Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 14-year-old Greencastle, Indiana boy may have avoided serious injury after he collided with a vehicle late afternoon on June 7. The Greencastle Police report stated the 14-year-old was riding his bike when he crossed the driver of the vehicle, Glenn K. Hollis’, path. According to the police report, the child came into contact with the front driver side fender of Hollis’ 1999 Pontiac Grand Prix, was thrown from the bicycle, and struck his head on the windshield causing him to fall to the ground. The child was then rushed to the Putman County Hospital in an ambulance where he was treated for a head injury. Greencastle Police Department Chief Thom Sutherlin stated he believed the child was treated for minor injuries and was kept overnight in the hospital for observation reasons. Sutherlin said Hollis was not cited for the accident. You can read more about this accident at 14-year-old on bicycle collides with car, sustains head injury.

Drivers need to be cautious while on the road. Although this driver was not cited for the accident, the message is still clear: Automobiles are dangerous. Children and teenagers on bicycles run a risk of sustaining serious injury if they come into contact with a vehicle. Parents and care takers should inform their children of safety tips and precautions in order to avoid accidents like this one.

By John Jensen, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Judy Alvis Harper, 60, former owner of the Palmer-Leigh Small World Day Care Centerin Greensboro, North Carolina, will spend a minimum of 16 months in jail for the death of 16-month-old, Jackson Edmonds. Edmonds died of hyperthermia last March after Harper left the child in a car in the drive way of the day care center. North Carolina State officials closed the day care center the week the death occurred, declaring the day care center to be an unsafe, unhealthy and injurious environment. Harper also received a suspended sentence and supervised probation. You can read more about this incident at 60-year-old day care owner receives jail time. Day care providers have a duty to care and protect the children within their custody. Leaving a child unattended in a vehicle is never acceptable. The heat within an automobile increases at drastic rates and can become 45 degrees or more above the temperature outside. Also, a child’s core temperature increases as a rate 3-5 times faster than an adult. Children run a high risk of heat stroke, which can leave permanent injury or result in death. If you have experience the negligence of a day care provider contact a Florida Child Injury Lawyer to discuss your issues and concerns.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The State of Indiana has recently focused on the dangers of lawn mowers to children and for good reason. Between 2003-2008 in Indiana, 38% of all serious lawn-mower-related injuries that required hospitalization involved children 16-year-old and younger. Almost 1/4 of these injured involved children ages 6 and younger. Dr. Joan Duwve, medical director of the Injury Prevention Program at the Indiana State Department of Health, stated child injures caused by lawn mowers could be prevented by keeping children away from the areas of the yard that are being mowed.

Many of the lawn mower injuries are to the legs, feet or toes of children and are caused by the lawn mowers’ sharp rotated blades that can cut through skin and bones. Lawn mowers can also get relatively hot after being used and touching the lawn mower, even after it has been turned off, can burn children. Children can also be the cause of lawn-mower-related injuries. Children playing close to lawn mowers run the risk of slipping and falling into the mower blade. Children can also be injured while operating the lawn mower if they are too young to do so. According to the National Agricultural Safety Data, a lawn mower rotary blade spins at 2,000-4,000 revolutions per minute, the equivalent to 100-200 mph. It is important to know how to quickly disengage the clutch and stop the engine, young children may be unsuitable to do such a task.

The American Acadmey of Pediatrics offered these safety tips to parents:

1. While mowing the lawn, keep young children away.
2. Do not allow children younger than 16-years-old to operate ride-on lawn mowers and do not allow children younger than 12-years-old to operate walk-behind mowers.
3. While operating a lawn mower, wear sturdy shows, protective ear wear and eyewear
4. Before mowing, pick up objects such as stones and toys from the lawn.
5. Use only a power mower with a control that stops the mower if the handle is let go; be certain that the control is never disconnected.
6. An adult should adjust the blade settings.

To read more about this topic see Lawn mower safety.

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

A Massachusetts couple, Edwine Louissaint, age 33, of Dedham and David Augustin, age 34, of Milton left their children, ages 1 and 10-years-old, alone in a vehicle in a Foxwoods Resort Casino parking garage. Louissaint and Dedham were charged with risk of injury to a child, leaving a child unsupervised in a motor vehicle, and second-degree reckless endangerment said chief spokesman for the Connecticut State Police, Lieutenant Paul Vance. According to police, the couple’s children were turned over to the Massachusetts Department of Children and Families. Surveillance and gambling records revealed that the couple was in the casino for over an hour, stated Vance. Police arrived to the scene after receiving a call from someone who observed the unattended children. To read more details on this incident see Couple leaves children unattended in vehicle while gambling inside a casino.

The negligence of these parents is disturbing. Children should never be left unattended in a vehicle. Closed vehicles are dangerous environments for children. The temperature inside a vehicle can become 45 degrees Fahrenheit or higher than the temperature outside. Also, a child’s core body temperature accelerates 3-5 times faster than an adult. Children are at a high risk of suffering from a heat stroke, which can leave permanent injury or result in death. To read more on the risks of child heat stroke see Closed vehicles are dangerous places for children.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Between 1998 and 2009, 445 children died from heat stroke after being left unattended in a vehicle; that is an average of 37 child deaths per year. As temperatures are soaring during the summer months, Safe Kids Kansas reminds parents to check their vehicles for sleeping children before leaving a vehicle.

Heat poses more risks to children than to adults; a child’s core body temperature can rise 3-5 times faster than an adult when left in a hot automobile. A child’s core body temperature can even accelerate at the rate on days with mild temperatures. Heat stroke occurs when the core body temperatures reaches 104 degrees Fahrenheit and can cause permanent injury or death; a core body temperature of 107 degrees Fahrenheit is considered lethal. In just ten minutes, the temperatures inside a closed vehicle can rise 19 degrees above the temperature outside. After an hour the two,temperatures can differ by 45 degrees or more, even with a cracked window.
Many children are intentionally left in vehicles by parents or care takers that do not understand the severity of the danger in their actions. More than 50% of children who died from heat stroke were left unattended by a parent or care taker who suddenly became distracted and left the children in the vehicle. Parents and care takers must also keep keys out of a child’s reach; 30% of children gained entry into an unlocked vehicle and then became trapped inside the vehicle and overcome by heat.

Safe Kids Kansas offered several tips for parents and care givers:

1. Teach children to not play in, on, or around vehicles.
2. Never leave a child unattended in a vehicle, even if the window is cracked.
3. Place items, such as a purse, gym bag, briefcase, etc., in the backseat of an vehicle so at your next stop you will not accidentally forget a sleeping child in the vehicle.
4. Always lock a vehicle’s doors and trunk and keep key-less entry devices out of a child’s reach.
5. If a child goes missing, check the car and trunk first.
6. If you observe a child unattended in a vehicle, call 911.

For more on this topic see Heat stroke causes an average of 37 child deaths per year.

Demonstration of how quickly a car heats up in moderate temperatures.

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

Governor Jennifer Granholm signed into state law Senate Bills 723 and 724, which will give parents more information about the day care providers they choose for their children. Public Act 85 will require day care providers to maintain a licensing notebook. This notebook will contain background information on the day care provider such as licensors renewals, past violations, or any special investigation that has been conducted by the Department of Human Services (DHS). This licensing notebook will be available to parents during operating hours. Also, DHS will not issue or renew a license to day care provider if there has been a past revocation of a license due to a violation that resulted in serious injury or death of a child while under the providers care. Public Act 86 will require DHS to list the number and nature of all special investigations conducted by DHS or any home classified as high risk. These new laws should provide parents with more important information about day care providers.

Laws such as Senate Bills 723 and 724 should empower parents and guardians with more information about day care centers. Requiring day care centers to provide detailed information to parents is a step towards making these facilities safer havens for children. Facilities that fail to follow the rules will eventually be closed down by the State or will go out of business as parents will select day care centers that follow the rules and pay attention to detail.

To read more about these new laws see New Michigan Laws Provide More Information to Parents about Day Care Providers.

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

In Tremont City, Ohio, a 6-year-old girl fell off the trampoline located at her home. The child was being watched by her grandmother through the back door of their home. After the accident, which the grandmother witnessed, the child walked into the home then vomited and lost balance. She was flown to a nearby hospital where she was diagnosed with a mild concussion. The grandmother stated the trampoline was usually secured by a safety net, however, it happened to be unattached on the day the accident occurred. Although the family has had the trampoline for four years, the family took the trampoline down after the accident.

Devices such as trampolines or other play equipment are a great source of fun for children. However, fun-filled playgrouund equipment can be extremely dangerous and pose a serious risk of injury to children. Parents should take extra precautions if they decide to maintain playground equipment for their children, such as the safety net for the trampoline this family had. Children sometimes do not appreciate the dangerous nature of the equipment they play on. Therefore, parents, care takers, daycare providers, babysitters, and others need to take all reasonable precautions and safety measures to protect children from sustaining bodily injury from these types of playground equipment.

To read more on this incident see 6-year-old Ohio Girl Falls Off Trampoline, Suffers Head Injury.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 4-year-old boy from Kansas died as a result from a large television falling on him. At the time of the accident, the child was apparently climbing on a counter when the large television fell on him, resulting in a severe head injury. Child safety experts say these types of child injuries happen more frequently than people think.

This family experienced a devastating tragedy. Parents, caretakers, daycare providers, babysitters, and other child care providers are faced with the constant responsibility to protect their children from bodily harm / personal injury. It is difficult to foresee and prepare for a tragic accident like this one. However, when stories like these are reported, it reminds the rest of us to take some preventative measures such as the basic child proofing of a home. Children should not be allowed to access areas of a home where dangerous objects are located. Although distractions present themselves daily, supervision by parents, day care providers, care givers, or babysitters is one of the best ways to reduce these types of incidents.

This is tragic loss for the family and the community. Most people do not look at the typical television set and see danger; however, it is clearly that any heavy object that is not secured or anchored can cause injuries to a child who has poor safety awareness and judgment.

To read more about this tragic event see 4-year-old Boy Dies After Television Falls on Him.

To read basic ways to protect your children see See 12 Safety Devices to Protect Your Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Five people were arrested in a Vermont home that operated as day care center. Police seized cocaine and marijuana plants from the home operated day care. The day care center's operator, Kelly Vitagliano, was arrested. Vitagliano was ordered to appear in court to answer criminal charges of cocaine possession. The other four people involved with this incident face charges of drug possession and drug sale. Police affidavits detail a three month investigation that led to the seizure of the cocaine and marijuana plants. Vitagliano's day care license has been suspended. The day care center supervised at least four children.

The evidence and affidavits should be reviewed by each side in order to determine how the case will be prosecuted / defended. While there appears to be a good bit of physical evidence to support the charges, each of the Defendants will be entitled to a public defender or a criminal defense attorney as to these charges.

Day care centers should be a place of safety and good supervision for children. Drug dealing or drug use near, and especially in front of, children has dangerous consequences. Day care providers have a legal duty to children under their care to provide for the children's safety and welfare while enrolled in the child care center. Day care providers should take all reasonable efforts to do what is in the best interest of the child.

To read more about this incident see Cocaine and Marijuana Plants Found in Home Operated Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

"Sexting," a relatively new social phenomenon, has left eight Pennsylvania high school students with a felony pornography charge. The age of the Pennsylvania students ranged from ages 13-17. The students were accused of using their cell phones to take, send, or receive nude photos of each other, and, in one case a video of oral sex. Charles Chenot, Perry County District Attorney, stated the requisite acts under Pennsylvania law to be considered a crime is to take a photograph of yourself or someone else and send that photo to a third party. Chenot said he considers sexting a form of child pornography with lifetime consequences, especially if that photo ends up on the Internet.

Chenot said it was the only charge that fit the crime, although he agree a less severe charge that still got the attention of the teens would be adequate. Former U.S. Rep. Don Baily, who represents one of the minors, states a felony pornography charge "is an over-zealous and an inappropriate application of the criminal law."

Unfortunately this incident is an example of when technology surpasses the law. A Pennsylvania bill, which would limit the punishment for sexting, is up for a full floor this month. Many Pennsylvania lawmakers believe reform is needed in order to find an appropriate punishment for the crime.

This case will likely result in a plea deal or trial. Each of the accused are entitled to a criminal law attorney or public defender for representation on and through these criminal proceedings.

To read more about the Pennsylvania sexting incident see Teens Face Felony Pornography Charges as a Result of Sexting.

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

A Texas state inspection revealed that in April 2008, staff workers at Daystar, a center for distressed children 30 miles south of Houston, provoked seven developmentally disabled girls into a fight. The staged fight resulted in biting and bruising as the staff members laughed and cheered on the spectacle. If the fight is not disturbing enough, no criminal indictments were sought against the perpetrators nor did Texas lawmakers press a state agency for answers about how this despicable act could have occurred. Instead, two staffers were quietly fired and their names have been kept secret by the Texas Department of Family and Protective Services (DFPS).

Residential treatment centers, like Daystar, are designed to provide treatment for the most troubled or disabled children taken into foster care. Children in these facilities suffer from serious emotional and/or health issues. Residential treatment centers have received more than $300 million to care for these children.

Day care centers and residential treatment centers exist in order to provide care and safety to children. It is a tragedy when abuse or neglect takes place in these facilities. Taking advantage of abused or disabled children is morally repugnant and offenders should face serious consequences. Children who are abused and neglected are likely to suffer from a lifetime emotional and physical trauma.

To read more about this incident and other incidents of day care abuse see Disabled Teens Forced into a Fight at Treatment Center.

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

Railroad crossings can be quite dangerous especially ones without lights and gates to warn or alert motorist of the approach of a train. There are thousands upon thousands of railroad crossing areas that are not properly equipped with gates and lights. Without such safety precautions and due warning to drivers, deaths and personal injuries related to train / automobile accidents continue to take place in Louisiana and other States. Train industry experts opine that railroad lights and gates are at least 90 percent effective in preventing railroad / train accidents with automobiles. Often times, railroad companies do not take any action until they are required to or until they get some kind of federal or public assistance to fund these basic and necessary railroad safety precautions.

In Independence, Louisiana, 4 family members / siblings were killed in a recent train accident. The railroad accident involved an Amtrak train known as the "City of New Orleans" when it struck the vehicle occupied by the children (ages 18 and younger) at an ungated railroad crossing. The children were identified as Emelia Alfaro (age 18), Eduardo Alfaro (age 16), Joel Alfaro (age 13), and Israel Alfaro (age 12). It was reported that Emelia Alfaro was 7 months pregnant at the time of the train accident. What a tragedy for the parents / grandparents of these children! The incident was reported and investigated in part by the Tangipahoa Parish Sheriff's department.

Due to the incident which resulted in deaths, there will be an investigation by local, state and Federal authorities as to the cause and preventability of this train accident. Of course, the family is not bound or restricted by this investigation. The family has the right to retain its own civil Louisiana personal injury lawyer to handle this matter and conduct its own investigation.

A thorough investigation would include an analysis of the scene, government reports and investigations, photographs, videotape, and an engineering or technical analysis of the incident or accident as well as witness statements.

There may be a legal case to pursue if it can be shown that there was negligence on the part of the train conductor, Amtrak, or other entities that had control over the train or railroad crossing area.

See also Railroad Safety - What Safety Precautions Are Taken? What Safety Precautions Should be Taken? Mother and Two Children Killed by Amtrak Train - No Crossing Arms or Gates and Railroad Injuries and Wrongful Death - What Are My Rights? What Are the Duties of the Railroad Company?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Lithium batteries power small electronics and toys. Unfortunately, there is a risk of choking on these Lithium batteries by small children. Lithium batteries are often referred to as "button batteries". Lithium button batteries or small coin sized batteries can be found in toys, electronic equipment, and household items.

Wrongful death and serious personal injuries to children can result from the swallowing / ingestion of Lithium batters / button batteries. Children are curious and have poor safety awareness. As such, it is foreseeable that a small child or toddler would swallow a button battery. Parents, babysitters, caregivers, and other child care providers should be on the look out for button batteries and other small items that a child could ingest.

You can read more about this topic at Button Batteries / Lithium Batteries Pose Serious Health Risk to Children - Danger of Personal Injuries, Disabilities and Death to Children.

By Kevin Leach, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Spanking a child for disobedience has been used for generations. However, the lines separating child punishment and child abuse are becoming increasingly blurred when spanking is used for child disobedience. For example a Portsmouth woman was recently charged with child abuse when she was observed spanking her 7-year-old daughter with a belt in a parking lot. The spanking resulted in welts on the girl’s body. The lines become even more blurred and enter the realm of criminal charges when the child is injured during a spanking. It is imperative for parents who resort to spanking their children as a form of discipline to use sound judgment when doing so. Parents need to be aware of the amount of force they are using and the amount of pain they are inflicting upon their children. Although spanking receives a higher level of scrutiny today, the lines have become so blurred between what constitutes punishment and what crosses the threshold into abuse. Corporal punishment and spanking can be the basis of a lawsuit or civil cause of action especially when the corporal punishment / spanking is against the law, against school or day care policies, and / or against the instructions or without the consent of the parents. Take for instance a 2006 child abuse case where a father disciplined his child with a belt for acting “unmanly.” After the child complained to a teacher about his back hurting, belt marks were discovered all over his back and lower body. There is a profound difference between spanking your children as a form fo punishment and a violent beating. Alternative forms of punishment are becoming increasingly popular. Instead of spanking their children, parents are resorting to more consistent and humane types of punishment such as taking away their children’s privileges (watching TV, cell phone and vehicle use) or putting them in time-out. The main question with spanking is: When is spanking or corporal punishment excessive and / or abusive to the child? When is spanking no longer punishment but crosses the threshold into child abuse? These are serious legal issues that are unclear and cause a great amount of debate. A child injury lawyer is an extremely helpful resource if you believe a child to be a victim of violent beatings. For more on this issue please see Spanking: Acceptable Form of Punishment or Abuse?

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

A 21-month-old girl was in critical condition on Friday, May 21 after being trapped in a rolled-up car window. However, she is expected to make a full recovery. The toddler’s Mother apparently left the girl and her 3-year-old brother alone in the vehicle while she went into a home. A neighbor observed that the the toddler was trapped and immediately performed CPR on her. It is uncertain how long these two minors were left unattended in the vehicle. The incident remains under investigation.

Children of this age should never be left unattended in a vehicle even for a short period of time due to the dangers. Unattended children in cars are susceptible to many dangerous risks. Among them being suffocation, being subjected to heat exposure, being locked inside the vehicle, kidnapping and in the instant case bodily harm from the vehicle itself. Leaving a child unattended in a vehicle can subject the parent, caregiver, day care provider, or other "responsible" person to charges of
child neglect and/or child injury. If a child has been injured as a result of child abuse or neglect, the parent or guardian may be able to take civil action or legal action against the person / facility who caused the injuries. A child injury lawyer can review the facts and circumstances to determine the appropriate legal cause of action on behalf of the child.

Not only are parents responsible for protecting children from bodily harm or injury, but daycare providers, babysitters, teachers and the like have a heightened responsibility to do so as well. It is imperative to be aware of any incidents of child abuse or neglect because the consequences of such actions are severe and the people engaging in such conduct could be held accountable through a claim or civil action. Furthermore, in some cases, criminal charges are pursued against the negligent child care provider.
If you would like to read more about this incident please see Unattended Toddler Trapped in Car Window, Left in Critical Condition.

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

Fun in the sun might not always be the accurate description for summer. Take for instance the recent tragic drowning of a man while vacationing with his family in Galveston, Texas over Memorial Day Weekend. After their boat capsized during a fishing trip, three members of the family, all of whom were wearing life jackets, survived but the father, who was not wearing a life jacket, was found floating nearby and eventually pronounced dead at the hospital.

Precautions you can take in order to stay safe while on the water:

Stay hydrated. Alcohol consumption in the sun causes serious dehydration. Everyone, especially those consuming alcohol, needs to drink water or non-alchoholic fluids in order to avoid heat exhaustion or, more importantly, a heat stroke.

If you feel tired, REST. Children ranging from kids to young adults like to keep up with their friends. However, if you feel exhausted or observe a tired adult or child, it is imperative breaks are taken to avoid trouble in the water including incidents of drowning; the water has a heightened potential to overpower you.

Shield yourself from the sun. The sun has the capacity to make you tire faster. Cover yourself up with clothing and seek shade for a brief period of time every hour you’re out in enjoying the sun.

Be overly cautious in a surf environment. Avoid going into water with rip currents. This advice may apply even if another swimmer is in trouble or danger. In some situations, the would be rescuer becomes the victim of a drowning. Also, it is advisable to avoid swimming near piers and jetties.

Pay attention to the warning signs surround you. Is there a lifeguard on duty? What does the lifeguard’s colored flag indicate? What is the weather like?

When supervising children at a beach, water way, lake, pond, swimming pool, or other swimming area, you can never be too careful. Pay close attention to children at at all times. It is well known that children often times have poor safety awareness and judgment. This is especially true in areas of water / swimming and boating activities.

Click here for more information on how to stay safe in the sun.

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

Parents hire babysitters to watch and supervise their children. In most instances, the babysitter does a great job and there are no problems during the babysitting job. Unfortunately, there have been many incidents reported in which a babysitter intentionally or accidentally caused harm to a child. In Auburn, Washington, it was reported that a baby sitter has been charged with causing serious personal injuries to a 9 month old child under her care. Law enforcement officials have charged Dotty Reed with the crime of first degree child assault. The charges stem from an incident in which investigators and prosecutors believe that Reed slammed the boy's head on the floor. This act was believed to be done out of frustration. The child was later examined by medical doctors at Seattle Children's Hospital. Medical doctors diagnosed the child with a severe brain injury. It was reported that the mother found this babysitter on Craigs List. For more information regarding this incident, see Washington Babysitter Charged with Crime Following Brain Injury to Child Under Her Care.

Craigslist can be a great way to buy and sell items. It can also be a great way to offer a job and / or to find a job. It should be pointed out that there is no quality control or background checks done by Craigslist with respect to job listings and opportunities.

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 12-year-old drowned in a pond in Bethpage, Tennessee. The 12-year-old, Arthur Hawk Suddarth III, was visiting a friend, Hope Postell, when he went into the small pond to swim. It was reported that Postell said she observed Suddarth go into the pond and not come back up. Hope then went over to a neighbor's house and called 911. Authorities responded to the call of possible drowning around 7:00 PM. A Volunteer Fire Department member was able to recover Suddarth from the pond. Suddarth was later pronounced dead at Sumner Regional Medical Center.

This family and community have suffered a tragic loss. During this time of year water activities are at their peak and when around water, children are at risk of drowning. It only takes a matter of seconds for a child to drown, whether in a pool, lake, ocean, kiddie pool, or small pond. Safety precautions should be taken to either eliminate, reduce, or restrict a child's access to water. Ponds, lakes, and other natural waterways are especially dangerous since the depths are unpredictable, changes in depth vary, and visibility to the bottom even in shallow water can be difficult.

To read more about this accident see 12-year-old Tennessee Boy Drowns in Small Pond.

Also, if you would like to read more safety tips see Facts and Safety Tips Around Pools and Other Areas of Water.

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

Dog bites continue to take place throughout the United States. Unfortunately, children are often times the victim of a dog bite which can cause serious personal injuries and, in some instances, the death of a child. The incidents can take place in the neighborhood, friend's house, or even the very home of the child. People should keep in mind that dog's are animals and can be unpredictable. In San Bernardino, California, it was reported that a 2 year old boy was attacked by a pit bull. The attack resulted in serious child personal injuries including serious neck and head wounds that ultimately caused the death of this child. The victim was identified as Nathan Aguirre. Animal control later seized the dog. For more information on this story, see Dog Attack Kills 2 Year Old Boy.

Are Pit Bulls dangerous dogs? Are children at risk in the presence of any Pit Bull breed? The answer to these questions depends who you ask. Some people believe that Pit Bull breed dogs are dangerous dogs and should not be left unsupervised or unrestrained against children. Pit Bull advocates believe that dogs are like people. If you treat them right, the dog will not be aggressive.

http://www.redlandsdailyfacts.com/sanbernardinocounty/ci_15184828

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, parents and child care givers should refrain from corporal punishment. In many instances, an angry parent or caregiver can get out of control. Tempers combined with poor judgment can lead to serious personal injuries and psychological damage to a child.

In Minneapolis, Minnesota, it was reported that a 6 year old child was whipped by his mothers boyfriend with an extension cord over and over and over again. The man and the mother have been charged with the crime. This all stemmed from the boy allegedly having bad behavior at school. It was reported that the boy had virtually no skin remaining on his back because of this brutal attack. You can read more about this story at Minneapolis police: 6-year-old boy was flogged by mother's boyfriend.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There is a troubling and very dangerous game out there called "Sack Tapping" that boys are playing. The game is no laughing matter because many boys are suffering serious personal injuries to their groins / testicles that require emergency room care and, in some cases, surgery. Sack Tapping is painful, humiliating, and quite dangerous. Has your child been a victim of "Sack Tapping"? If so, there are several actions that you can take to address the problem. First, get your child medical care if needed to make sure that your child's medical needs are addressed. Report the incident to the school and, if the situation warrants it, to the police. If injuries are serious, a parent can seek out a Child Injury Lawyer for consultation and representation. If there was a failure to supervise the aggressive child, then a claim may be brought against the school or other organization charged with supervising the children. In addition, there may be an action against the parents of the aggressive child through a homeowner's insurance policy or through other avenues. If you see children engaged in this dangerous activity known as "Sack Tapping", stop the children and counsel them on the dangers. For more information about this dangerous fad or trend, see ' Sack tapping' - boys punching classmates in the groin - leads to serious injury, amputation.

Special Report: Discipline vs. Child Abuse
Reported by: Ben Russell
Email: benrussell@cbs21.com
Last Update: 5:56 am

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Special Report: Discipline vs. Child Abuse

Being a parent sometimes requires a measure of tough love. But even according to some of the leading law enforcement minds in the state, the line between discipline and abuse is sometimes unclear - specifically when it comes to spanking.

Mimi Duncan, of Harrisburg, loves being a mother.

"Just taking it day by day," Duncan said of her son three-year-old son Dymere. "Everything is new to me."

Duncan said she has never spanked Dymere, but if he does need correction, she lets him know.

"He does get maybe a tap here and there, and there are time outs and stuff like that," Duncan said. "Nothing hardcore though, like beatings or anything like that."

There are many methods of correcting a child by spanking - with a hand, a belt, an extension cord, a wooden spoon, etc. And depending on how they're applied, and the damage inflicted, all of those methods are legal.

Recent studies, including one from Tulane University released last month, show that spanking children around age 3 can make them more aggressive by 5; that parents are essentially teaching kids it's okay to hit.

"Usually we have children not learning good things from spanking," said Harrisburg-area child psychologist Melinda Eash.

Eash said strategies like "time out" are much more effective at stopping unwanted behavior.

Eash's recommendation is that parents who do spank can best avoid harming their children, and an abuse investigation, by getting their own emotions in check.

"In the case of spanking, when parents are hitting their kids out of anger then we start running the risk of crossing the line," Eash said.

"That's, in theory, easier said than done," said Ed Marsico, Dauphin County's District Attorney, who also heads up the Pennsylvania District Attorney's Association. "As a parent, most of the disciplining I do is in anger."

Marsico reviewed Pennsylvania's law that addresses parental corporal punishment and confirmed that, legally speaking, parents are allowed to strike their children.

The law reads as follows:

Parents can use reasonable supervision and control when raising their children.23 Sec. 6302.[Ci.] Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation. 18 Sec. 509.[Cr.]

But reality, Marsico said, is not so black and white. When discipline becomes child abuse is in the eye of the investigator.

"We've prosecuted parents for using two-by-fours to strike their child, for extreme beatings," Marsico said, giving an example of a clear cut case of abuse. "Ultimately it's a common sense approach that we have to take."

Then there are the methods of spanking. Believe it or not, if a parent chooses a belt/switch/ruler over their hand, there's a good chance they're in the clear. It is the damage they inflict that will make the ultimate difference.

For Mimi Duncan, and her son Dymere, that's not a concern.

"It's like maybe a hand tap," Duncan said of the physical discipline she has occasionally doled out to her boy. "And he can probably count on his hands the number of times he's actually had that."

A general rule of them, according to Marsico, is that any discipline resulting in a fracture, bleeding or severe bruising is certainly in the realm of abuse.

And to ensure that Mimi Duncan, or any other parent, never crosses the line from discipline to abuse, focus needs to be put on love. Are you trying to make the child listen, or teach right from wrong? Are you enforcing that you make their decisions, or that they need to make healthy ones?

There are instances, however, when people can be wrongly accused of child abuse. Harrisburg-area attorney Mark Scaringi told CBS 21 News that within the past year his law firm represented a stepfather who was charged with child abuse when he spanked his stepdaughter and left a bruise. Scaringi said the charges were ultimately dropped. And CBS 21 News confirmed with a local district attorney that just because a child develops a bruise, it does not mean that abuse took place.
Copyright 2010 Newport Television LLC All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

http://www.whptv.com/news/local/story/Special-Report-Discipline-vs-Child-Abuse/Sh2o2ZaO8ky7vZMr4vhufA.cspx

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, teachers, day care providers, babysitters and other adults supervising children should always require children to wear bicycle helmets. There should be no exceptions whether the bicycle ride is short or a long one. Serious accidents or injuries can happen right in the child's driveway. It is important for a child to wear a helmet - it is also important for a child to wear a properly fitting helmet. If a child wears a helmet that is loose and does not fit, the helmet may have limited to no effect on preventing serious head injuries and brain injuries. You can read valuable tips about bicycle helmets at Easy Steps to Properly Fit a Bicycle Helmet - National Highway Transportation Safety Administration.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 14-year-old Minnesota boy suffered the loss / amputation of his right right testicle after being injured in a playground game called “Sack Tapping.” Sack Tapping, where a unsuspecting male is punched in the groin area, is becoming increasingly popular in all schools: elementary, junior high and high school.

Although this incident may sound rare, a Minnesota doctor reported he performed three to four surgeries a year because of complications arising groin punching. The doctor also claimed to see a dozen more less severe injuries resulting from the game as well.

Although it is common for children of all ages to tease one another and engage in horseplay, inflicting harm onto another child is never appropriate. The physical and emotional injuries a young male sustains due to what may be a joke or a prank can has serious and life long consequences and injuries. An injured / ruptured testicle results in excruciating physical pain. There is also an extreme amount of emotional / psychological pain that results from such injuries. A boy often times worries about his future manhood and his ability to be a father in the future.

There are a host of legal issues that arise when a child suffers injuries while under the supervision of a day care center, school, neighbor, friend, or other facility including the following:

What supervision was in place at the time of the incident?

Had similar incidents happened in the past?

What actions were taken to prevent the incident from taking place?

What did the adult supervision know about the incident? Prior incident?

Is the school, day care center, summer camp, or other business liable for the injuries?

Who will be responsible for the medical bills?

Is there liability insurance, business insurance, and / or homeowner's insurance that would cover the medical bills, pain and suffering, and other related damages?

Parents as well as school officials have a duty to protect their children. A child injury lawyer can be contacted to discuss the legal rights of a child when there are personal injuries resulting from negligence, lack of supervision, abuse / neglect, and other causes.

You can read more about “Sack Tapping?" at Dangers and Injuries Associated with Sack Tapping.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Duluth, Minnesota City Council recently passed an ordinance by a unanimous vote as to restrictions as to where Level 3 Predatory (Sexual) Offenders can live within the city. The new city ordinance would prohibit these sexual offenders from residing within 2,000 feet of an school, playground or day care center. Ordinances like these make it more difficult for sexual offenders who have been released back into society to find affordable housing. The mission or goal of such ordinances is to protect the safety of children from those who have a history or propensity to victimize children. Of course, not all sexual offenders repeat their crimes. Furthermore, not all sexual offenders victimize children; however, if the ordinances protect children - they make sense. There would be challenges to such ordinances. Passing new laws is not always easy or popular. Keeping children safe with new laws or other actions simply makes sense. See Duluth City Council passes ordinance limiting where sex offenders can live

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

In Alabama and other States, trust is a vital component of placing a child in a day care center. If a parent has concerns or lacks the trust of a day care center or child care provider, a parent may consider changing day care centers. Many parents rely on faith based or church day care centers to provide child care during working hours. In Alabama and Other States, the government regulations for a church day care center may differ from a commercial (non faith based) day care center. For instance, background checks may not be required if the day care center is connected to or affiliated with a church. While background checks do not automatically make a day care center safe and free from dangers, background checks do help weed out sexual predators and others with a criminal background who may pose a danger or risk to children. When selecting a day care center, ask if the day care center performs background checks and also ask to see the licensing and survey documentation for the facility. You can read more about this topic at Day Care Dangers - Alabama - Faith Based Day Care Centers and Exemptions from State Regulations.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When a child is on a bicycle, tricycle, skateboard, or other riding object, a helmet should always be worn. Whether it is just for a short ride in the driveway or a longer ride, children should always wear a helmet. It has been reported that approximately 135 lose their lives from bicycle related injuries every year. Over 260,000 bicycle injuries are also reported annually. Many injuries can be reduced or prevented with the proper and consistent use of a bicycle helmet. Parents, babysitters, teachers, day care providers, and coaches should make sure that children wear helmets. Don't make any exceptions to this most important safety rule for children. See Bicycle Helmets Reduce Injuries - Proper Uses and Wearing of Bicycle Helmets.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Dog bites can cause serious personal injuries to children and, in some instances, the tragic wrongful death of a child. These incidents can even take place at home with a family dog with no history of aggressiveness or dog bites. In Indianapolis, Indiana, a 9 year old girl suffered serious personal injuries as a result of being mauled / bitten by a Pit Bull breed dog. As the girl was letting the dog outside, the Pit Bull breed dog jumped on her and bit her around the neck while violently wrestling her to the floor. The child sustained serious personal injuries to her neck and trachea. After the vicious attack, the Pit Bull breed dog was quarantined at a local animal hospital.

Pit Bull breed dog attacks, similar to the one here, are not uncommon. These types of attacks raise several legal issues:

What safety precautions were put in place to protect the child?

Was this the first incident of violence by the Pit Bull dog?

Has animal control been called before regarding the same animal?

Parents have a duty to protect their children from harm. Although a dog is a household pet it is still an animal and can snap at any time. Safety precautions should always be taken and one should always be aware of an animal’s behavior. Of course, some dog attacks cannot be predicted and can happen in a matter of seconds. When possible, children should be protected from dog bite attacks and dangerous dogs should be turned over to animal control or otherwise secured in a location away from children.

You can read more about this story at 9-year-old Girl in Serious Condition After Being Mauled by a Pit Bull.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children often times are injured in their very own backyards as well as the backyards of neighbors and friends. Homeowners and parents can take safety measures to reduce the number of hazards and risks to children playing in the backyard. Child safety should be a priority.

Here are some basic safety tips that can be implemented to help prevent child personal injuries from taking place in the backyard:

Pools. Put a fence around the pool. Limit access to the pool area. Supervise children any time they are in or near the pool area. Clean the space in and around the pool area from debris, tools, and other objects. Also make sure that all items in and around the pool are in good repair.

Potted Plants and Related Items. Keep hanging plants and heavy plants out of the reach and the control of the child. Remove and lock up all pesticides and chemicals.

Lighting in Backyard. Install motion sensors and good lighting so that children and others can see when in the backyard at night.

Fences. Make sure that fences are in good repair and that locks and latches are functional and well maintained. Check for any exposed nails and sharp objects on the fence and make sure that repairs and / or replacements are made.

Stairs and Railing. Make sure all stairs and railings are well maintained and free from mold, mildew and algae. Make sure stairs and railing are sturdy and free from any obvious or hidden dangers.

You can read other safety tips at Keeping the Backyard Safe - Preventing Child Personal Injuries.

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

In South Carolina and other States, you can go to prison if you injure a child in an automobile accident. It was reported that a Spartansburg, South Carolina man was sentenced to 10 years in prison for an automobile accident that caused serious personal injuries to a 10 year old child. The man admitted in criminal proceedings that he was drunk at the time of the crash that caused critical injuries.

Donald G. Barklage, age 46, pled guilty to the criminal charges of DUI (driving under the influence) causing bodily injury. The 12 year old child suffered a permanent eye personal injury as a result of this South Carolina automobile accident. You can read more about this story at Man Sentenced to 10 Year Prison Term for Automobile Accident that Caused Child Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Playgrounds are a great place for kids to be active and spend time with families and friends. Unfortunately, some playgrounds are the sites of serious personal injuries and tragedy. Some incidents are pure accidents that could not be expected or prevented while other incidents were preventable with good supervision and proper maintenance of the playground. According to the Consumer Product Safety Commission, over 200,000 children suffer injuries from hazards in playground every year. Many children are treated in hospital emergency rooms. Some injuries are serious enough to require surgery and an extended hospital admission. There are some basic steps and safety precautions that can be taken by and for children on playgrounds that can help prevent or reduce the incidents of child personal injuries including the following:

Make sure that there is sufficient space on a playground around the equipment in case a child falls. Obstructions and hazards should be removed.

Make sure that children are not wearing jewelry or clothing that might snag or cause of choking hazard.

Make sure that playground equipment is kept in good repair including all platforms, railings, and other protective equipment.

Make sure that the equipment is not overloaded or crowded but is properly spread out.

Make sure that playground is free of debris, garbage, broken glass and other hazards.

Make sure that there is ongoing and consistent supervision during play on a playground. A child can get injured even with the newest and safest playground equipment.

Make sure that the playground equipment is free from sharp, jagged edges, or splinters or other conditions that could cause injury, lacerations, and / or cuts.

You can read more about these playground safety tips and others at Dangers of Playgrounds and Safety Tips for the Protection of Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents face a dilemma as to child care - keep the child at home or put the child into day care. When making this decision, it may be helpful for parents to consider studies conducted as to the benefits, detriments, and risks associated with day care for children. The National Institute of Child Health and Human Development conducted a study to determine the effects (good, bad, or indifferent) of having a child placed in a day care setting or environment. Some parents have no other choice but to go the day care route. Others do have a choice. Either way, it may be helpful to review this story to learn more about the effects of day care. See Is Day Care Damaging to Children?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Summer is a great time for kids to play and have fun. Usually, summer time is filled with great memories. Unfortunately, some children in past summers and this summer as well will have memories of personal injuries suffered over the summer. There are actions that can be taken to help prevent or at least reduce the number of child personal injuries.

Common activities that involve personal injuries to children include the following

Boating, Jet Ski, and Personal Water Craft Personal Injuries;

Severe / Bad Weather / Lightning Personal Injuries;

Leaving Children Unsupervised at Home (Personal Injuries at Home);

Insect Bite Personal Injuries;

Sun Exposure Personal Injuries;

Playground Personal Injuries;

Automobile Accidents / Bicycle Accidents / Pedestrian Accidents - Personal Injuries;

Drownings - Personal Injuries and Deaths;

Poison Related Personal Injuries; and

Head Injuries / Brain Injuries / Personal Injures.

You can read about how children are injured during the above activities along with safety tips to reduce or prevent the incidents of injuries at Keeping Children Safe Over the Summer.