full of children. Fortunately, the children escaped injury. It was reported that the driver was distracted by a puppy riding in the front seat. It is most fortunate that no children suffered personal injuries; however, this incident could have easily caused serious personal injuries and even the death of children. Driver distraction whether caused by a puppy in the car or a Blackberry, mobile phone, or iPhone is a real problem in Pennsylvania and other States. Drivers should do their best to limit distractions and pay attention to traffic and road conditions. You can read more about this story at Car Crashes into Port Carbon, Pennsylvania Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A baby stroller manufactured by Maclaren, a British Company, has been recalled. The strollers were sold between 1999 and 2009. Apparently, there were a number of complaints regarding a hinge on the stroller than caused injuries / amputations to children using the stroller. Parents are being advised to stop using the strollers due to these safety risk. The recall of a product is an important action to take to help prevent further injuries from taking place. You can read more about this stroller recall at Baby Stroller Recall Announced.

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

Go down a toy aisle at Target, Wal-Mart and other stores and you will see hundreds of toys. Read the boxes and packaging of the toys sold and you should see an age recommendation for the use of the toys. These age recommendations are very important and should be seriously considered by parents when selecting a toy for a child. This is especially important for young children who have a habit of putting things like small objects like toys, coins, paper clips, and other items in their mouths. Children are just plan curious. As part of the curiosity or exploration process, small children will put objects in their mouth. A very good article was recently posted at The Northwestern Website (Osh Kosh, Wisconsin) - Watchdogs Get Tougher on Toy Safety, but Parents Must be Viligant. It was pointed out in this article that even brilliant or gifted 3 year olds will put things in their mouth. As such, age recommendations even apply to so called smart kids. It is also important for parents, teachers, and day care providers to provide close supervision of children at play as well. Many incidents of child injuries / choking can be avoided with careful selection of toys combined with consistent adult supervision.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to Discipline and Corporal Punishment under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.6 and 10:122-6.7. In particular, a child care center is prohibited from punishing or disciplining a child for the failure to eat or sleep. In addition, a child shall not be punished for soiling himself / herself. Discipline can be used in a "positive" manner and that is "consistent with the age and developmental needs of the child". Many child care providers and parents for that matter believe that corporal punishment in the form of spanking or hitting the child is the best and most effective way of teaching a child a lesson. Regardless of a parent's or child care worker's personal philosophy, the New Jersey Administrative Code prohibits child care staff workers from hitting, shaking or otherwise inflicting corporal punishment on a child enrolled in a licensed day care center. Furthermore, a child care worker cannot use abusive language or ridicule as a form a discipline or punishment either. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

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

In Maryland and other States, schools should be a safe haven for children. Schools should be a place where children are able to learn and grow in an environment that protects their safety and well being. Unfortunately, at times, schools are crime scenes where children are assaulted, beaten, and robbed. In Cambridge, Maryland, WBOC TV 16 reported that a 15 year old student was beaten and robbed in the bathroom of Cambridge South Dorchester High School. School officials and the police have identified two other students who were believed to commit this crime.

Schools cannot prevent every senseless act of violence. It is especially difficult to prevent these kind of incidents in secluded places in schools like bathrooms. It was reported that the student was robbed of his mobile phone and money. While it is common to have both money and mobile phones in schools, students should be careful when carrying such items as other students may seek to steal these items at school.

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

In Michigan, Governor Jennifer Granholm signed a law into effect to help distinguish or define babysitting from required day care licensing. The law states that babysitting is exempt from Michigan licensing and regulation if the babysitting is provided for free or involves less than $600.00 per year of annual payment or income. See Michigan Law Clarifies Babysitting / Day Care.

A friend or neighbor who gratuitously watches a child is not subject to regulation. With or without this law in effect, there is a problem in Michigan and other States with people who operate a day care center without obtaining a proper license. Parents should be wary and cautious about using such facilities. Without State oversight and inspections, many unlicensed day care centers have safety and supervision issues that put children in danger.

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

The State of Georgia Department of Early Care and Learning is the state agency responsible for supervising and licensing child care and day care centers in Georgia. Child safety advocates and educators recommend that more strict training and education requirements be put in place for administrators and lead teachers in day care centers. By enacting and enforcing such regulations, day care providers and lead teachers will be required to go through training and education which, in turn, will make them more informed and knowledgeable about their responsibilities as child care providers. It is vital that children, especially toddlers and infants, are cared for in an environment that is clean and supervised by alert, knowledgeable and educated staff members. You can read more about the potential changes in Georgia's child care laws at Georgia Day Care Providers May Be Subject to Stricter Training Requirements.

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

A woman and her daughter were riding horses with a larger group along the Big Foot Horse Trail in the DeSoto National Forest when Evan Joseph Kane fired a gun in their direction. Apparently, Kane was deer hunting at the time of the incident. Both horse riders and a horse suffered gunshot personal injuries. The ten year old girl suffered a punctured lung and was placed in intensive care. For safety, the trail is designed so that most of its length is near a public road, where shooting is prohibited.

While wearing a bright colored vest is not required for horse riders riding in or near a hunting area, it would be a wise decision for both adult and child riders to wear such a vest to make sure that they are clearly seen by hunters as well as drivers of vehicles. While accidents do at times happen, safety precautions like wearing a brightly colored vest can at times prevent or reduce the incidents of accidental shootings.

A spokesman for the Mississippi Department of Wildlife, Fisheries and Parks said that more details would be available as the investigation progresses. The agency automatically tests for drugs and alcohol when a hunting accident occurs. The agency indicated that more charges may be filed against Kane. Of course, Mr. Kane will have the right to defend himself against any potential charges or citations for the incident. Kane may argue that he was hunting in a correctly designated area or have some other excuse for the shooting. Regardless of the outcome of the possible citation or any possible criminal charges, a girl and her mother were shot while on a peaceful horse ride. It will be a difficult trauma to recover from physically and psychologically.

Hunting laws and regulations have been put in place to protect both hunters and other people who use public land. You can read the details of this hunting accident at Mother, Child Shot in Deer Hunting Accident.

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

Facebook is a wonderful tool and communication medium for millions of people. Unfortunately, it is also used at times for violence, bullying, and other acts that led to the physical and / or emotional harm to children. In Calabass, California, a 12 year old boy was assaulted by classmates. A news report at Faox News stated that the assault may have been prompted by a posting titled "Kick a Ginger Day" which had something to do with an episode from the cartoon - South Park. Whatever the motivation, middle schools should be a place of safety and education for children rather than locations of assaults and bullying tactics. You can read more about this story at Facebook Post May Have Prompted Beating of Redhead at California Middle School.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A special needs teacher at a South Carolina Elementary School, Rosemary Mills, has been arrested and charged with unlawful conduct toward a child. She was reportedly witnessed by a parent of one of the other children, screaming and grabbing the child by the back of the neck and forcing the child down into a chair. She then allegedly told the boy to get up and put his book bag away, and then shoved him once he stood up. The parent reported the incident to the school, and Mills was placed on administrative leave. Nancy Britt, director of human resources for the school district, filed a police report sometime later.

Many of the parents of children presently and formerly in Ms. Mills’ class have come to her defense, extolling her virtues as a teacher, and questioning the motives of the unidentified parent who reported her alleged abuse of the child. No matter the outcome of the case, schools should be safe havens for special needs children; it is important for a child to know that school is a place for learning and nurturing rather than a place for violence, assault, battery or attack. Parents and school officials who suspect abuse have a responsibility to report it to the proper authorities so that a thorough investigation can take place.

Find out more about this story at Special-needs teacher arrested.

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

According to Asheville, North Carolina police, a four-year-old boy was killed in a car accident while running across a busy street to catch a bus. The child was reportedly walking with his mother early in the morning, and the mother was holding the boy’s hand. The boy apparently broke away from his mother suddenly and ran into the street when he saw their bus arriving at its stop. He was struck by a car in the northbound lane. The boy suffered a traumatic head injury, and could not be resuscitated by CPR delivered by emergency personal at the scene.

According to police, weather conditions were bad and visibility was poor at the time of the accident. The child was also dressed in dark clothing. Following an investigation into the incident, the Asheville Police Department Traffic Safety Unit Officers have decided not to file charges in this accident.

Children are usually quite unaware of danger and can behave impulsively with tragic results; and this certainly is a tragic case. The child’s mother was taking appropriate care to hold her child’s hand while walking near a busy road and the driver of the vehicle was hampered by poor road conditions and the suddenness of the child’s movement into the street. You can read more about the accident and the investigation at No Charges Against Driver in Death of Asheville Child.

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

In Louisville, Kentucky, a man wrecked his car following an attempt to flee police after an attempted routine traffic stop. The Jefferson County Sheriff's Office reported the incident. In fleeing from the police, Miller Lee Smith, Jr. some how lost control of his vehicle which overturned. One child died and another was injured as a result of this crash. You can read more about this tragic and most avoidable crash at Man Arrested After Police Car Chase Leads to Child's Death and Another Child's Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Upper Darby, Pennsylvania, three middle school children recently suffered injuries as a result of a woman who served to attempt avoid crashing into a traffic jam. The students attended Beverly Hills Middle School. Action News ABC reported that Jemel Brunswick and Tyler Lowery were injured in this automobile / pedestrian incident. The third boy, named Beyene, was reported by his father (Beyene Beyene) to be in a coma at a local hospital. The driver carelessly drove across three lanes of traffic, then hit the boys, and then kept on moving until hitting the third boy 15 yards away. According to police, the driver finally slammed into a parked car and then finally came to a stop. See ABC 6 Action News - Three Children Hit by Car in Upper Darby Pennsylvania School Zone.

Of course, the driver will have the right to defend herself on any charges or citations issued. In many instances, not all of the details are readily available at the time that a news story is published, posted or reported. From the facts reported, it does appear that the driver failed to maintain control of her vehicle and failed to drive at a safe speed in a school zone.

It is important for all drivers to slow down in school zones. School zones are especially busy in the morning and afternoon hours. On some days, there are early dismissals. As such, the dismissal time may vary according to both the school, age of the children, and day of the week.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to Lt. Steve Holton of the Ravalli County, Montana Sheriff's Office, an unidentified five-year-old boy died in Montana in an accident involving a farm tractor. The child was reportedly riding on the tractor’s running board when he fell and was run over by the tractor’s back wheels. He was pronounced dead by paramedics at the scene. The driver of the tractor has not been identified, but has been described as an adult who is not one of the child’s parents. The accident is still being investigated. Police are reporting that the death appears to be accidental.

Children and teens are injured every day in farming accidents. It is important for farm equipment operators to know how to operate the machinery correctly and also to follow strict safety precautions – especially when children are on or nearby the equipment. The unexpected death of a young child like this boy is very difficult to go through for everyone who knew the child. Hopefully, his tragic death will serve as a warning to others to exercise more caution around dangerous farm equipment.

Find out more about this tragic farming accident at 5-year-old Stevensville boy dies in farm tractor accident.

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

Four year old Nathaniel Stafford is in critical condition after being attacked by a Labrador / Pit Bull mix. According to the boyfriend of the victim’s mother, Brian Caron, the attack was so vicious that it nearly killed the boy. The dog reportedly tore into the child’s head, tearing his ears off and lacerating his throat – only narrowly missing Nathaniel’s jugular vein. Caron and his girlfriend were watching the dog, named Chaos, for friends while they were out of town. They had the dog tied up at the edge of their property, but it managed to break free. The dog’s owner, Thomas Chastain, has agreed to have the dog put down. In the meantime, Nathaniel’s face and ears have been stitched back together, but he may have to wait up to ten days for a skin graft to cover his damaged scalp.

This story is quite horrific. This child has been scarred for life and only time will tell how the injuries will affect him as he grows up.

Dogs are unpredictable animals. As such, parents should be extremely careful when taking on the obligation of watching or caring for a pet.

Read more about this vicious dog attack at Child Mauled By Dog in Conyers Georgia.

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

Monique Manjarrez was recently called to pick up her twelve year old autistic son, Jeremy, from Kachina elementary School in Peoria, Illinois. Ms. Manjarrez was told by school administrators that she should pick Jeremy up because he had fallen and hurt himself while in the bathroom with a classroom aide. But when she saw Jeremy’s face, she felt he looked more like he had been beaten, with swollen and bruised eyes and a large bump on the back of his head.

Because of Jeremy’s autism, he can’t communicate to his family what happened. Ms. Manjarrez took Jeremy to the local emergency room, where a doctor told her that it looked like her son had been punched in the face. Photos taken just after the incident reveal sever bruising on the child’s face. Ms. Manjarrez reports that she has made complaints before against the aide who was with Jeremy in the bathroom when the injuries occurred, and she is sure the aide struck her child. She claims that she had previously asked the school not to leave Jeremy alone with the aide because she felt he was angry and aggressive.

The Glendale Police Child Crimes Unit is investigating the incident, and the Peoria school district is conducting its own internal investigation. The aide in question is still working with other children in the special needs classroom. Jeremy’s family has removed him from the school. All children everywhere deserve to be safe and cherished at school and at home. When special needs children are abused, it can be difficult to find out what really happened if they have limited communication abilities, as Jeremy does. Parents of special needs children are their child’s best advocate, and should watch out for physical and emotional signals of abuse.

You can read more about Jeremy and his family’s plight at Peoria family blames classroom aide for autistic son's injuries.

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

In Riverside, California, a party was planned at a home. In preparation for the party and guests to arrive, the owner of the home decided to move his truck. Tragically, as the man was moving his truck - he ran over his 17 month old son. Driveway accidents have been reported throughout the United States. It is clear the driveways are very dangerous areas for small children who have poor safety awareness. The death of this child is certainly a tragedy for the father, family, neighbors, the community. From deaths like these, it is important to emphasize to parents and all drivers that small children should be kept out of the driveway area or in the alternative be held or otherwise very closely supervised so that incidents like these do not happen in the future. You can read more about this story at Riverside, California Child Dies After Father Moves Truck for Party.

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

Three young children were hit by a car in California recently, when a truck stopped to let them cross the road and the impatient driver behind him tried to go around rather than stopping. The children were not seriously injured, but parents are upset because there are traffic signals installed at the intersection – and they have been disconnected for about two years. The parents believe that traffic signals would have prevented the accident. The intersection is near both an elementary and a middle school and is used heavily before and after school. According to police records, of the ten people hit by cars in the city this year, five were children.

According to the Contra Costa City engineer, Jason Vogan, the lights were covered because they could not be timed correctly to prevent a possible traffic backup over a nearby railroad crossing. The city has been trying to deal with the railroad to get the proper permission to re-start the lights. In the meantime, busy school intersections are monitored by a few police officers and school personnel. Both school officials and police believe that many accidents are caused by impatient parents picking up their kids.

All drivers and especially parents should use extreme caution when driving near a school. Many automobile accidents / pedestrian injuries can be avoided by drivers being more patient and aware when children are present. Find out more about keeping kids safe on the way to and from school at Signs left unused leave pedestrians out to dry.

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

In North Carolina and other states, it is typical for a government agency to rate a licensed facility like a day care center. In North Carolina, a child suffered personal injuries at a 5 Star day care facility as rated by the State of North Carolina. Parents rely on these ratings to select a day care center. It is nice to have a good rating if you run a day care center for marketing and reputation purpose; however, as a parent, you should not rely completely on these ratings. Many incidents of neglect and abuse are reported to the State of North Carolina but ultimately cannot be proved by sufficient facts. This does not necessarily mean that the abuse did not take place. It is a proof or evidentiary problem with the case. In addition, inspections of facilities do not always detect violations that are otherwise being committed by the day care center operator and / or staff. Also, conditions in day care centers change from day to day. A fence could be in a good condition one day but break the next thereby causing a safety and health hazard to children enrolled in the day care center. You can read about the complexities of the North Carolina rating system and tips for selection a day care center at North Carolina Day Care's 5 Star Rating Hid Problems and Issues.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Europe and the United States, train stations can be dangerous areas for children as well as adults. Care must be taken to keep a safe distance from the train tracks and the train platform to avoid serious personal injuries that can happen as a result of a fast moving train. It is well known that a train is much different than an automobile. In other words, trains take time and distance to stop and if a person falls from a platform - there is not enough time or distance to immediately shut down the train and stop it from moving any further. This tragic train incident happened in Littlehampton, West Sussex. The terrible death of Megan Moore - Age 16 - happened right in front of the eyes of several passengers who were unable to prevent this death. They could only watch in horror as a young teenager's life ended. The news report mention that the girl was wearing high heels. It is uncertain what role if any the heels made in causing or contributing to the fall to the train track platform. You can read more about this story at British Student Megan Moore - Age 16 - Falls to Her Death at Train Station.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware and other States, children are unfortunately placed in dangerous situations by their parents. In caring for a child, a parent should act in the best interest of the child. However, many parents selfishly act without considering the needs or safety of the child. In New Castle County, Delaware, four men were arrested for drug possession. Unfortunately, they were traveling around in a vehicle with a 4 month old in the vehicle. Drug buys and situations involving drug use are certainly dangerous for children. There are often times violence associated with drug buys and drug use. When a parent or other adults are under the influence of alcohol or drugs, judgment is impaired as to the best interest and safety of the child. During the arrests of the four men by New Castle County police, the infant was found improperly secured or improperly seat belted in the back seat of the vehicle. The arrest may have prevented serious injuries to the child there was an automobile accident or other incident caused by poor driving or violence. A search of the vehicle located two plastic bags containing marijuana and other drug paraphernalia. You can read more about this story at Four Arrested - Took Baby on Drug Buy in Delaware.

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

Wisconsin Governor Jim Doyle recently signed into law four bills aimed at protecting children while being cared for outside the home. The new laws will better enforce preventative procedures against fraudulent child care services and help ensure child safety. The bills were introduced in reaction to discovery of fraud in the state’s child care program, Wisconsin Shares, which assists low-wage-earning parents in paying for child care.

One of the laws will allow the Wisconsin Department of Children and Families to investigate businesses that commit fraud to obtain funds from the taxpayer-funded Wisconsin Shares program. Another law will require child care facilities where child abuse or neglect resulted in serious injury or death to make that information public. The third law applies to children in foster care, increasing efforts to place foster children with relatives, keep siblings together, and give foster parents more rights. The fourth law deals with criminal background checks for potential child care workers, and prevents those convicted of certain crimes from working or residing in a child care facility.

Children should be protected and properly cared for at all times. These new laws will go a long way toward protecting children and providing for their well-being. Of course, parents still need to check into the child care they choose for their children to make sure it is safe, but these laws will make it easier for them to do so. You can find out more about these new Wisconsin child safety laws at Wisconsin Shares bills signed into law by Doyle.

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

In North Carolina and other States, picking the right day care center for a child is a very important decision for a parent. Most day care centers are clean and in compliance with State and Federal regulations. Unfortunately, some day care center violate regulations and fail to properly supervise and care for the children enrolled in the center. Some children even die as a result of poor care and inattention in day care centers. In some instances, a parent finds out too late that a day care center is not the right place for the child. You can read a story and see a video on this topic at Wake County - Finding the Right Day Care Center.

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

In Georgia and other States, children and teens play with pellet guns. Many children and parents for that matter do not realize that a pellet gun injury can actually be deadly. In Waycross, Georgia, 11 year old - Mitchell "D.J." Maxwell, Jr. recently died from pellet gun related injuries. It was reported in the Florida Times Union that D.J. was at a friend's sleep over party when the incident took place. Injuries and deaths like these raise many questions for the police to investigate. These issues can be taken into consideration as part of a criminal investigation by the police. These issues can also be considered by the family of the victim if a civil case is pursued for the death of the child.

What time did the incident take place?
Who was the owner of the gun?
What parental or adult supervision (if any) were in place at the time of the incident?
What safety precautions (if any) were in place prior to and at the time of the incident?
Who fired the gun?
Who witnessed the incident?

The death of this 11 year old boy is certainly tragic for the family, friends, and community. Hopefully, others will take notice of this incident and understand that pellet guns can be quite dangerous and deadly weapons.

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

In Arizona and other states, All Terrain Vehicles (ATVs) pose a safety risk to children. The Injury Prevention Center based at the Phoenix Children's Hospital has studied injuries related to ATV accidents and incidents. It was reported that over 1000 Arizona children were injured / hospitalized due to ATV related accidents. Of these children 9 died and 6 of these 9 children were not wearing helmets. The American Academy of Pediatrics recommends that children under the age of 16 be prohibited from operating an ATV. The safe operation of an ATV depends on the operator's experience, size, strength, judgment, and decision making abilities. You can read more about safety tips and recommendations regarding ATVs and children at ATVs Pose Significant Health Risks to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Concussions in high school sports are being scrutinized that recent studies have revealed a high incidence of brain injury and trauma in professional sports like the National Football League. When a high school athlete like a football player suffers a concussion, the best interest of the child / student should be paramount to all other concerns namely competition / winning a game. The Fort Wayne Journal Gazette recently posted a good article regarding concussion in high school sports - Concussions No Longer on the Sidelines. If you have a child active in sports, this would be a good article to read to see what approaches and recommendations are being made when a high school athlete suffers a concussion.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Scooby Doo and Batman are very popular cartoons on television. Every day, children watch cartoons that have a good bit of violence. One problem with the violence is that these shows do not accurately portray the consequences from such actions. For instance, Scooby Doo and Shaggy fall off a cliff yet the next moment they are running down the street. This is not very realistic and gives children a false view of the world as well as the consequences from violent and dangerous acts. Because of this and other reasons, some child safety advocates recommend that a rating system be put in place for cartoons. You can read more about this story at Child Safety Expert Urges Rating System for Cartoons.

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

In Ohio and other States, day care workers have the responsibility to supervise children. It is vital that day care workers stay calm and think of the best interests of the children when performing their duties. In Dayton, Ohio, it was reported that a day care worker punched a four year old boy in the chest causing him to fall down. In many instances, it comes down to the word of the day care worker versus the word of the child. A 4 year old boy's testimony is not always reliable or accurate. In this case, another teacher witnessed the incident. As a result of this evidence, misdemeanor assault charges were filed against Sherra Howard, a 25 year old day care worker who apparently lost her composure punched the child and then proceeded to spank him as well. The day care center was operated by the YMCA. The CEO of the YMCA issued a statement about the incident. You can read this statement and more about this story at Ohio Day Care Center - Day Care Worker Punches and Spanks Child.

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

In three unrelated incidents, Maine infants died while sleeping with their parents. The first death was reported on Sunday, October 4, 2009 when a two-month-old Madison, Maine girl was found dead in her father’s bed. The second incident occurred on October 5 when a two-month-old boy died after sleeping with his mother in Canaan. The third incident took place on October 6 in Windsor when a five-week boy died while sleeping with his mother. According to Maine State Police, no foul play is suspected in any of the cases. You can read more about these incidents at Co-Sleeping Deaths of Infants in Maine.

According to recent studies published in the British Medical Journal and the medical journal Pediatrics infant deaths blamed on accidental strangulation and suffocation while sleeping with parents have increased in recent years. The trend has roughly coincided with a sharp rise in bed sharing which has gained in popularity to help mothers bond and breast-feed. The deaths can occur when a sleeping parent rolls onto the infant, a pillow falls on the baby’s face, a blanket wraps around the child’s neck, or the baby gets wedged between the bed and a wall.

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

The State of Alabama prohibits sex offenders from residing within 2000 feet from a day care center or school. Some sex offenders are one time offenders while others have committed crimes over and over. As such, it is difficult to predict if and when a sex offender will repeat his or her crimes. This Alabama law was enacted as a safety measures of sorts to keep sex offenders including child predators away from children attending school and day care centers. While the law may help prevent the abuse of children, it is by no means a measure that will in every instance keep child predators away from children. In Satsuma, Alabama, a sex offender was recently arrested for allegations that he was residing with his mother. The home was located near a day care center. The sex offender was arrested. Of course, the sex offender will have the right to defend himself through a criminal lawyer or the public defender's office. This instance highlights this Alabama law as well as a dilemma for many sex offenders as to where they can or should live. You can read more about this story at Satsuma Alabama Sex Offender Arrested for Residing Near Day Care Center.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, Virginia, Keishawn L. Whitfield, age 23, was recently convicted on charges of Involuntary Manslaughter and Child Neglect. In the Summer of 2009, Mr. Whitfield left a 13 month old child unattended in a day care center van. Whitfield's attorneys argued that it was a mistake and inattention rather than a crime to leave the child in the day care center van. Tragically, the child died as a result of being left in a hot vehicle in the Virginia summer heat. The child was enrolled in the Yellow Brick Road Day Care and Learning Center which was owned and operated by Whitfield's mother.

It is extremely dangerous as can be seen by this case to leave a child unattended in a vehicle. Whether it is summer heat or winter cold, small children are at risk for injuries and even death from being left in a vehicle. Further, the failure to supervise can lead to non weather related injuries or death as well. You can read more about this story at Richmond, Virginia Day Care Driver Convicted of Crimes Involving Death of 13 Month Old Left Unattended in a Vehicle.

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

Robert Lewis is a civilian police officer based at Camp Lejeune, North Carolina. Tragically, Lewis' 3 year old son died recently from a reported accident involving a 40 caliber handgun. It was reported at Channel 9 - CBS News that an investigation is being conducted as to the details of this incident. Some of the issues or questions that may be addressed are as follows:

Who was the registered owner of the gun?
Where was the gun stored at the time of the incident?
Where was the gun normally stored?
Who was present or nearby at the time of the incident?
Had the child handled or been around the gun in the past?
What safety locks or devices were part of the gun itself?
What additional safety locks or devices were put in place by the owner?

The death of any small child from an accidental shooting is tragic. It is certainly a great loss for the family, friends, and community. Hopefully, this story will encourage others to check the safety and storage of their guns especially in households were small children reside or visit. It is well known that children are curious and have poor safety awareness when it comes to guns. As such, it is the responsibility of adults, parents, and gun owners to keep guns out of the reach of children. You can read more about this story at Gun Safety Concerns in North Carolina Following Death of Child.

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

In Connecticut and other States, parents rely on babysitters to watch, supervise, and care for their children. Some babysitters are experienced and very caring while others put their own interests in place of the child's. In Bridgeport, Connecticut, a babysitter was arrested after a baby was treated at a hospital for severe head injuries. Police believe that the babysitter (Keamira Fatal - age 24) banged the baby's head on the floor several times after the 1 year old girl disturbed the babysitter who was watching television. The babysitter reported that the baby was crying and that the babysitter did not quite know how the baby was injured. In a criminal investigation and case of this nature, forensic and medical evidence will play an important part in determining what truly happened to this defenseless child. This is especially true since the victim cannot state what happened to her and there were no witnesses at the time the injuries took place. You can read more about this story at Babysitter Faces Criminal Charges for Severe Personal Injuries to 1 Year Old Girl in Connecticut.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Sesame Street aired 40 years ago with larger than life characters. Many of us grew up with Sesame Street. Now, parents, grandparents, and even great grandparents can share the joy of Sesame Street with their children. Big Bird, Oscar, Bert and Ernie, and many other characters have helped millions of children learn more about the alphabet, math, and most importantly the value of being a good person and doing the right thing. Hopefully, Sesame Street will continue long into the future as a form of entertainment and education for children. You can read more at Sesame Street's 40th Birthday.

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

In Hawaii, warm weather year round makes it a vacation and destination location for many. The warm weather also makes Hawaii and other warm weather states a state in which outdoor swimming pool drownings can take place year round. Parents and property owners should be on alert every day for possible dangers involving children and swimming pools. When applicable and required by law, lifeguards should be in place. Furthermore, barriers, gates, and / or fences are key to keeping small, curious children out of pools. It is well known that toddlers and young children have poor safety awareness and judgment when it comes to the dangers of pools and other bodies of water. In Aiea, Hawaii, it was reported at the Honolulu Advertiser Newspaper website that a 5 year old child nearly drowned in an apartment complex - Pearl One Apartments. The boy was taken to a local hospital after bystanders pulled him out of the swimming pool. It was not reported how the child got into the pool or the level of supervision in the swimming pool area at the time of the incident. CPR was administered before emergency paramedics arrived on the scene.

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

Hazing incidents continue to be reported in Louisiana and other States across the nation. Unfortunately, high school and college students in clubs, organizations, fraternities, and even marching bands feel a need to inflict physical harm and / or humiliation as pre-requisites to get initiated or get membership in the group. It was recently reported in the Atlanta Journal Constitution that a student is suing Southern University located in Baton Rouge, Louisiana over a hazing incident that took place off campus. Southern University will argue that the incident took place off campus and that the University did not sponsor or have knowledge about the incident. The attorney for the victim may argue that there was a lack of supervision by the University and that the University knew or should have had knowledge of past incidents of hazing yet took no action to intervene. It is by no means an easy case to pursue on behalf of the victim. It will be interesting to see how the court case turns out and what information is obtained through the court case.

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

In Mississippi and other states, people run businesses out of their homes. Some businesses are day care centers. Typically, caring individuals and family operate home based day care centers. Unfortunately, there are other day care operators who put children at danger by running drug operations and conducting other illegal activities at the day care center. Recently, drugs and pornography were discovered at a home which also served as a day care center for your children. Investigators and authorities found chemicals and meth lab materials as well as needles and other gear used to manufacture meth. It is well know that meth is highly toxic and labs are high flammable. As such, the possession and / or manufacturing of meth at or near a day care center definitely poses a health hazard to children.

Neighbors are understandably concerned about the allegations against the day care owners. Having a meth lab is dangerous to neighbors as well. Drug operations tend to bring in other violent crimes when there are disputes over drug money or the drugs themselves. In addition, people, who sell and manufacture drugs, often times are users as well. It certainly is not safe for anyone to have drivers zip through neighborhoods high on meth or other drugs.

Police and narcotic authorities have a tough task to clean up neighborhoods and day care centers that put children at risk for harm. You can read more about this Mississippi day care center at Neighbors Upset Over Meth Arrests - Day Care Center.

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

A former Wyandotte school teacher is facing criminal molestation charges. In Ottawa County (Oklahoma), District Attorney Eddie Wyant stated that the charges stem from molestation allegations against two former students of Brian Matthew Rash, now age 38. Mr. Rash was arrested in Missouri and will be extradited back to Oklahoma to face these charges. According to a news story posted at the Oklahoman Newspaper Website - www.newsok.com -, two students have come forward with allegations that Rash molested a number of times. One child reported that the incidents took place when he was between the ages of 10 and 13. The other child reported that the molestation began when he was in the 5th grade. Police investigators even obtained an Affidavit from Rash's ex wife who stated that Rash "loved" one of the students and "could not imagine life without him".

It will be interesting to see what other evidence is gathered against Rash.
Furthermore, it will be interesting to see what Rash admits to if anything. Of course, Rash will be entitled to defend himself against these charges through a private or court appointed criminal defense attorney.

It is disturbing that there continue to be reports and incidents of teachers and coaches who molest and rape students. Teachers and coaches are in a position of trust and should not misuse this trust and position to abuse children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, there is a consistent problem with DUI incidents. Tragically, many DUI incidents cause serious personal injuries and even death of innocent people and children. In every DUI incident, there is a danger or risk to any children who is in the vehicle or near the vehicle as it is being driven. Parents especially should consider the best interests of the child when getting behind the wheel. The safety of the child should always take precedence over the convenience or selfishness of the parent especially when it comes to drinking and driving. In West Hennepin, Minnesota, a mother was arrested after a complaint was called in about her driving to the West Hennepin Public Safety Department for poor driving. When police attempted to stop or pull over the driver (Monica Say - age 29) - she refused and kept on driving another 4 to 5 miles. Along this dangerous drive, the chase and / or Ms. Say's driving almost caused other automobile accidents. It was later determined that Ms. Say's blood alcohol level (BAC) was .17 which amounted to in excess of two times the legal limit in Minnesota. Ms. Say was transporting two children during this dangerous drive who were 4 years old and 2 years old. The news report also stated that Ms. Say was in possession of marijuana and an open bottle of rum in a diaper bag. Ms. Say was arrested at the scene by the police. You can read more about this story at Mother Charged with DUI and Fleeing Police in Minnesota.

This story portrays an extremely bad example of parenting. Everyone knows that drinking and driving do not mix. It can also be said that drinking and good parenting do not mix at all.

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

In Fresno County, California, CNN reported the horrible circumstances of the death of a 4 year old boy who ultimately was found in a dryer of a nearby apartment. Alex Christopher Mercato, who was only 4 at the time, was molested, sodomized, and drowned in a bathtub by a 14 year old California boy. The 14 year old (Raul Renato Castro) has been charged as an adult. Raul told police that he killed Alex because Christopher said that he was going to tell on Raul for molesting Alex. Raul faces a criminal sentence of up to 32 years if convicted due to his age and California penal / sentencing laws.

The death of Alex Christopher Mercato was tragic and such a loss to his family, church, and the community. One would think that a 14 year old neighbor or friend would not pose a risk or threat to a younger child. It is unfortunate that parents need to be wary of not only adults but other children who are pre-disposed to harm, molest, injury, or kill an innocent child. You can read more about this story at Frenso County Police State that Teen Killed Child to Protect a Secret / Crime.

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

The Centers for Disease Control and Prevention have estimated that one in 150 children in the United States has some form of Autism. In Massachusetts that number is closer to one in 132. In the State of Massachusetts, autistic children under the age of three are currently are eligible to receive 40 hours of therapy through the Massachusetts Department of Public Health's early intervention services. But after that, the family is entirely dependent on their local school district. For children who need more help than the school district can provide, the family is on their own to find and pay for needed services.

Massachusetts State Representative, Barbara L'Italien, D-Andover has a nineteen year old autistic son, and has introduced a bill to the Massachusetts State Senate that would require insurance companies to cover treatment for Autism at the same level as for other ailments. The bill is part of a nationwide campaign by Autism Speaks, an autism advocacy group, to improve services for autistic children.

According to L'Italien, her son’s medical needs are just as real as those required for other, covered services, such as treatment for her daughter’s asthma.

Autism Speaks has commissioned a report in support of this bill and others like it; it shows that extending autism coverage to all insured persons would increase premiums by less than 1% annually, or about $40 per person covered. The report did indicate that the rate of increase is difficult to figure.

Opponents say that any increase is too much in a down economy, and that it would place a burden on small businesses. They add that only Massachusetts residents insured by state licensed insurance companies would benefit from the bill – about half of the population of the state. The bill’s proponents say that the bill would ease budget pressure on the state’s schools, which often provide the bulk of services to children with autism.

The bill has more than 100 co-sponsors, and supporters are optimistic that it will pass. That would make Massachusetts the 16th state in the US to require insurance to pay for autism treatments. Find out more about the bill and the plight of autistic children in Massachusetts at Bill seeks coverage for autism services.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Interstate 35 is a busy highway connecting the Twin Cities to northern points of Minnesota. Eric Sprouse, age 19, lost control of his pick-up truck and swerved into oncoming traffic while travelling northbound on Interstate 35. The driver and a young child in the other car were both killed and pronounced dead at the scene. Sprouse suffered life threatening injuries and was taken to a local trauma center by helicopter. His passenger also suffered injuries and was hospitalized.

State Patrolman Captain Matt Langer reportedly said that he believed the accident was preventable. The accident took place on a stretch of busy highway that has no safety barrier in the median.

Any time an accident like this occurs, there are many questions that need to be answered during the investigation:

*Was Sprouse a licensed driver?

*Was he travelling at the posted speed limit?

*Were there other vehicles that may have contributed to the accident?

*Were there any witnesses to the accident?

*What were the conditions of the road and the visibility on the day of the accident?

*Were the occupants of the vehicles wearing their safety belts?

*Was Sprouse’s vehicle operating properly, or could there have been a break down or malfunction?

Find out more this tragic accident at Man, Child Killed in Forest Lake Crash.

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

In Chicago and other cities, nutritional experts and child safety advocates have concerns regarding menu items and the sugar content of foods provided to children in breakfast programs. While having a breakfast available for low income children as well as other children is important, nutritional experts warn of the sugar content of the food items offered through these programs. Furthermore, children may pick up bad eating habits and preferences when high sugar content items are offered like doughnuts and sugar laced cereals like Frosted Flakes, Fruit Loops, and other cerebral brands. Why is this a problem? It is because one of the biggest health risks that has invaded the United States is obesity in both children and adults. A cereal like Frosted Flakes may have some fortified vitamins and minerals to its content; however, these cereals are also loaded with sugar / carbohydrates that combined with other bad eating habits can lead to weight gain, obesity, and in many cases diabetes. You can read more about the menu items and concerns about breakfast items at Chicago Public Schools Serving Up Doughnuts and Sugary Cereals to Children.

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

In Portland, Oregon and many other school districts throughout the United States, there is a good reason to have a fire drill / evacuation plan. Plan and simple, it saves lives. Fire swept through the Marysville Elementary School just prior to Noon on a Fall 2009 day. Fortunately, school staff members and firefighters successfully evacuated every single student from the school. While the historic school sustained heavy fire damage, no lives were lost in this fire. The Marysville Elementary School fire shows how an effective evacuation plan can protect children and teachers as well. You can read about this story at >Students / Teachers Escape Fire at Marysville (Portland) Elementary School.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Taking care of a child with disabilities can be overwhelming. For many parents, that means they are unable or otherwise neglect planning for their child’s financial future. There are nearly 5 million children in the United States suffering from disabilities, and advanced healthcare technology allows many of them to outlive their parents. If the parents fail to plan for the care of their child after their own passing, that can place a heavy burden on other family members or may leave the child without any support at all. That makes the need for financial educational and planning resources for this group more critical than ever.

Planning for a special needs child’s future can be very complicated, requiring expertise in a variety of federal and state laws. The good news is that the high demand for these services in recent years has prompted many well-respected financial planning firms to develop programs especially for families with special needs children. Many businesses / programs / organizations train their employees to deal with the financial, legal and emotional issues of planning for a special needs child’s financial future. They may enlist the aid of an attorney, an accountant, and even social workers and other caregivers to create a well-rounded plan.

Parents should seek guidance in these matters as early as possible in order to avoid making costly mistakes. Find out more about financial planning for special needs children at Children with special needs face uncertain financial future.

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

In Vista, California, a man was recently sentenced for the crime of leaving his small child in a hot car. It is very dangerous and careless for parents to put small children in danger of hyperthermia and related problems when left in a hot car. Especially during summer months, reports of serious injuries and even deaths have surfaced when a parent, caregiver, or day care provider has mistakenly left a child in a hot car. In Vista, California, Artermio Diaz was given a jail sentence of 180 days and probation for 4 years for this crime. Mr. Diaz apparently left his son in the vehicle while he shopped for groceries. While some may argue that parents should not be arrested for such conduct, it is important for all parents and caregivers to play it safe - Do not leave any children in a vehicle. You can read more about this story - Man Sentenced for Leaving Son in the Car While Grocery Shopping.

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

Areas near schools and school bus areas can become quite congested during morning and afternoon hours. When there is a high concentration of children, there are dangers in high traffic areas. In Portland, Maine, parents of high school students are quite concerned about the safety of their children. Parents as well as high school principal (Michael Johnson) are urging city officials to mark off areas as a school zone so that drivers are mandated by law to slow down in the area near the high school. City officials, according to a story posted at The Forecaster Newspaper website, claim that the street in question (Cumberland Avenue) is a state road and as such there are limitations or restrictions of action by city officials.

Hopefully, some remedial changes will take place in the near future which may include a school zone, flashing lights, signage, crosswalks, and crossing signals.

With or without a designated school zone in place, all drivers in Maine and other States should slow down any time there is a congregation of children in the area.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A sixteen year old girl with no driver’s license and a borrowed car drove into a tree outside the Wagon Wheel Mobile Home Park in Alamosa, Colorado. She had three other teenagers and two small children, aged 20 months and 4 years, in the car with her at the time. The car had been borrowed from a relative of one of the passengers. The girl is expected to be charged with drunk driving (DUI), driving without a license and criminal negligence resulting in the injury of a child. The driver is claiming that a steering malfunction caused her to miss the turn she was trying to make into the park, and sent her into the tree instead.

Teen drinking and driving is unfortunately an all too common occurrence. Teenagers and adults alike often lack good judgment when drinking alcohol. Teenagers, however, are less likely to know their own limits and do stupid things while under the influence. There is no doubt that this young woman put her life and the lives of her passengers at risk by driving her car in such a condition. You can read more about this senseless accident at CHILDREN, TEEN INJURED IN ACCIDENT.

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

In Cupertino, California, a 5 year old child was run over by a teacher. Tragically, the 5 year old died. It was later determined that the day care center, Elite Chinese School, did not have a day care license. Elite has a business license but did not have the separate California day care license. As such, the State of California never inspected the facility or its grounds for safety or compliance with the applicable day care center guidelines and regulations. The accident at issue is also under investigation.
Nelson Wei was the student enrolled in the day care center who died as a result of this most unfortunate accident.

While having a license in place does not guarantee the safety of a child, proper licensing and compliance with applicable regulations are often times good indicators that a day care center is set up in a manner to promote the safety and welfare of the children enrolled in the day care program

You can read more about this story at Cupertino, California Day Care Center Did Not Have License to Operate Day Care Center.

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

A woman, Ebere Ozonwu, was rushing to make her train in Chicago this week when she unintentionally put her own child in danger. According to witnesses, the woman had started pushing her child, who was in a stroller, into the train car when the doors closed on it and the train started moving. The woman and other horrified onlookers watched as the stroller slammed against the wall of the tunnel it was entering and the child was thrown out onto the tracks. The little girl was hospitalized but has been released.

Safety features on the train doors should have prevented it from closing when the stroller was in the doorway. The Chicago Transit Authority (CTA) and the Chicago police are investigating the accident, and so far they have found no problems with the train’s safety features. The train’s driver, who continued to make five more stops before realizing what had happened, has been taken off duty. The train has been taken out of service until the incident can be investigated further.

While it is still not clear what happened in this case, it is clear that people need to use caution and common sense when they are around trains and other potentially dangerous objects.

You can read more about this accident and the good Samaritans who helped save the baby at Toddler thrown onto CTA tracks in accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

On news stations, You Tube, and other media outlets, a video of Elizabeth Lambert has hit the airwaves in a big way. Elizabeth Lambert is a college soccer player for the New Mexico Lobos. In a game versus BYU, Elizabeth was filmed pushing, punching, and then dragging another player down by the other player's hair. The action is rough. Some say that Elizabeth Lambert is a soccer bully . . . others may refer to her as a tough competitor. The videos do show that women's soccer is a competitive tough sport. It should be noted that on some plays other plays are pushing, punching, and grabbing Elizabeth's shorts. While she may have been provoked at times, Elizabeth Lambert seemed to retaliate with greater force. You can make the call by watching the various videos online of Elizabeth's play. You can view one such video at Elizabeth Lambert - Soccer Player.

Parents of young children playing soccer certainly should not use these videos as examples of play, sportsmanship or technique. Serious personal injuries can result from such play and conduct.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Paducah, Kentucky, a day care director has been charged with a crime for leaving a three year old boy on the day care center van. WPSD-TV reported that Tanashea Young was charged with the crime after she took the van to a repair shop for repairs. The child was left on the van and was later found after the van was lowered from the rack or lift where it was being repaired. Ms. Young reported that she knew that the child was still in the van. This really did not make sense in that the child was left in the van while it was placed up on a lift. What parent or diligent day care director would put the child in such a position?

It is vital that day care centers have a checklist for arrival and departure of students to and from the day care center and especially when children are being transported by the day care center.

You can read more about this story at Kentucky Day Care Center Director Charged with Leaving Boy on Day Care Center Van.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The House of Representatives recently passed its version of the Healthcare Reform bill (HR 3962). Parents and guardians of special needs children will most likely benefit from two aspects of the bill: health insurance companies would no longer be able to deny coverage based on pre-existing conditions, and the public insurance exchange option. Of course, the Senate still has to pass its own version of the bill, and the two bills will have to be blended together and voted on again – but so far the news looks good for children with special needs.

The pre-existing condition clause will doubtless help many children with special needs retain insurance coverage – which can be critical in getting them proper medical attention for their conditions. In the past, any time a parent left a job they would need to sign up for new insurance, and the new insurance company would be able to deny coverage for any medication, treatments, and doctor visits related to the special needs diagnosis, if the child was diagnosed before the new insurance was purchased. This can lead to poor services for the child in need and cause financial ruin for their parents as they try to get them the help they need.

The other benefit for special needs children is the most debated aspect of the new bill: the public option. A public option would work much like Medicare or Medicaid, offering a more affordable alternative that makes it possible for parents of special needs children, even those with low incomes, to attain coverage for that child.

Read more about the benefits of healthcare reform at Special needs kids' parents should rejoice over health care bill's passing.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nancy Owens and Vanessa Ramirez were at a birthday party together, where both have admitted to drinking. Ms. Owens reportedly allowed Ms. Lopez to drive her three children home, even though she admitted to police that she was aware Ms. Lopez was "drunk."

Police pulled Ms. Lopez over after seeing “something” fall from her car while she was driving it. It turned out to be a child. The car was carrying ten people at the time, including seven children, none of whom were properly restrained. A witness from the party said that he saw two other children fall out of the car as Ms. Lopez was leaving the party. The three children who had fallen out of the car were all rushed to the hospital, one of them (Ms. Ramirez’ child) is still in critical condition.

Ms. Lopez admitted to officers that she had been drinking beer at the party, and there was an open bottle of beer in the car. She refused a sobriety test. She has been charged with seven counts of child endangerment, drunken driving, driving with a suspended license, driving without her headlights on and having an open container in a vehicle. Ramirez has also been charged with child endangerment for putting her kids in that car. All of the children have been removed from the care of their parents.

This case shows the dangers of alcohol, not just when driving, but when making important choices about the health and safety of children.

Find out more about this story at Police: Mother Left Kids With Drunk Driver.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Golden Valley, Minnesota, a day care provider is being charged with the crime of malicious punishment and false imprisonment regarding discipline and corporal punishment measures allegedly put in place a day care center. Arvilla Marie Lilly Meinhardt, age 70, has been charged with these crimes. Police investigators collected evidence from the day care center in the form of large safety pins, pajamas, and a mattress with what appeared to have pin holes in it from the safety pins. Apparently, according to police and news reports, Ms. Meinhardt would use the tactic of pinning children to the mattress for years at the day care center. With the pajamas, safety pins, and mattress, it appears that Ms. Meinhardt created a straight jacket of sorts to limit or restrict the movement of the children. It will be interesting to see what other evidence and testimony are obtained on this case. Certainly, pinning a child to a mattress is dangerous and can lead to serious physical injuries. It is also demeaning and emotionally disturbing for a child to be restrained in this manner. You can read more about this story at Minnesota Day Care Provider Pinned Children to a Mattress as a Form of Punishment.

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

Daycare owner, Shannon Veradt, of Taunton, Massachusetts, was allegedly found passed out on the second floor of her home while the children she was supposed to be caring for were unattended downstairs. Her own mother had called the police because she believed her daughter was drunk and she was worried about the children. Ms. Veradt admitted that she had been drinking, saying she was stressed from her marriage. This day care owner showed “poor judgment” but is being allowed to reopen the daycare center.

It seems shocking that this woman, who allegedly has a serious problem with alcohol, will be allowed to reopen her daycare center and take care of children. At least one parent was quoted as saying that she will not be returning her child to Ms. Veradt’s care. This just highlights how important it is for parents to thoroughly check out child care centers and child caretakers before entrusting their children to a relative stranger.

Find out more about this story at Daycare provider able to re-open after drinking on job.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Consumer Product Safety Commission (CPSC) has recalled several styles of roman blinds and roller shades due to the possibility that they might pose a strangulation risk for children. No fatal incidents have been reported.

ISDANS, TUPPLUR, and ENJE Roller Blinds sold at IKEA Home Furnishings from July 2005 to July 2009 have been recalled by IKEA. Consumers can receive a free repair kit from IKEA starting in November of 2009. No injuries have been reported from the use of these shades.

Faux suede roman shades, sold at Hanover Direct/Domestications and via the Internet at www.domestications.com and through catalog sales nationwide from January 2004 through December 2008, have also been recalled. A two-year-old boy reportedly injured himself after becoming tangled in the cords of the shade. Affected customers can get a free retrofit kit for their shades from the company.

Another brand of roman shades, Dublin Energy Solution Roman Shades sold by Bed Bath & Beyond have also been recalled. Two minor injuries have reportedly been caused by the shades. Customers can get a free repair kit from Louis Hornick & Company.

To find out more details about which shades were recalled and how to get your free repair or retrofit kit, go to More Window Blinds Recalled for Strangulation Hazards.

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

School bus drivers and teachers have a duty to provide for the education and safety of children. When a person takes a job of such importance and responsibility, it is vital that the person is mature, ethical, and has common sense. The purpose of these supervisory jobs is to watch or care for children not date them. In various States including Georgia, there have been reports of teachers and other school employees have inappropriate relationships / sexual relationships with students. In Georgia, the age of consent for sexual intercourse is 16 years old; however, there are exceptions to the law if an adult has a supervisory position like a teacher or bus driver over the student. In Union County, Georgia, Jacqueline Connally, age 22, was recently arrested for having an alleged inappropriate relationship with a student according to a story posted in the Atlanta Journal Constitution Newspaper website. At the time of the incident(s), the student was 16 years old. Another student had reported the relationship to authorities. The news story did not report what evidence other than this testimony would be presented to support the charges. In other cases throughout the nation, valuable evidence was presented after obtaining records from mobile phones an Internet Service Providers as well as from sites like Facebook. There are often times an electronic trail of evidence to support these crimes / inappropriate relationships. Teachers and other school district employees should focus on their jobs and date or avoid inappropriate relationships or the appearance of inappropriate relationships with students.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Gambling is legal in Atlantic City but not for those under the age of 21 which includes teens and young children. Two Atlantic City casinos were fined a total $85,000 for allowing underage gambling. Bally's Atlantic City was caught with a 15 year old playing the Roulette Wheel. Caesars Atlantic City was also fined for having a 20 year old playing Blackjack. Some may argue that it is not a big deal to have a 15 to 20 year old play these games. However, child advocates would argue that gambling and casinos are not proper places for children. Many young people / children lack the maturity and responsibility that are necessary when engaging in potentially dangerous, harmful, and / or expensive activities like gambling, driving, and drinking alcohol. Any body who thinks that putting a bottle of alcohol into a 14 year old driver of a Corvette heading out to a casino may not be fit for any of these activities as well. You can read more about the casino fines at Atlantic City New Jersey Casinos Fined for Underage Gambling.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Martin Fletcher is the NBC News Bureau Chief based in Tel Aviv, Israel. During his 30 year career, Mr. Fletcher has travelled to many countries as a news reporter, correspondent, and / or cameraman. It is clear through Fletcher's reporting and details that he keenly understands the stories that he covers. His book, Breaking News (available at Barnes and Noble and Amazon) recounts not just a story . . . but history. From Israel to South Africa to Kosovo and many other parts of the world, Fletcher has used his sharp intellect, street smarts, common sense, and work ethic to get the job done. Through the years, Martin Fletcher has learned that it is important to report the plight and hardships of the people including children. Fletcher has interviewed thousands of people through the years. His book - Making History - does an excellent job of detailing his experiences in many dangerous places. It is truly amazing that Martin Fletcher survived the dangerous and deadly locales where he has gathered and filmed important events. Reading Fletcher's book has helped me put my life problems as well as the problems of others in perspective. Martin Fletcher has been around the world and has met with and interviewed world leaders. Through it all, Fletcher has remained grounded in his philosophy and demeanor. To Martin Fletcher, the best days are spent with his wife and children. I recently spent the better part of an afternoon with Martin Fletcher on his book tour throughout the United States. I was able to speak to him about his book, his life experiences, and some of his philosophy and opinions. He certainly is an interesting and affable person. Recently, he completed a new book about Israel which will be published in 2010. Hopefully, Martin Fletcher will continue his work as an author and write several more books in the future.

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

Consumer Watchdog has filed a lawsuit alleging that California state insurance regulators allow insurance companies to deny necessary treatment to autistic children in violation of state law. The lawsuit seeks to compel the California Department of Managed Health Care to order health plans in the state to cover applied behavioral analysis (ABA) for autistic children if it is deemed medically necessary and is appropriately administered. A Los Angeles Superior Court Judge, James Chalfant, has ruled that the case may proceed to trial.

ABA is a therapy that teaches children how to eat, play and learn. It can cost more than a thousand dollars a week, and most California health insurance companies consider it “educational therapy” and decline to cover it. The case may ultimately hinge on the definition of a licensed provider. You can find out more about this impending case at Suit challenges state's autism practices.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Diane Stephenson, a Pfizer researcher, has two nephews and a niece who suffer from Autism. Her colleague, Howie Mayer, has two children of his own with Autism. The two have worked together at Pfizer to create a research unit that focuses on curing the disease. Stephenson believes that recent advances in genetic studies of Autism have made this the opportune time to start the research unit. They were given permission to start the unit despite the fact that Pfizer has been downsizing of late.

Autism is a neurological disorder that can cause language difficulties, behavioral problems, and poor social skills. It is believed to be caused by genetic and environmental factors. The disorder is believed to affect 1 out of every 10 children, 5 times as many as was believed only 12 years ago. The Autism Society of America has lauded Pfizer’s efforts, saying that Pfizer is the only large pharmaceutical company to have a research unit devoted exclusively to autism. Others in the industry believe that Pfizer may have existing drugs that could be used to treat Autism, and the new unit will be able to identify them faster.

The attention that Pfizer is paying to this disease is encouraging. Hopefully they will be successful in treating the symptoms of this debilitating disorder.

Find out more about how Pfizer is trying to cure autism at New Pfizer unit to take on autism.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In June of 2009, Mattel and its subsidiary Fisher-Price, were accused by the United States Consumer Product Safety Commission of knowingly selling millions of children’s toys that were contaminated with lead paint, exposing children to lead poisoning. Mattel and Fisher-Price agreed to pay a $2.3 million civil penalty.

This month, consumers won a multi-million dollar recall suit, which will require Mattel to compensate consumers who purchased any of the affected toys. The settlement calls for the largest toy recall ever recorded.

It is encouraging, heading into the holiday shopping season, that shoppers will be able to buy toys for their loved ones with greater confidence. You can find out more about the recalled toys at Mattel Knowingly Imported Poison.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chesnee, South Carolina daycare operator, Gena Lynn Grigg, was arrested by officers of the Spartanburg County Sheriff’s Office after police said she abused a child in her care. She has been charged with unlawful neglect of a helpless person.

The child’s mother, who had been leaving her child in Grigg’s care for approximately one year, noticed that her two-year-old child had developed bruises while at daycare. She put a digital recorder in the child’s bag, which reportedly captured Grigg swearing at and threatening the child. Grigg was released on bail.

Video cameras can be a valuable source of evidence in cases involving day care abuse and neglect. Some facilities even have cameras in place that happen to capture instances of abuse and neglect that take place at a facility. Many day care and child care employees would be deterred from abusing children if they knew that they were being video taped.

Working parents need to be able to rely on day care operators to provide a safe haven for their children. It is unfortunate that in many instances children are physically and emotionally abused by the very people charged with the responsibility of caring for them.

Find out more about this story at Daycare Operator Charged With Neglect.

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

While most students graduate at the age 18 and go on to higher education or into the work force, special needs children usually follow a different path. Stow-Monroe high school officials are hosting their first-ever “Transition Fair” for special needs students and their parents to discover what their options are after high school.

The fair is open to anyone in the area who cares for a child with a disability. Organizations on hand will include job placement and job training organizations.

The transition for a young person from high school to the “real world” can be fraught with uncertainty for any youngster, but is especially difficult for children with disabilities and their families. It is great to see this school taking the initiative to help students with disabilities take the next step.

Find out more about this story at Transition fair helps students with special needs.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Julie Powell picked up her children, Carter (18 months) and Konnor (3), from the Toddler Escape Drop-In Child Care in Billings, Montana, nothing seemed out of the ordinary. It wasn’t until she received a call from Billings police later that night that she found out what had happened to Carter earlier that day. A passing motorist on busy Central Avenue had spotted the child wandering around in the street and returned him to the daycare center.

Powell found out, only after the incident, that drop-in daycare centers are not regulated the same way as licensed daycare centers. The state of Montana does not inspect or license drop-in centers. Powell attempted to file a complaint with the state’s child care regulation office, and was told that she needed to call the child abuse hotline. The Child and Family Services Division of the Department of Health and Human Services would conduct a child welfare investigation privately. There would be no mention of the charges or investigation in the state’s searchable database of licenses daycare facilities, since drop-in centers aren’t licensed.

This case highlights the need for parents to do thorough research before selecting a child care facility. Simply visiting the facility and making sure that it looks clean is only the first step. Checking with the appropriate state department about the status of the center’s license (and whether they are even required to have one) can help parents feel more confident about who is caring for their children.

Find out more about this story at Toddler escapes daycare, found on busy street.