Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

QuaKeita Anderson, a former investigator for the Florida Department of Children and Families, has been arrested on charges of misconduct and falsification of child-protective records that contributes to great bodily harm. According to a Florida DCF spokeswoman, the investigation found Anderson lied about visiting a home and conducting a report where child abuse had been reported. She also never conducted interviews with the family. Her actions led to further physical abuse against the child, alleges the spokeswoman.

The 27-year-old, Anderson, began working for DCF in 2007. She resigned on January 14, 2010; DCF had already started its investigation. Anderson is currently being held in jail on a $100,000 bail with a pretrial set for Saturday, July 24. Although it is unknown whether or not she has retained a Florida criminal defense attorney or Florida public defender, Anderson is entitled to legal representation for these serious criminal charges If you would like to read more on this story see Florida DCF investigates a former employee.

Continue reading " Florida Child Welfare Investigator Arrested for Allegedly Lying about Home and Child Checks " »

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Participating in youth sports is a great way for children to learn sportsmanship and the importance of exercise. However, it must be noted that dangers and risk of injury will always be present if your child does decide to participate in athletic sports.

Here are some precautionary measures to minimize injury risks to your children and better protect them:

1. Use the appropriate equipment for the sport.
Get the proper equipment and make sure any athletic gear fits appropriately. Proper equipment for each sport will usually bear a seal of approval by the respective organizations in charge of the sport. It is also important that you take good care of any sports equipment, this will ensure the equipment's effectiveness and increase the safety for your child.

2. Check the play area.
Inspect the area where your child intends on playing. You should check for cracks, protrusions, ruts, holes, pebbles/sticks/rocks or other obstacles that can cause you child to trip, fall or sustain another type of injury.

3. An adult should always supervise the sport.
A qualified adult should always supervise the sport being played. Make sure your child joins a team whose safety precautions coincide with your own. Make sure your child's coach is experienced and has a significant knowledge in first aid.

4. Make sure your kid is ready to play.
Your child should be matched with the sport he is physically capable of playing. Your child should also know the mechanics of the sport before he or she steps out onto the field ready to play. Warming-up is an important process in participating in sports, it decreases the chance of pulling a muscle or sustaining other injuries.

To read more on this topic see Safety Tips for Children in sports.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Texting is becoming an increadingly used tool in dating violence. Text messages are used to harass, track and intimidate current or ex- boyfriend and girlfriends. The use of text messages as a weapon in dating violence is a double-edge sword; the messages are concrete proof in court that dating violence has occurred but can also be kept private for a lot longer. Back in the day, the typical home had only one phone in the entire house. Today, is it not uncommon for each family member to have his or her own cell phone, thus, making easier for children and teenagers to hide the threatening and harassing texts. Other acts of abuse include location tracking by a partner, significant other, or boyfriend / girlfriend. These are multiple texts sent throughout the day demanding to know your whereabouts, who you are with, etc. For example, there was a case where a woman in her 20s was so closely tracked by her boyfriend that he demanded her to take photographs with her phone to prove her whereabouts, the photos were accompanied with a time and date stamp.

Another reason why there is so much under-reporting of textual harassment, other than the private nature of cell phones, is that many teens do not view excessive text messaging as abusive. However, if you are getting 50 text messages per day that are all unwanted, there is a problem, suggests an executive director of Break the Cycle, an organization that works to end dating violence. If you would like to read more on this topic see Text messaging becomes a useful tool in dating violence.

State legislatures are in the process of pushing legislation to encourage, rather than require, schools to teach and inform its students on the topic of textual harassment. Abusive texts can come in the form of text messaging, e-mails and messages sent over social networking sites such as Facebook and MySpace. If you are getting unwanted text messages you should inform someone close to you about the abuse. Making the matter somewhat public can aid in stopping the abuse.

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

A 6-month-old baby girl, identified as Gianna Ricciutti, was killed and her mother injured by a falling tree branch at New York's Central Park Zoo. According to police, the mother was posing with her baby in front of the zoo's sea lion exhibit while her husband was taking a picture of them when a tree branch fell and hit the two victims. The mother and infant were taken to New York-Presbyterian/Weill Cornell Medical Center, where the infant was pronounced dead and the mother in stable condition.

Surprisingly, this is not the first death of the year caused by falling tree branches in Central Park. In February, a 46-year-old man was killed when a branch heavy with snow broke from the tree and hit him. Also, in July 2009, a Google engineer was knocked unconscious after a rotted tree branch fell and hit him on the head. If you would like more information on this story please see Falling branch at New York's Central Park Zoo kills infant.

The death of this child is a tragedy for her family and the community. Hopefully this recent death will prompt the zoo to take action and implement a new plan that requires zoo workers or other employees to care for and maintain the site in order to provide a safer environment for visitors.

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

A tram accident at the Six Flags Discovery Kingdom theme park in Vallejo, California left 3 injured. Nancy Chan, a Six Flags spokeswoman, told local reporters that the tram was transporting guests to the parking lot when it was struck by a swinging metal gate. Apparently, a guest inadvertently pushed the gate causing it to swing and hit the tram. A 34-year-old man suffered from a protruding injury to his leg and a two-year-old girl had a laceration to her stomach. The third victim, an adult woman, only suffered minor injuries. The 34-year-old man was airlifted to UC Davis Medical and the two-year-old child was airlifted to Kaiser in Vallejo and later taken to Children's Hospital in Oakland. Bill Tweety, a spokesman with Vallejo Fire, stated both victims are still believed to be in serious condition. If you would like to read more on this story please see Three injured at Six Flags amusement park in California.

These accidents are very unfortunate for both the families and loved ones of the victims. Hopefully, the two victims in serious condition make a full and speedy recovery. Amusement parks are fun and exciting environments, however, the potential of danger is alwayspresent. Park guests should follow the rules and guidelines of the theme park and not wander into any authorized areas so as to minimize the risk of injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Hanover man, Raymond Messinger, 46, was arrested on allegations that he sexually molested 3 children. The children, an eight-year-old girl and two seven-year-old girls, were enrolled at Bretzman Daycare Center, where Messinger was a volunteer and the alleged abuse took place. On May 28, police received information from Adams County Children and Youth Services and immediately started an investigation. Messinger was removed from the daycare facility the following business day. A separate and independent investigation is being conducted on the daycare by the state Department of Public Welfare.

The police are also looking into whether or not the owner of the facility properly notified parents of the suspected abuse. Messinger has rented an apartment from the owner and had also cleared the required background screenings. The owner's residence, which served has the site for the daycare, was properly licensed with the state.

During an interview with investigators, Messinger admitted to the allegations of abuse. He faces up to 126 years in prison if convicted on all charges. If you would like to read more on this story see Daycare volunteer arrested on allegations that he sexually abused 3 children enrolled in the daycare.

Sexual abuse inflicted upon minors may result in a lifetime of physical and emotional trauma. If you suspect any type of abuse you should contact your local law enforcement authorities. Contacting local authorities will prompt a criminal investigation into the matter and have the effect of stopping the abuse.

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

The number one cause of injury-related death in New York City is motor vehicle accidents. According to annual reports released by the State of New York Department of Health, 1,535 children died in New York City, of those 445 deaths were caused by injuries and 106 were killed by motor vehicles. The overwhelming majority of children killed by motor vehicles were walking at the time they were fatally struck, the others were riding bicycles or scooters. Although New York automobile accidents seem to be the cause of injury-related death to New York City children, the state's number of deaths is relatively low when compared to the national average. In fact, New York City has just 1/3 of the transportation-related child fatalities that the nation's average has. The primary reason being that so many New Yorkers rely on public transportation. Therefore, the public transportation system in New York City keeps children safer from automobile accidents than they otherwise would be.

The New York health department also offered ways to keep the state's children safe:
1. Stronger enforcement of traffic violations.
2. Install cameras and allow the cameras to enforce the speeding laws on dangerous speeds.
3. Install convex mirrors on truck to provide better visibility.
4. Better installment of child car seats.

If you would like to read more on this report and see a statistical pie chart of the report's finding see Automobile-related injuries remain the number one cause of death to New York City children.

Automobile accidents can result in serious injury and sometimes death. Drivers should always pay attention to the road, be aware of their surroundings, keep distractions to a minimum (e.g., by avoiding cell phone use while driving) and wear safety belts. Increased driver awareness will keep children safer and, hopefully, prevent more automobile-related child fatalities from occurring.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

As parents head off to work and school this summer they leave their children in the care of daycare providers. Below is safety and health suggestion parents should look for in daycare facilities.

- Supervision:
Constant and competent supervision is a must for ensuring the safety of children. Children are inherently curious and do not always appreciate the dangerousness of their surroundings. Children have a tendency to climb on chairs or tables and put items in their mouths that they could potentially choke on. The degree of supervision may correlate with the type of activity the children are engaged in. For example, when participating in field trips or water activities, additional supervision may be required or the staff members may need to be CPR certified. Ask if the potential daycare has CPR trained staff and what plans the center implements when on a field trip.

-Maintenance of Playground Equipment and Environment:
Playground equipment may provide a fun environment but the devices themselves can be dangerous. Playground or daycare equipment should be checked daily for any broken areas or sharp edges. Play areas should also be sanitized and free of any chemicals and toxins. You should ask you potential daycare provider how the center ensures the safety of its playground equipment and overall environment.

-Sanitation and Illness:
Germ spreading is inevitable among children, therefore, daycare centers should implement illness plans for parents and staff to follow to reduce the spread of illnesses. Employees should practice regular hygiene practices such as frequent hand washing. The daycare center should also keep the furniture and other equipment clean. Inspect the surroundings of your potential daycare facility for cleanliness.

Recently, state legislatures have been making it tougher for daycare facilities to obtain licenses. As a result, the legislatures hope to make daycare centers safer havens for children. To read more on this topic see Daycare Safety Checklist for Parents.

Also, if you would like more information regarding the new stricter licensing requirements see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

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

Sheri Lyn Davis, a former Houston Charter School teacher, was formally charged with causing injury to a child for the April beating of a student in Davis' classroom, while a fellow faculty member watched. Two of the school's administrators, Principal David Jones and Superintendent Ollie Hilliard, and the other teacher, Gabriel Moseley, were indicted for neglecting to report abuse. The incident was captured on a student's cell phone. The recording led to the firing of both teachers, Davis and Moseley. According to authorities, Davis, 40, repeatedly pummeled and kicked the victim, Isaiah Reagins, a 13-year-old child, after Reagins allegedly laughed at a mentally challenged student. The video recording shows Davis continuously slapping and kicking Reagins. If convicted, Jones, Hilliard, and Moseley could face up to one year in jail; Davis could get anywhere from 2-10 years in prison.

As to the indictments against the Jones, Hilliard, and Moseley, Christina Garza, a Harris County Sheriff's spokesperson, said the message the department is trying to do send is to report any incidents of violence - especially one involving a student being kicked and slapped. The failure to do so is a crime. To read more on this story and to see actual footage of the recording see Houston Charter School teacher beats student, caught on tape.

School officials have a responsibility to protect the children attending their schools. Physical abuse upon a child should never be condoned or not taken seriously. If you have suspicions child abuse you should immediately report them to authorities so a criminal investigation can be pursued.

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

A church bus crashed and rolled onto Interstate 35 in Franklin County, Missouri, injuring nine children. The victims ranged in age from 8-17, three of which suffered critical injuries. One child was flown to Children's Mercy Hospital in Kansas City, Missouri and the other two were taken by ambulance. Five other children suffered from serious injuries, said authorities.

According to Franklin County Sheriff Jeff Curry, the bus went into the center median, came back onto the road, turned over onto the driver's side and eventually came to a stop blocking the right lane of traffic. Neil Stanley, Kansas Highway Patrol Trooper, said a total of 34 people were on the bus: 29 children, 4 teenage counselors and 1 adult driver. Ann Marie King, 42, the adult bus driver, had the proper license to be operating the church bus.

Stanley said the cause of the crash is unknown. If you would like more details on the accident and the names of the injured children see Church bus rolls over in Missouri.

Hopefully all the injured children in this accident make a full and speedy recovery. Roads, highways and interstates can be very dangerous. Drivers need to stay attentive and avoid distractions while on the road; avoid texting or talking on a cell phone, wear your seat belt, do not speed and always be aware of your surroundings. Obeying traffic rules will decrease the chances of having an accident and make roads a safer place for transporting children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A school district is Massachusetts implemented a new school policy that makes condoms available to all students, including elementary students. Peter Grosso, Provincetown School Board Chairman, explained that because there is no set age for when children decide to become sexually active, the committee refrained from setting an age for condom availability. Under the policy, a student who requests a condom from a school nurse must receive counseling first, which includes information on abstinence; the policy does require the parents to be contacted. The policy was approved by Provincetown's school committee on June 10 and will take effect in the fall. The policy is receiving widespread criticisms. For example, Kris Mineau, president of the conservative Massachusetts Family Institute, called the idea absurd. To read more on this story see Massachusetts School District receives criticisms for new condom policy.

Sex education is important - children need to be counseled on the dangers of sexually transmitted viruses and pregnancy risks. Parents and school boards or committees should work together on formulating programs to educate children about the consequences of sexual activity. If a compromise can be met between the conflicting views, our children can be taught and an adequate and important lesson without offending the views and beliefs of their parents. Of course, there are many parents who believe that sex education is best taught in the home or through a private counselor or a church / other religious institution.

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

Cody Sartin, a suspect in the killing of his ex-girlfriend's 3-year-old boy, Jace Burgess, was arrested and charged with first degree murder by Tulsa County prosecutors. Jace suffered serious personal injuries and was rushed to a hospital with a massive brain injury. According to officers, the child also had several bruises covering his entire body: shoulders, thighs, forehead, chin and a broken toe. Jace died as a result of the massive brain injury. Investigators believe that Sartin was babysitting Jace when the injury occurred; however, Sartin claims the injury was an accident.

Court records reveal that Jace's mother filed a protective order against Sartin after Jace's hospitalization. Jace's mother claimed that Sartin was the only person with Jace when the injury occurred. She also claimed that Jace had previously complained of being shaken by Sartin and told his mother that he had "accidents" while in Sartin's care. She also told authorities that Jace had new bruises on his body that were not present early that evening when she gave the child a bath.

Sartin had two other protective orders filed against him by two different women. A court document revealed that Sartin's ex-fiancee and her roommate accused Sartin of threatening their lives, saying "their days were numbered." Sartin also had another protective order against him by a different woman 2003, but the order has since expired. To read more about this topic see Oklahoma man charged with first-degree murder for the death of his ex-girlfriend's 3-year-old son.

The death of this young boy is a tragedy for the family and community. Sartin is innocent until proven guilty and has a right to a criminal attorney and speedy trial. Physical abuse upon a child is a horrific offense and any perpetrator is reprehensible. Suspicions of abuse should be reported to authorities immediately so a criminal investigation can ensue.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Taneshea Young, former owner of a Paducah child care center, has been scheduled for trials in state and federal court. During a hearing in McCracken District court, Young's attorney asked that his client's abuse case be tried after the September 13 federal trial. The motion was granted by judge Tony Kitchen, the state abuse trial is set for September 24. In state court, Young will defend against a third-degree abuse charge. The charges were filed against Young after employees of an automobile dealership found a 3-year-old sleeping in a Children's Creative Learning Center van, which was brought in for service. The federal trial involves charges of mail fraud. To read more on this story see Former daycare owner scheduled for trial in state and federal court.

The dangers of leaving a child in a vehicle are tantamount, the child can suffer from a heat stroke (hyperthermia) resulting in permanent disability or death. Daycare providers have a critical responsibility to care for the children in their custody. Daycare centers should be safe havens for children, because parents have entrusted the center to care for their children. State legislatures are creating new laws to make is more difficult for a daycare center to obtain a license. The new laws also create stricter screening procedures for the prospective daycare workers. To read more about the stricter screening procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers. To read more on the dangers of hyperthermia see Hot Temperatures and Cars - Be Aware of the Dangers to Children.

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

A 30-year-old woman and 52-year-old man were arrested in Ypsilanti, Michigan after authorities found the couple pushing a baby stroller holding two young boys with containers of alcohol and a bayonet inside the stroller. A statement by police said that police were called after the woman was observed trying to remove a bicycle off of a porch at 1:30 a.m, Friday, July 2. The two boys were 1-year and 4-years-old. The officers described the weapon as a "double-edged bayonet." the children were turned over to a relative and charges are pending. To read more on this story see Drunken couple arrested, alcohol and a bayonet were found inside the couple's stroller.

Alcohol affects the portions of the brain that control judgment. A principal effect of alcohol is to slow brain activity, resulting in slurred speech, slowed reaction time, blurry or impaired vision and hazy thinking. Children should be in the care of responsible, competent adults and should never be around weapons of any sort. If you keep dangerous weapons in your home or have license to carry them, you need to ensure these weapons are completely inaccessible to children. Children are very vulnerable and adults, parents, caretakers, daycare providers, etc. have the duty to protect children from harm - constant, alert and competent supervision without impaired senses is a must.

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

Swimming accidents left three people dead, as a result of drowning, across the State of New York on Saturday, July 3. Fajir Javid, 9, of New York City had been camping at the Willington Lake Campground in Willington, New York with her family, other children and adults involved in a scouting organization. Javid was swimming with adults and other children when one of them noticed her missing. Adults immediately began searching for Javid while others called police. About 45 minutes after the Willington Fire Department and emergency divers arrived, Javid was found. Javid was located in about 10 feet of water, 25-30 feet off shore. The girl was taken to Johnson Memorial Hospital, where she was pronounced dead. Ursula Lerse, 85, a resident of New Milford, New York, drowned while swimming in Candlewood Lake. Lerse was found by a firefighter about 20 feet from shore. Juan C. Lopez of Jamaica, New York drowned while swimming at Bull's Bridge. You can read more about this at 3 New York residents drown over holiday weekend.

These deaths are unfortunate for the families and the communities of the drowning victims. Summer time is in full effect and more people are frequenting community pools or area beaches, rivers, or lakes. Although water activities are fun, they are also inherently dangerous. Not only should children be careful while swimming, but adults needs to appreciate the dangers as well. Regardless of distractions, parents or caretakers should always watch their children. Adults need to take precautions as well - although adults may be experienced swimmers, they too can be overtaken by fatigue or rough currents. You can read some suggested safety tips at Water Safety Tips for Kids and Parents.

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

A Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see Kansas daycare center loses license because of harsh punishments on children.

The method of punishment employed on disobedient children is generally a parental or caretaker's decision. However, parents, caretakers, daycare providers and babysitters need to be careful not to cross the line between punishment and physical abuse. Physical abuse upon children can result in a lifetime of physical and emotional injuries for the abuse victims. State legislatures are creating state laws that will require stricter screening procedures for the daycare workers and the licensing of the center. To read more about the stricter screen procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

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

In Virginia and other states, the summer heat poses a particularly dangerous risk to children. A child left unattended in a vehicle is at risk for serious personal injuries including death from hyperthermia, heat stroke, and other causes. Parents, day care providers, teachers, bus drivers, and others should never leave a child unattended on a vehicle for any period of time. Children lack safety awareness. This is especially true for elementary school and day care children. Schools, day care centers, and summer camps should have a policy / procedure, checklist, and a check / balance system to make sure that no children is left unattended or alone in a school bus, van, or other vehicle. Setting policies and following policies will save lives. Taking shortcuts or relying on pure memory and attention can lead to serious personal injuries to children. In Richmond, Virginia, officials are investigating an incident in which a five year child was forgotten or left on the a bus. The student was supposed to be taken to Summer Hill Elementary School. It was reported that the driver as a substitute driver who failed to or forgot to check the bus when it was parked. This was a policy in place for the school district. It is great to have policies. It is also important to train drivers on these policies and for the policies to be followed. You can read more about this story at Richmond Prosecutors and Police Investigate School Bus Incident.

For other articles on this issue, see also Greensboro, North Carolina Day Care Owner Sentenced for Hyperthermia Death of Child and Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

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

Although school has been out for only one month, there have been two, fatal drownings at local apartment complexes in Lawrenceville, Georgia. One victim, was a unidentified 4-year-old girl who drowned on Father's Day. The girl was pulled from the Durant at Sugarloaf Apartments' pool during the holiday evening. Firefighters were unable to resuscitate the child despite performing CPR on the way to the hospital. The other victim, a 7-year-old child, was found unconscious in the Amli McGinnis Ferry apartment complex pool. In 2006, the fire department responded to 28 near-drowning incidents.

Here are safety tips you and your family should take if you plan on doing water activites:

Swimming Pools
- Know where your child is at at all times.
- If you own a pool and your child is missing, check the pool first then search other areas.
- Surround your pool with a security fence.
- Never leave toys in or around pools that will attract children.
- Avoid using alcohol prior to or during swimming activities.
- Do not depend on floaties and rafts as life-saving equipment.

Water Parks
- Stay with your group or use the buddy system.
- Always slide face up and feet first.
- Follow all rules on posted signs and directions given by lifeguards.

Beach or Lake
- Watch out for drop offs and rip currents.
- Avoid rock formations and embankments.
- Wear protective footwear.
- Always use the buddy system.
- Swim only in areas where a lifeguard is on duty.

For more safety tips see Water Safety Tips.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 2-year-old was left at the Lousiville Zoo during a field trip by the toddler's daycare center. While state agencies investigate the incident, Kids Kozy Korner is banned from taking field trips. Although police say it is unclear how the child became separated from the group, they could confirm a zoo employee found the toddler alone near the entrance of the zoo and was forgotten by the daycare. Police also said it took nearly two hours to locate the daycare after they found the child. Mark Zoeller, assistant director of the Louisville Zoo, said the zoo gives out bracelets for kids to wears with space for adults to write contact information in the event a child does happen to become separated from his or her supervisor. The toddler was not wearing bracelet when she was found. After the incident, the employees who worked the field trip were fired, said another employee at the daycare. To read more on this story see Toddler left at Kentucky zoo by daycare.

Parents, adults, caretakers, babysitters, daycare workers, etc. all have duty to supervise and protect their children. Although field trips can be hectic, daycare staff should be efficiently trained and always have plan to identify children. A buddy system is a great practice to implement to ensure the whereabouts of children.

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

A two-year-old boy was shot and killed by an accidental gun shot in Henderson, North Carolina. The child was taken to Maria Parnham Hospital where he was pronounced dead. Investigators believe the child, Timothy Atwater Jr., took the unsecured handgun from a countertop when the weapon fired. A North Carolina Department of Health and Human Services website indicates the address, 491 Daniel Harris Road, where the accident occurred, is the location of a daycare center. Initial reports from 9-1-1 dispatchers also state the shooting took place at a daycare center. However, this has not been confirmed by investigators. The case is still under investigation by the sheriff's office and Medical Examiner's office. To read more on this story see 2-year-old dies from accidental shooting at daycare center.

This is an unfortunate time for the parents of the child and the community. Daycare centers should be safe havens for children. Guns should be locked and secured in areas that are completely inaccessible by children, not laying on a countertop.

Daycare providers have a duty to protect the children in their custody. Only mature adults
should take on the heavy responsibility of running a daycare facility. To ensure daycares are safe facilities for children, Some state legislatures are creating stricter screening procedures for both the daycare centers and its workers. To read about these stricter procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

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

Christian Jaramillo, a 27-year-old man of Danbury, Connecticut was charged with risk of injury to a child. Jaramillo was baby sitting his 5-year-old cousin when he was arrested. According to police reports, the child was found by a passer-by wandering the streets alone. Because the passer-by could not find an adult with the child, she took the 5-year-old to the police station. Police determined the child's mother was working and left the child with Jaramillo. Jaramillo was charged and released on a $1,000 bond. To read more on this story see Babysitter charged with risk of injury to a child.

Babysitters have duty to supervise and protect the children under their custody. Luckily, this child was not kidnapped or killed by a passing vehicle. Parents should select babysitters carefully. Although parents may be inclined to choose family members to watch over their children, parents should ensure their babysitter is responsible and mature. It is also wise to obtain a babysitter who is certified in CPR in the event of an emergency. Children are the most vulnerable in our society, it is our duty as adults, parents, babysitters, caretakers, daycare providers, etc. to supervise and protect children from harm.

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

Summertime in the south can be overwhelmingly hot. It is common for temperatures to reach well into the 90s with a heat index above 100 degrees. As the temperatures increase, the Louisiana Department of Social Services wanted to remind its residents of the dangers about leaving children unattended in automobiles--it can be deadly. Between 1989 and 2010, Louisiana DSS reported 16 children who have died as a result of heat stroke, otherwise known as hyperthermia.

Fourteen states have laws against leaving children unattended in vehicles, Louisiana is among them. First time offenders face a net fine up to $500 or imprisonment of up to 6 months, or both. Repeat offenders face net fines between $1000 and $5000, or jail time not less than 1 year or more than 2 years, or both. If you see a child unattended a car, contact local law enforcement authorities or 9-1-1.

The National Highway Traffic Safety Administration offers the following safety tips:

1. Teach children not to play in, on, or around vehicles.
2. Never leave a child unattended in a vehicle. Never.
3. Lock all unattended vehicles.
4. Check your vehicle before locking it. Make sure to look for sleeping children.
5. Do things to remind yourself that a child is in the vehicle; write yourself a note or place bags and other personal items in the backseat where the child is located.

To get more tips see Child Hyperthermia.

Also, if you would like to read more on hyperthermia see Hot Temperatures and Cars - Be Aware of the Dangers to Children.

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

On June 17, the Supreme Court of California ruled a homeowner accused of negligently failing to supervise her son, thus enabling him to repeatedly molest a child at the mother's home, may be entitled to coverage under her homeowner's insurance policy. The California high court's decision was unanimous and the court reasoned that because the mother and son were separately insured under the policy, the claim against the mother might be recovered, even though the "intentional acts" exclusion provision of the policy clearly precluded coverage for the claim against the son.

In 2003, Scott Minkler alleged he had been repeatedly molested over a period of several years by his Little League coach, David Schwartz. Minkler accused Betty Schwartz, David's mother, of having knowledge of the abuse but did nothing to stop it. The Shwartzes were covered by Safeco Insurance Co. with Betty as the named insured and David as the additional insured. After Minkler obtained a default judgment against Betty for more than $5 million, she entered into a settlement with Minkler and assigned her claims against Safeco to Minkler.

The California Supreme Court said the language of the policy was ambiguous and thus had to be interpreted in line with the reasonable expectations of the insured. Justice Marvin Baxter, writing for the high court, said Betty could not have reasonably understood the narrowing of her coverage by allowing her son to live with her. To read more on this topic see California Supreme Court rules homeowner's insurance should cover negligent acts.

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

Joshua J. Werner, a 25-year-old Wisconsin man, was sentenced in Wood County Circuit Court to 1 ½ years in prison and another 7 ½ years for second-degree reckless injury of a child. Wood County Judge, James Mason, imposed the maximum sentence upon Werner as well as 7 years of extended supervision. Werner was convicted of what some experts determined as the worst case of physical child abuse they had seen. Werner was convicted of physically abusing his, now, 2-year-old daughter. According to the criminal complaint filed on August 18, 2008, the child was admitted with a broken leg to Riverview Hospital where official contacted authorities about the possible child abuse of the baby. The infant was then transferred to the Children’s Hospital of Wisconsin in Milwaukee. There, doctors found more broken bones; specifically, 20 broken ribs, broken collarbone, leg, finger, toe and vertebrae fractures. The mother of the child, Nancy Hetze-Werner, 32, initially told authorities that a dog was responsible for the child’s injuries. However, she later admitted that the infant had been alone with Werner. Werner’s defense attorney, Richard Bender, argued Werner’s own experience with childhood abuse, coupled with an IQ in the 65 to 75 range compromised Werner’s judgment and emotional control. To read more about this article see Wisconsin man will serve 9 years in prison for physically abusing his infant daughter.

Fortunately, this child was not killed by the brutal attack she endured. However, this girl may face a lifetime of physical and emotional stress as a result of the attack. Child abuse and neglect should be reported immediately to authorities so a criminal investigation can pursued as quick as possible.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Caldwell, Idaho man, Bryan Sears, will serve at least 3 years before he is eligible for parole repeated acts of abuse on a 2-year-old child. Sears was sentenced to 10 years in prison, ordered to have no contact with the victim, and pay the victim a $5,000 civil penalty. The twenty-six-year-old man pleaded guilty to felony injury to a child and admitted to injuring his girlfriend's child over a 6-month span. The abuse caused the child to be hospitalized in December for more than a month with an injured pancreas. To read more about this story see Idaho man sentenced to 10 years after repeated abuse on 2-year-old.

Child abuse is a heinous offense. People who abuse children fail to realize the physical and emotional injuries inflicted upon the child at the time of the abuse and years thereafter. If you suspect an incident of child abuse contact local law enforcement authorities as soon as possible so a criminal investigation can be started; the best place for offenders is behind bars.

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

The University of Michigan released a survey on Monday that revealed parents of school and youth athletes are highly unaware of the risks associated with sports-related concussions. However, these same parents support policies to minimize the dangers of concussions. Almost two-thirds of parents of athletes ages 12-17 worry their children will suffer from a concussion, but fewer than 1 in 10 have read or are knowledgeable about the topic. Most alarming, was that 50% or more parents said they knew other parents or coaches would place a child back into activity soon after suffering from a concussion.

The area of concussions has recently received high levels of scrutiny. There has been increasing evidence to suggest that repeated occurrences of concussions can result in significant risks later in one's life. Doctors say that concussions present more dangers to youth than to adults: youths are more likely to sustain concussions, have a longer recovery time, and suffer a greater chance of long-term brain damage if a second concussion occurs before the child has had adequate time to recover from the first.

Parents are put in a unique position when it comes to the area of concussions - "they need to recognize symptoms of concussions and work with coaches and doctors to ensure appropriate healing," said The Detroit News. Most concussions do not result in the loss of consciousness and visible symptoms may not occur until several hours after the incident. Also, young athletes who are concerned with playing time may lie to their coaches about their physical state of being. To read more about this topic see Parents need to be more informed about youth concussions.

Parents, coaches and even doctors need to educate themselves on concussions and appreciate that the injury is more than just loss of consciousness and vomiting. Parents should observe and listen to their children for signs that their child has sustain a concussion. Parents, coaches and doctors need to work together to ensure that children who sustain a concussion be evaluated before returning to any activity in which concussions can be associated.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

With summer officially here, outdoor activities are on the rise. CBS news correspondent, Susan Koeppen, conducted an investigation on children usage of adult-sized, all-terrain vehicles (ATVs). The Consumer Product Safety Commission (CPSC) stated in the month of April, ATVs were the cause of 40 deaths, 12 of those deaths were children under 16-years-old. In May, 13 children under 16 were killed and the death rate is expected to increase as the summer continues.

ATVs are dangerous, they can reach speeds of more than 50 mph. For example, Kyle Rabe was killed in an ATV accident at the age of 10. Rabe's death was speculated to be caused by the ATV hitting a rut, tipping over sideways and landing on the child. Rabe started riding ATVs when he was just 3-years-old; by the age of 8, he was riding adult-sized ATVs. According to the Concerned Families, started by Kyle Rabe's mother, Sue Rabe, for ATV Safety roughly 100 children under 16-years-old are killed annually by ATVs, and 40,000 are injured. Many of these accidents involve children riding adult-sized ATVs.

The warning signs are there, but they are consistently ignored - especially by dealerships. The Government Accountability Office found 7 out of 10 dealers willing to sell adult-sized ATVs even though they knew the ATV was intended to be used by a child. During and "Early Show" investigation, 5 out of 10 dealers were willing to sell large ATVs even though the dealer was told the ATV was being bought for a 14-year-old.

The ATV industry has proposed model legislation that would require training courses, proper gear, and forbid child use of adult-sized ATVs. The training course have been made available; ATV manufacturers are now required to offer free courses through the dealership where the ATV is being bought from. To read more this topic see Dangers of ATVs.

Parents and caretakers have an obligation to protect their children. Children should not be allowed to use an adult-sized ATV without being accompanied by an adult or licensed driver. Children should be aware of the proper way to operate an ATV and take advantage of the mandatory training courses. The number of child deaths caused by ATV accidents are too high. With proper supervision and enforcement of rules and safety measures, hopefully we will see a decrease in the number of child deaths.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A USA Today published an interesting article about the increase of teenage vehicle accidents during the summer months. According to the National Highway Traffic Safety Admission, the period between Memorial Day and Labor Day is the deadliest for drivers ages 15-20. Traffic safety experts state that the increase in youth fatality rates during this time period is due to youths having more free time and less parental supervision, more opportunities to drive at night and relaxed curfews.

Traffic safety experts also declared that road risks are higher during nighttime. Over the course of a year, the hours from 10 p.m. to midnight are during Fridays and Saturdays are the deadliest hours for teens. However, during the summer every night is like a weekend night for young drivers.

The two main factors attributable to teen auto crashes are in experience and immaturity. Basically, during the summer teens just have more free time. Parents need to be sure to engage their children time during the summer vacation and keep them from using destructive behavior on the road. To read more about this topic see Accidents for teen drivers increase during the summer.

Parents should enforce curfews and limit teen driving as much as possible during nighttime. Reducing idle driving time, not using cell phones, and limiting distractions inside the vehicle are just some ways to young drivers can protect themselves and avoid automobile accidents. Parents need to inform their young drivers of the dangers that exist on the highway.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Telegraph.co.uk published an article recently about child booster seats to kick off child safety week in the United Kingdom. The article focused on a survey conducted by Which? magazine. Which? surveyed more than 1,000 parents of children aged between 4 and 12; these children are required by law to use a child car seat.

Here are some results of the poll:

- 17% did not use a car seat at all.
- 30% used backless booster cushions, which meet legal requirements but offer less protection than full sized car seats.
- almost 50% of children aged 4-12 are at risk of serious injury for side-on car collisions.

The chief executive of Which?, Peter Vicary-Smith stated that 30 children under the age of 12 are killed annually while traveling in vehicles; 300 children of the same age are seriously injured. Which?, a consumer magazine, has tested child car seats since 1966. The magazine reported that almost 25% of all car accidents involve a side-on collision. To read more about this topic see Child Booster Seat Survey.

Child booster seats protect children traveling in automobiles. As children get older, they may try to fight sitting in a booster seat. However, if a child is of the age and weight required by law to sit in a car seat, a parent or caretaker should make the child do so. Parents and caretakers have a duty to protect their children from harms way. Although traveling in a booster seat may not be the coolest way for a child to travel, it ensures a higher level of protection and safety to children in automobiles.

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

Iowa's motorcycle laws have a loophole that permits children, some barely toddlers, to legally ride a motorcycle without helmets. According to the Insurance Institute for Highway Safety, Iowa, Illinois and New Hampshire are the only 3 states in the nation that do not have helmet laws, even to protect their youngest residents. The Iowa Department of Transportation revealed that at least one child under 14-years-old and 17 children under 24-years-old have died in motorcycle crashes since 2007. So far, at least 13 people have been killed this year and others have been severely injured, including one man whose legs were severed upon impact. According to the Brain Injury Association of America, helmets are 37% effective at preventing deaths in motorcycle accidents and 67% effective at preventing brain injuries. The group also estimated a total of 1,829 lives saved by helmets since 2009 and an additional 823 lives would have been saved had the drivers been wearing helmets. Motorcyclists who are involved in crashes and are not wearing a helmet are 3 times more likely to sustain brain injuries than those motorcyclists who do wear helmets, according to the National Transportation Safety Board.

Opponents of helmets laws argue that education, not legislation, is the best method for preventing motorcycle injuries and deaths. These opponents reason that helmet-wearing is a freedom of choice issue and say that the choice regarding children should be left up to the parents, not the government, as to whether or not their child wears a helmet. Advocates of helmet laws rebut the freedom of choice argument stating that it is tax payers who, in the long run, end up paying for the numerous health care or other long-term disability costs associated with motorcycle injuries. Although advocates are pushing for legislative reform, they are highly opposed from lobbyists and opposition groups. Due to the high amount of opposition, it is unlikely that Iowa will reform its laws to require helmets and, instead, continue to stress education courses. To read more about the motorcycle debate in Iowa see Iowa citizens urging state to reform its motorcycle laws.

Motorcycles are dangerous and should be driven with caution and care. Although parents are left a high amount of discretion on how to raise their child, parents should be aware of how much a helmet can save their child's life. Children are extremely vulnerable and depend on their parents to make good, sound judgments for them. It may not be possible to force an adult to wearing a helmet, however, adults who are parents should protect their children and urge helmet wearing.

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

The Michigan Supreme Court handed down a decision that may have an effect on businesses and schools within the state that offer recreational activities for minors. The Supreme Court of Michigan ruled that a parent's signature on an injury waiver does not waive the legal rights of a child who is hurt at play. Essentially, a parental signature on behalf of a child binds the child to the contract. The Michigan Supreme Court said that parents do not have the authority to do such. The court's decision reasoned that Michigan's common law prevented a parent from entering into a contract restricting the rights of a child.

The case involved a 5-year-old boy, Trent Woodman, who broke his leg at Bounce Party, an indoor recreation center, after he jumped down an inflatable slide. Woodman's mother sued the owner of Bounce Party claiming improper supervision and negligence on behalf of the recreation center; the child was not provided a pad to move down the slide as required by the device's manufacturer.

The dissenting justices predicted that the majority's interpretation of the Michigan's common law would result in widespread fallout because of increased liability risks for recreation sponsors. Justice Stephen Markman, a dissenting justice, said consequences of the majority's decision will be felt throughout the state, "including both an increase in litigation and a reduction in sporting and recreational opportunities for children." However, justice Diana Hathaway said the dissent's predictions of doom were overstated. Justice Hathaway stated that children will still continue to play sports or other recreational activities and go to bounce parties, just as they do in other states. The family's lawyer, Paul McCarthy, said anyone who takes a child into their custody "needs to be held to the minimum standards required by law." To read more about this topic see Michigan Supreme Court rules against enforceability of injury waivers. You can read more about inflatable bounce devices at Dangers of Inflatable Slides and Bounce Houses at Parties and Amusement Centers.

The validity of parental waivers is ruled upon State by State. Some States may very well enforce them while others may not. It is certainly against public policy to allow a business, individual or other entity to act with reckless disregard or negligence and avoid legal responsibility for such actions. The Michigan Court's decision is a good one for child safety and public policy.

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

A 3-year-old girl was struck by line drive ball at a Dodgers baseball games. The ball was hit by Dodgers player Russell Martin during batting practice at Dodger Stadium. The child sustained a skull fracture from the line drive and was rushed to the first-aid station by her father. According to the Associated Press, a Dodgers spokesperson said the girl was scheduled for surgery at Childrens Hospital Los Angeles, her injuries were not life threatening. Martin expressed sympathy and concern for the child and offered to pay for the medical expenses. To read more about this accident see 3-year-old struck by line drive ball at Dodger Stadium.

This is a tragic accident for the child, her family and the community. Injuries to children can happen during the most unexpected times. Safety precautions should always be taken in order to ensure a safe environment for children. Hopefully, the child will have a fast and complete recovery.

Liability is an interesting issue in this incident: Would the baseball team have any liability? Does purchasing a ticket constitute a waiver of liability regarding these types of injuries? If Martin did not offer to pay of the medical expenses, who would bear the cost of these expenses?

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

The recent pool drowning of a five-year-old boy in Springfield, Missouri should prompt parents, child care providers, babysitters, and others to be on high alert when watching their children at the pool. Safe Kids USA, a nationwide network that works to prevent unintentional child injury, estimates that drowning is the second leading cause of unintentional injury-related death to children ages 1-14; 900 child deaths occur each year. A coordinator from Safe Kids, Daphne Greenlee, stated the most effective way to prevent your child from sustaining these types of injuries is to keep at watchful eye on them at all time – no talking on the cell phone, reading, or sunbathing. A Safe Kids report revealed the main cause of drowning was lack of attention on behalf of the supervising adults. Greenlee also suggested the “buddy system” as another way to prevent child drowning-related accidents. If a child is in the water he or she should always be with a buddy, whether it is an adult of another child. The buddy should know the rules of the pool such as no running around the pool and where the permissible diving areas are located.

Safe Kids reports that inflatable toys, such as noodles, were not appropriate safety devices and would not prevent drowning. The presence of a life guard should not be a reason for a decrease in adult supervision. The Drowning Prevention Foundation reported that almost one in every five drowning deaths involving children occurred while a lifeguard was on duty at a public pool.

Infants can drown in as little as one inch of water. Therefore, it is important to empty all buckets, containers and wading pools immediately after you’re done using them. To read more about this topic see Pool safety for children.