Child Injury Lawyer Blog

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

Vicksburg High School's head football coach, Tom Marchese believes that concussions are more serious than most people think, especially because concussions have long-term effects. Marchese may be on to something. New studies reveal that repeated concussions may cause permanent brain damage that eventually shows up with symptoms such as depression, chronic headaches, early-onset dementia, and/or adult-onset attention-deficit hyperactivity disorder.

Because of the seriousness of concussions and in attempt to protect it teens and younger child athletes, the Michigan High School Athletic Association (MHSAA) is making "one of the biggest rule changes ever." Starting this fall, athletes in any sport who show signs of a concussion during a game must be pulled from play and evaluated by a doctor. If a doctor is not immediately available or the doctor has concluded that the athlete did sustain a concussion, the athlete will have to sit out for the rest of the game. And, in either case, the student athlete will not be able to return to play until the athlete gets a doctor's written permission to resume play. If you would like to read more about this story see MHSAA sets stricter rules for athletes with concussions.

Teenagers and younger children are especially vulnerable physically. Therefore, concussions can have more dramatic effects upon these younger individuals than adults. It is a good start that MHSAA is taking these extra precautions and protecting student athletes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Scientists, who have conduct recent research, funded in part by the NFL, say they have found evidence that connects head injuries in athletes to a condition that mimics Lou Gehrig's disease.

Dr. Ann McKee said she found toxic the spinal chords of three athletes who had suffered head injuries. These athletes were also later diagnosed with Lou Gehrig's disease, or ALS. These same types of proteins were found in the brains of athletes with chronic traumatic encephalopathy (CTE).

McKee is a neurology professor at Boston University who has studied CTE in athletes. From her studies, McKee noticed an unusually high number of football players seemed to be affected by ALS. ALS attacks nerve cells in the spinal cord and brain and destroys the ability to move and speak.

The findings of McKee's research suggest that the motor neuron disease that affected the three studied athletes is similar to, but not exactly the same as, ALS. McKee and her colleagues are calling this "new disease" chronic traumatic encephalomyopathy (CTEM). It is suggested CTEM is "likely caused" by repetitive head trauma, especially those athletes are exposed to in contact sports. If you would like to read more on this topic please see New study suggests sports-related brain injuries may be linked to a disease similar to ALS.

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

Child safety advocates are urging for lower teacher-child ratios in the classroom. Under the current state standard, Texas permits 2 caregivers to watch 22, 2-year-olds or 30, 3-year-olds. However, the child advocates are urging for two caregivers to watch 18, 2-year-olds, or 28, 3-year-olds.

Melanie Rubin, with the Texas Association for Mental Health, says the lower ratios are for the child's protection. However, the state Department of Family and Protective Services are hearing the critics of the proposed change. Some say it could force the price of day care to increase and others fear that families will abandon licensed day care in favor of a baby sitter or leaving their child with an older sibling.

Having a low teacher-student ratio does have some serious consequences. For example, Shavon Ransom, a preschool teacher at the Bock Child Development Center in Oak Cliff, said she has had to work in conditions where she was the sole supervisor for 17 children - a very chaotic and challenging learning environment. Ransom claimed that in these unfortunate scenarios, in order to calm the children down she would resort to sitting them in front of the television or in the arcade. A method she does not support. If you would like to read more on this story please see Texas child safety advocates urge for higher teacher-student ratios.

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

The incident that resulting in a a 2-and-a-half-year-old girl being left behind in a Wisconsin Park has an Appleton, Wisconsin day care center reviewing their policies. The girl was left behind at the park for about 30 minutes.

The incident happened on August 5 and, according to the police report, the day care left the park at about 12:10 p.m. Police officers arrived after the park after they were contacted by other concerned mothers who noticed the girl was unattended.

Although the girl was unhurt, Karen Olson, director of the day care center, Creative Child Learning, is still devastated by the incident and claims it is just unclear how the girl was left behind. Olson says staffers repeatedly counted the children, but the child was somehow forgotten. Creative Learning received a separate state order in the spring requiring closer supervision of children. This order was the result after a child got too close to a hot iron during an art activity. If you would like to read more on this story please see 2 1/2-year-old girl left behind at Wisconsin park by day care center.

Luckily, this girl was uninjured. Day care centers have an obligation to care for the children in their custody. While on field trips, day care employees can employ easy methods to check on their children such as the buddy system. Always keeping a watchful eye will tremendously reduce the risk of leaving a child behind while on field trips.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Ten million drop-side cribs have been recalled since 2007 - including 2 million in June alone. The Consumer Product Safety Commission has formed new safety standards that will ban the sale of drop-side cribs and prohibit their use in day cares and hotels hopefully by December 2011.

The CPSC was probably urged to publish the new crib rules two years ahead of the congressional mandate because of cases like Bobby Cirigliano. Bobby was 6-months-old when the side rail of his drop-side crib came loose, trapping Bobby between the mattress and the rail and effectively suffocating him.

Drop-side cribs have movable sides that make it easier to get children in-and-out of the crib and have been around since the 1970s. However, over the decades, the cribs have proved to be dangerous - even deadly. In 2000 alone, at least 32 children died because they were trapped by drop-side cribs.

The larger issue, according to Alan Schoem, a former director of CPSC's Office of Compliance, is one manufacturer's must face. It is a manufacturer's duty to so that reasonably foreseeable use or misuse does not result in injury or death. A duty, that if not followed, is punishable. In fact, under CPSC rules, crib-makers could face civil or even criminal penalties for failing to factor use or misuse into a crib's design or not reporting incidents to the CPSC. If you would like to read more on this story and see a chart of the units recalled from major suppliers see Dangers of drop-side cribs may be banned by December.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Although corporal punishment and spanking of children is banned in 24 countries, it is a common practice all over world, revealed three studies by UNC researchers. Spanking children has decline since 1975, however, it is still common practice, 80%, for preschool children.
Below is a summary of the findings revealed by the one of three studies conducted by Desmond Runyan, professor of social medicine at UNC:
- Mothers with fewer years of education more commonly used physical punishment.
- Harsh punishment of children by parents is not less common in countries other than the U.S. However, it may be more common in low and middle income countries.

Adam J. Zolotor, assistant professor of family medicine and UNC School of Medicine, led the other two studies. A summary of the results are listed below:
- Zolotor's first study tracked corporal punishment trends for 3-to-11-year-old children in the U.S. as demonstrated by four separate surveys conducted in 1975, 1985, 1995 and 2002. Although there was a decrease in the number of children slapped (18%) in 2002 from 1975, about 79% of preschool-aged children are spanked.

Zolotor states that given the weight of the evidence of his studies, corporal punishment does more harm than good. Therefore, it is important for parents, guardians, day care providers, caretakers, babysitters, etc. to educate themselves on the consequences of corporal punishment. There is a fine line between disciplining a child and inflicting physical abuse upon a child, the latter never being okay. If you would like to read more on this topic and see more findings of the conducted studies see Studies on Corporal Punishment upon children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Littleton, Colorado and other cities, the new school year has begun. For most children, the first days and weeks of school are filled with fun new learning adventures, seeing friends, and making new ones. Unfortunately, the new school year has greeted some children with injuries, abuse, and neglect at the hands of child care and day care providers. In Littleton, Colorado, a child care worker showed poor judgment by duct taping a boy's hands to his head. This bad judgment in child care resulted in the day care worker's arrest by the Douglas County Sheriff's Office. Matthew James McGregor, age 21, was employed for Roxborough Roxstars, a program run for before and after school care for the Douglas County School District.

The Douglas County School District touts itself as providing quality care for children during, before, and after school. The Sheriff's Office reported that the incident may not have been intended as punishment but just horseplay between the substitute teacher and the student.

Teachers, substitute teachers, day care providers, and child care workers need to provide children with a safe haven during the school day and during before and after school programs. You can read more about this story at Colorado Teacher Arrested for Duct Taping a Student in Douglas County School Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Benjamin Janicki, a 19-year-old boy, was a summer hire as a day care aide at Park Hill United Methodist Children's Center. According to Denver's district attorney office, Janicki was arrested and faces at least felony counts of sexual abuse on three preschoolers. Janicki also faces three additional counts of sexual assault on a child by a person in a position of trust, also felonies. Parents were told that the victims were between the ages of 3 and 4-years and that there could be more.

Janicki had no previous arrests according to public records and is being held in a Denver detention center on $650,000 bail. He is entitled to a criminal defense attorney and a trial.

Janicki's case has forced the day care center to close while the state's Department of Human Services investigates "serious and significant supervision issues." If you would like to read more on this story see 19-year-old faces three counts of sexual abuse upon minors at a day care.

Day care workers are selected by the parents and/or guardians of children. A significant amount of trust is placed in day care providers and workers to care for and nurture another's child while the parents and guardians are at work, ensuring financial stability for the child. Any person who would abuse this trust is depraved and immoral. If you suspect someone is a victim of abuse, report the incident to local authorities immediately so an investigation can be prompted as soon as possible.

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

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

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

City officials stated the director of a Weslaco, Texas day care center was arraigned recently on a charge of injury to a child in connection to an alleged attack upon a 4-year-old boy. Yolanda Rodriguez, 55, the administrator of Happy Days Learning, allegedly assaulted the child for misbehaving. According to police, the boy had bruises on his arms, back and back of his neck.

Rodriguez was formally charged with a third-degree felony. Her bond was set at $10,000. If convicted, Rodriguez could face up to 10 years in prison and a find up to $10,000. Rodriguez is entitled to a criminal defense attorney and a trial. If you would like to read more about this story see director of day care facility in Texas formally child with causing child injury.

Although children need to have forms of discipline in their lives, there is a line between discipline and abuse. Hitting, grabbing, throwing or otherwise handling a child to the point of bruising should never be condoned. Children have fragile bodies as well as emotions and physical actions against children similar to this one can result in a lifetime of negative consequences to the child victim.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 2-year-old girl was seriously injured at her day care in Raleigh, North Carolina. Apparently the toddler was attempting to climb a bookcase, when the bookcase fell and hit her on top of the head. The incident is being investigated by the Tennessee Department of Human Services - specifically the supervision issue.

The day care facility, Bright Horizons day care, voluntarily closed after the accident and is uncertain when it will reopen. The facility cared for 75 children and had 13 staff workers.

The facility has been inspected in the past and Tennessee DHS officials were found to incomplete files and an improper ratio of caregivers to children. After the director of the center was replaced there have been no violations after subsequent visits. If you would like to read more about this story see Toddler falls off bookcase in Raleigh day care.

Hopefully this child was not injured badly and will make a full and quick recovery. Day care providers and child care workers eed to maintain constant supervision over their children, especially toddlers. Toddlers are curious and have an overwhelming tendency to wander into places that are not "child-proof". Therefore, adults, guardians, care takers, day care providers and babysitters need to always keep a watchful eye out for the health, safety and well being of children.

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

The results of a recent New York booster seat law found that traffic injuries among children ages 4-6 dropped 18% - the New York booster seat law required certain children to seat in car seats and took place in 2005.

Forty-seven states and the District of Columbia require booster seats, which children are to sit in after they outgrow their infant/toddler car seats but are still too small to be adequately protected by seat belts. However, Florida does not have such laws.

Seat belts fail to protect children who weigh less than 80-100 pounds and who are under 4-feet-9.

1. Kids should be tall enough, so the seat beat is resting against a hardy, bony surface against the body - such as the hips and collarbone - not the stomach.

2. Kids should not be able to bend their knees at the edge of the seat, even while sitting staight up.

3. Kids should be able to maintain the position in described above, without slouching or lying down, for the entire trip.

If you would like to read more on this topic see Booster seats saves lives.

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

Two Louisiana families suffered a major tragedy after teens from both families drowned. The seven teenagers were playing in the shallow waters of the Red River when one teen stepped of the slippery ledge and plummeted into much deeper waters. The other teens tried to save the boy, but they too were overpowered by the water and taken into the deeper water. The onlooking relatives, who could also not swim, desparately screamed for help as they watched their teens vanish and drown.

DeKendrix Warner, 15, was the first to fall in and was rescued by a bystander.
Those who did drown were identified as two families: the Warners and the Stewarts. The Warners who drowned were: Takeitha, 13; and her older brothers JaMarcus, 14 and JaTavious, 17. Among the Stewarts were: Litrelle, 18; LaDairus; and Latevin, 15.

The area where the drowning occurred was not a designated recreational or swimming area and no lifeguard as on duty. If you would like to read more on this story see 2 Louisiana families suffer from drownings on hot summer day.

This is a tragedy for these families and their community. It is important to understand the inherent dangers of water. Make sure a lifeguard is always on duty, do not swim in areas not designated for swimming, maintain constant supervision of child while around water and everyone who is not deemed a capable swimmer should be adorned with the proper life-saving equipment when practical and available.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Investigators investigating the sexual assault claims at Park Hill United Methodist Children's Centers now believe there were 3 children who were victims of assault. Investigators also believe they are still more unidentified victims. The Colorado day care facility was closed on Friday by the Colorado Health and Human Services Department. During a recent investigation, investigators said to have found "serious and significant supervision issues."

Denver Police arrested 19-year-old Benjamin Janicki. According to a court report, a young girl told her parents she had been "licked and tickled" by Janicki. Janicki is entitled to a criminal defense attorney and a trial. Records show Janicki has no previous arrests.

It is still uncertain whether the day care facility will remain open or will allowed to stay open. And, even if the center decides to re-open, what parents will re-enroll their children into the facility.

Here are some warning signs, from the Denver Police Victim Assistance united, that indicated a child may have been sexually assaulted:

1. A child acting younger than his or her own age
2. Frequent nightmares
3. Difficulties concentrations

If you would like to read more on this story see The number of sexual abuse victims increases and Denver day care facility.

Continue reading " Victims of Sexual Assault at Denver Colorado Day Care Center - What Are the Legal Rights of the Victims? " »

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

Eli Rodriguez, 32, was dropping off a family member at Doodle Bug Square Day Care, when he lost control of his Buick Century and his the day care building. Five children were taken by an ambulance to a nearby hospital, all with minor injuries.

Diana McPherson, the day care's owner, stated the obvious when she said the situation could have been much worse. The day care and its children and workers are all very fortunate to not have sustained serious or even fatal injuries.

Although the child may be all right; a little bit of fear stills remains in the back of their minds. Caitlin Covington, an 8-year-old who attends the day care said she just does not want to go back, "just in case." McPherson is already taking steps to make her facility more safe. McPherson recently bought concrete barriers to surround the facility.

The accident and its cause is still under investigation. However, investigators are under the belief that the driver's accelerator may have gotten stuck. You can read more about this accident here at Man runs into day car, five child suffer minor injures.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado has a adopted a new law that changed the requirements for children who have to use booster seats. Under the previous law, children between the ages of 4 and 5 were required to be restrained by a booster seat while in a motor vehicle. Now, under the new law, children who are 6 and 7 are also required to be restrained by a booster seat. Also, a child's height and weight are no longer the determining factors of whether or not a child should be restrained in a booster seat - the new law only has an age requirement affecting children under 8-years of age.

Many Colorado parents are unaware of the changes the new laws made. However, not obeying this law is consider a primary traffic offense in Colorado. An officer is legally able to stop you for the sole reason of not having your child in a booster or car seat. The minimum fine is $82 for every offense. However, police will give a warning in the law's first year. To read more on the new law see Colorado changes its booster seat law.

Parents, day care providers, babysitters and other people who transport children need to inform themselves of changes made by the new booster seat law. Hopefully, this law will decrease crash-related or other traffic-related child injuries.

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

A recent study conducted at the University of Chicago revealed that children with brain injuries may have difficulty developing story-telling skills. It is estimated that 1 in 4,000 children suffer from pre- or perinatal brain lesions, a brain injury with risk factors involving both mothers and babies. In the study, which was reported in the recent issue of Developmental Science, children with brain injuries were compared with children with normal development. Each group was asked to tell a story after given a situation with a suggestive narrative. For example, "Once there was a little boy named Alan who had many different kinds of toys." The children were prompted with questions like "Anything else?" until the children said they were done. The study found that the children with brain injuries told shorter and less complex narratives compared to the children with the typical developing children. However, each group had similar vocabulary and sentence comprehension abilities. Researches suggested the reason for the shorter and less complex narratives is that storytelling requires flexibility in word use and, therefore, may be more vulnerable to to developmental delays.

Other research has shown that a child's storytelling abilities may potentially be boosted if he or she is engaged in conservations around narratives. Parents of a child with brain injuries should closely observe the development of their child's storytelling abilities during the child's preschool years. If you would like to read more on this story see Research suggests developmental delays may affect storytelling abilities in children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Under a new law that goes into effect August 2010 in Miami, Florida will ban lone adults at designated Miami beach playgrounds. Adults found without accompanying minors will be asked to leave, and possibly fined. The ordinance, which was passed unanimously, was proposed by Miami Beach Commissioner, Jorge Exposito, after he witnessed a man "behave lewdly" in front of children at a Miami park. However, the ordinance is only effective in 19 newly designated "child-required" playground areas.

Opposition was voiced by a resident who regularly uses the playground equipment for exercise and has some constitutional issues. However, the law was passed with wide public support.

The ordinance resembled those of San Francisco and New York City, which makes it the responsibility of parents and park employees to report the violators to police. If you would like to read more on this new law see New Miami law makes it unlawful for lone adults to be in designated areas without accompanying children.

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

Paul Sniffen, a 6-year-old boy, was finally identified as the boy who drowned in a public pool in Castro Valley, California while on an outing with his day care center. Paul was found in about 4-feet of water at the Castro Valley Swim Center, he was pronounced dead at Eden Medical Center. The Center has different pools including a shallow pool, which has a depth of about 2 1/2-feet, and a deep pool, which has a depth of about 12-feet. Paul was observed playing in the shallow pool and, sometime later, he had moved to the deeper area of the pool. It was unknown how well Paul could swim. The Sheriff's Department is conducting an investigation regrading the circumstances of Paul's death. If you would like to read more on this story see 6-year-old boy who drowned in public pool while on day care outing is finally identified.

The death of this young boy is a tragedy for his family and the community. It is imperative that adults constantly supervise children while children are playing in the water or engaged in water-related activities. Although the water provides fun and exercise for children, it can be dangerous, harmful, and sometimes deadly to children.

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

New York State Police say Aaron Davies, a 2-year-old boy, drowned in an above-ground pool located in the backyard of the toddler's residential daycare facility in Greenville, New York. Aaron and nine other children were cared for by three women at the day care, which is unlicensed. Allegedly, while the children were in the backyard, the toddler climbed the ladder leading up to the pool without being noticed and entered the pool. It is believed the toddler was underwater for 3 minutes before he was found by the adults working at the day care. Rescue personnel was called and performed CPR on the toddler until he arrived at Albany Medical Center, where he was later pronounced dead. If you would like to read more on this story see Toddler drowns in backyard pool at unlicensed day care facility.

This child's death is a tragedy for his family and the community. Water, although fun and great exercise for children, is incredibly dangerous. Parents, guardians, babysitters, day care providers and employees need to maintain constant supervision while the children under their care are playing in the water. Before allowing a child to play in water make sure he or she is not too fatigued, is capable of swimming in the depths of the water or is provided the proper and approved safety devices. If you would like to read more water safety tips see Swimming Pools and Safety - Need for Consistent and Undistracted Adult Supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 13-year-old boy of Bradenton, Florida was arrested for the beating and the possible rape of a 22-month-old girl in a home-based daycare facility. Heather Lovett, the 21-year-old owner of the facility, left the teenage boy in charge of the facility, Our Kids Day Care, while she took something to her boyfriend. Lovett is allegedly dating the teen's father.

The toddler was taken to a hospital by her father after the father noticed injuries on the girl's body. Police reports reveal that the toddler was determined to have been choked, punched and sexually assaulted. The boy admitted to hitting the girl twenty times but denied committing any sexual assault. This is not Lovett's first complaint against her daycare. In June, a parent made a molestation complaint against Lovett and the older brother of the teenage boy charged in this case.

The registration of Our Kids Day Care has now been revoked by the state's Department of Children and Families. However, DCF would not have became involved if a major incident was not reported. This has parents, local authorities and other concerned citizen to question the screening and licensing procedures of Florida daycare facilities. According to published reports, DCF does not inspect or regulate daycare facilities that have fewer than 10 children; Our Kids Day Care cared for 5 children between the ages 10-months to 4-years-old. To read more on this story see Florida screening and licensing procedures are questioned by concerned citizens.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is now against the law in Kentucky to text while driving. If you are caught texting while driving you will only get a warning. However, starting January 1, 2011, you will be fined; $25 for the fist offense and $50 for subsequent offenses. The new law prohibits drivers from sending or reading text messages, instant message and emails. The law also completely prohibits drivers under the age of 18-years-old from using cell phones. Kentucky is 1 of 10 states to ban sending text messages while driving. And roughly 30 states have bans completely prohibiting the use of cell phones for drivers under 18-years of age.

According to Gov. Steve Beshear, there were more than 57,000 automobile accidents on Kentucky roads, and more than 200 fatalities, that were attributed to driver inattention and distraction. Lt. David Jude, Kentucky State Police spokesman, said 45% of automobile accidents in Kentucky are a result of driver inattention and distraction, it is by far the number one cause of collisions in the state.

The problem police still face in enforcing the new law is determining whether the driving was sending or receiving a text message.

The law permits adult drivers over the age of 18 to read, select and enter a phone number and name into a cell phone for the purpose of making a phone call. The law also permits these drivers to use GPS devices on their cell phones (drivers under 18 can use their phone's GPS device). The motorists can text while the vehicle is not in motion, for example, when the vehicle is stopped at a traffic signal. To read more details on the new law see Kentucky passes new law banning texting while driving.

The recklessness that results from texting while driving has been compared to the recklessness that occurs while driving under the influence of alcohol or other narcotics. This law is a step toward reducing the number of accidents on Kentucky roads as well as the number of injuries and fatalities resulting from driver distraction and inattention.

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

Pamela Hartley, a 56-year-old woman of Hamilton County, Ohio, was sentenced to 6 months in jail and banned from working in the childcare industry ever again. Hartley was one of two women who were accused of drugging children at a Hamilton County childcare facility.

After officials learned that Hartley was giving medication to children at the Covenant Apostolic Church Church Day Care Center, she was charged with child endangerment. Officials said the women were giving children, Melatonin, an over-the-counter sleeping supplement. Donna Scott, 41, is the other woman charged in the case. Scott has a trial scheduled in August and is entitled to a defense attorney. Hartley and Scott were both fired from the daycare. To read more details on this story see Hamilton County, Ohio daycare worker sentenced after giving sleeping supplement to children.

Parents and guardians place a tremendous amount of trust in a daycare facility and its workers. People hired as daycare workers should never neglect their responsibilities and respect the position they have been placed in.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Playgrounds are great environments for children to have fun and get exercise. However, parents need to ensure that the playground area is safe before they allow their children to play on the equipment. According to group reports, approximately 200,000 children in the United States visit the hospital after sustaining playground-injuries. Nearly 80% of playground-injuries are the result of falls, says the National Playground Safety Institute. And about 45% of those injuries are considered severe, meaning the injuries are fractures, internal injuries, concussions or dislocations.

Here are some safety tips that can be employed to prevent playground injuries:
1. Children should always be supervised. The younger the children, the more supervision that is needed.
2. Inspect the playground equipment before allowing you children to play on it. Check for broken or protruding pieces, cracks and other open spaces and open bottles or other sharp objects around the area.
3. If the playground is crowded and prevents you from maintaining constant supervision on your child, comeback at a different time with the volume is not as heavy.
4. Teach your children not to run, shove or push others at the playground.

To read more on this topic see How to keep playgrounds a safe place for children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Choking is a leading cause of injury and death in children, especially children under the age of 4-years-old. The main reason for this is because children have a tendency to put almost anything inside their mouths. The most common objects are food, toys and coins. And, although toys are labeled as choking hazards, food is not. According to a published study by Dr. Gerry Smith, director of the Center for Injury Research and Policy at the Nationwide Children's Hospital in Columbus, Ohio, a child will die every 5 days in the United States from choking on food. Smith urges the government to place warning labels on foods that pose choking hazards.

Here are some high-risk foods: Hot dogs, grapes, popcorn, nuts, hard candy, raw carrots, apple chunks and seeds. The riskiest foods are those that are hard and round because these foods have a high potential of plugging a child's airway.

Below are some simple guidelines parents, daycare centers and childcare providers can implement to avoid choking:
1. Avoid the high-risk foods mentioned above.
2. Children should never be allowed to eat while running, playing, or lying down.
3. Children should be supervised while eating. Do not allow children to eat snacks in the car while you are driving.
4. If children are upset, crying, or breathing fast or are otherwise emotion do not let them eat.

To see more tips on how to prevent choking see Tips and Guidelines parents, day care centers, child care providers and babysitters can use to decrease the risk of choking.

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

David Daniel Moore, a 23-year-old daycare worker, was sentenced to almost 17 years in prison by a Multnomah County judge. Moore was charged with the molestation of two different 4-year-old girls at Angela's Academy (or Angel's Academy), a Northeast Portland, Oregon childcare facility.

Moore was a teacher at the childcare facility, which is a home-operated facility that is licensed to care for up to 16 children. Moore was physically abused by his biological mother and was sent into foster care. Angela Braxton-Johnson, owner of the daycare facility, became the foster parent of Moore, she later gave him a job at the daycare.

The crimes came to light after one of the girls told her mother about an incident in November 2009 that happened in the girls' bathroom at the daycare. An investigation was promptly initiated. Afterward, the second girl came forward and told her mother that Moore had given her candy and forced her to perform a sexual act on him.

Moore admitted to police that he had molested the girls. At his hearing, Moore plead guilty to two-counts of first-degree sexual abuse and two-counts of attempted first-degree sodomy.

Moore was screened by the State of California and passed the procedures because he had no prior criminal history and no questionable history of abusing children, said Kathleen Hynes, legal and compliance manager for state division that licenses providers. If you would like to read more on this story see Portland, Oregon man sentenced to almost 17 years in prison after pleading guilty to sexual molestation charges.

State legislatures across the nation are in the process of making their states' screening procedures more stringent. For an example of this see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

If you suspect any incidence of physical or sexual abuse being committed upon a child, contact your local authorities so a criminal investigation and be initiated.

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

Steven Hayashi, 52, was arrested for child endangerment and possessing a mischievous animal that causes death or great bodily injury after his pit bulls attacked and killed a 2-year-old boy in Concord, California. Authorities say the victim was the step-grandchild of Hayashi. The child was inside the family's home with two adult relatives and a young sibling when the child wandered into the garage of them home where the pit bulls were kept. The dogs mauled the boy, he was taken to a local hospital where he was later pronounced dead.

Hayashi is being held on $120,000 bail and is entitled to an attorney. Police are continuing to investigate the accident. If you would like to read more details on this story please see 2-year-old killed by pit bulls kept in a California home garage.

The death of this child is a tragedy for the family and the community. Dogs, although domestic animals, are still animals that have inherent dangerous propensities. Dogs should always be kept in a safe and humane manner and supervised by an individual capable of restraining the animal. Adults or other responsible, mature and competent people should maintain supervision while having a child in their custody and especially when the child is playing with any animal.

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

Outside of St. Louis Missouri, a horrible bus accident was reported that involved two school buses, a semi truck, and a SUV. Tragically, two people died as a result of this bus / semi tractor / SUV accident and many others including a number of children were injured as a result of this accident. A full investigation will be conducted by State and Local authorities to determine the cause of the accident and what measures could have been taken to avoid the accident and related personal injuries.

The bus accident took place on Interstate 44. It was reported that thirty six children were transported to a local hospital (SSM Cardinal Glennon Children's Medical Center) for evaluation and treatment. Other accident victims were treated at St. John's Mercy Hospital and St. Louis Children's Hospital. Photographs and video tape of the accident scene show a school bus lifted into the air on back of the semi truck. It is clear from the photographic evidence that the accident was quite severe and traumatic for all drivers and passengers especially the school children. Accidents of this nature deal with the following issues or questions:

What are the duties and responsibilities of the school? bus driver?

What was the posted speed in the area? What were the traffic conditions?

What insurance will apply to the medical bills and injuries resulting from the accident?

Were any drivers cited for the cause of the bus accident?

What follow up medical treatment will be required by the surviving victims?

What damages will be compensable for the surviving victims?

What damages will be compensable for the family member of the unfortunate people who died as a result of the bus / semi truck / SUV accident?

Typically, the roadways are safe for our children and others in large buses and vehicles. Unfortunately, tragic accidents do happen in such a magnitude that deaths and serious injuries occur despite the size of the vehicles occupied by the drivers and passengers.

The accident happened on I-44 in Gray Summit, which is about 40 miles southwest of St. Louis. The Franklin County Sheriff's Office said it was helping the Missouri State Highway Patrol respond to the wreck.

In addition, the National Transportation Safety Board says it is sending a "go team" to investigate.

One of the fatalities was in a GMC vehicle, said Missouri Highway Patrol spokesman Jeff Wilson, and the other was on the first bus. Crews were trying to pull all the vehicles apart so they could identify both fatalities. The tractor-trailer was stopped for traffic in a construction zone, Wilson said.

Renee Ridling, president-elect of the St. James Chamber of Commerce, said the town is a small, rural community about 100 miles west of St. Louis with a population of about 4,000. Ridling is a nursing facility administrator, and some of her staffers had children on the buses.

"Everybody's pretty anxious right now, wanting to know what's going on," she said.

Kelsie Parton, 25, is a volunteer at the St. James Tourist Information Center.

"The news spread really, really fast," Parton said. Once one person knew about the wreck, everybody called one another. There are also a lot of Facebook updates, she said.

She said the only local person who had come in to the center is her grandmother, who works at a pharmacy, and "they're all kind of worried" there.

"I've had a lot of travelers come in and ask if everybody's OK," she said. Some of them heard about the crash on the radio, while others passed it, she said.

She knows one boy who was on one of the buses and has spoken to his mother. He is OK. She said his last Facebook update said he was headed to Six Flags with the band, then the last one only said, "please pray."

CNN affiliate KTVI reported the two school buses involved in the crash were carrying high school band students from the St. James, Missouri, School District who were on their way to a Six Flags amusement park in Eureka.

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

Alex McGowen Duncan, 34, was charged with murder after his son, 6-year-old Tekerrious "TK" Jackson died after suffering from severe bodily injury. Investigators say Duncan repeatedly beat his son in the chest because he would not go to sleep.

Duncan's girlfriend, Tammyra Sampson, was also charged with injury to a child by omission. Investigators say Sampson watched the abuse and only intervened to show Duncan how to properly whip the child with a belt. This is not Sampson's first encounter with Child Protective Services. In 2003, a Texas CPS conducted an investigation after reports of drug use and alleged abuse against one of her children.

Apparently, one of Sampson's children, her 11-year-old daughter, witnessed the beating of Jackson. During an interview with Houston homicide investigators the 11-year-old re-enacted some of what she saw happen to TK over the course of 8 hours.

Duncan was recently reunited with his son after being an absent parent for the past 3 years, according to TK's mother, Lucy Adams. Duncan and his girlfriend are being held on $50,000 bail, both are entitled to an attorney and speedy trial. Sampson's two children were taken into the custody of CPS. If you would like to read more details on this story see Houston father charged with murder after 8-hour beating of his son.

If you suspect a child is being abused, please report the incident to local authorities so a criminal investigation can be initiated.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

All-terrain vehicles seem to be the cause of several injuries among Alaska's youth. In the month of July, the state has already reported three separate accidents. In one, a child riding an ATV collided with car sustaining only mild injuries. In another, a rider was hospitalized after she went off the road and hit several trees. Lastly, two 17-year-old girls riding an ATV rolled-over killing one girl and injuring the other.

The two most persistent problems among youthful ATV drivers: they are inadequately prepared to operated the powerful vehicles underneath them and they do not wear the proper safety gear. Alaskans are urging the State Legislature to create new laws that will require Alaska's youthful ATV drivers and riders to wear helmets.

Another problem is that adults are letting children drive adult-sized ATVs. According to the Alaska Brain Injury Network Inc., children younger than 16-years-old account for one-third of all ATV-related deaths and injuries nationally. ATVs have dual roles for fun and function. However, powerful devices, such as ATVs, are inherently dangerous and should only be operated by those who are mature and properly acquainted with the device.

If you would like to read more statistics and information on this topic see ATVs become a problem in Alaska.

If you would like to read other articles on ATV-related injuries see CBS News Reports on Dangers of Personal Injury to Children from ATV (All Terrain Vehicles).

ATVs are fun, however, they are especially dangerous for children. Adults should teach their children at an early age the proper safety rules on the use of ATVs. Kids should always wear a helmet and be taught what to do in situations if the ATV happens to malfunction. When a child is driving an ATV, make sure an adult is always supervising the activity.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Brachial Plexus injury is a medical term used to describe an injury to the brachial plexus nerves in the shoulders. Brachial plexus is also known as the Erb's Point. A brachial plexus injury is generally caused to an infant during pregnancy. Occasionally, during a pregnancy, the infant's shoulders will be caught behind the mother's pelvis, causing a medical emergency known as dystocia. When this occurs, a doctor needs to dislodge the shoulders and may rely on the use of forceps to pull the head of the infant. This maneuvering attempt can lead to brachial plexus injuries. These injuries range from minor, healing in 3-4 months, to severe, causing paralysis in the arm and shoulder of the infant. Also, some children born with a Brachial Plexus injury can suffer from Erb's palsy, Klumpke's palsy or Brachial palsy.

Symptoms of Brachial Plexus injury:
- forearms are turned in and wrists are bent
- limp arm, unable to be raised by he infant
- droopy eyelid on the side of the injury, known as Horner's Syndrome.

If you would like to read more on this topic see Brachial Plexus Injuries.

Continue reading " What Is Brachial Plexus Injuries to Children? What Are The Legal Rights of My Injured Child? " »

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the Consumer Product Safety Commission (CPSC), families of about 200,000 children confront injuries associated with unsafe playground areas and equipment annually; an estimated 51,000 incidents / accidents occur on home playground equipment. Most of the injuries result from falls.

Below are some basic strategies parents and other adults can use to reduce the risk of injury on home playgrounds:

1. You alone can prevent injuries from occurring. - Inspect the equipment before you allow your children to play on it and constantly supervise children while playing.
2. Make sure play areas are bordered with proper cushion. - Remember most injuries are the result of children falling from playground equipment. Equipment surrounded with shock absorbing cushion will ensure less severe injuries.
3. What should you avoid? - Play areas surrounded by concrete, asphalt, grass or dirt. Always use protective surfacing.
4. Inspect the play area. The following conditions should be removed, repaired or corrected immediately: (a) unsafe openings as these create head entrapments and increase the risk of strangulation; (b) install guard rails; (c) remove exposed moving parts of play equipment as these create the risk of pinching or crushing; (d) never wear bicycle helmets on playgrounds - helmets can get stuck in the equipment and increase the risk of strangulation; and (e) avoid dressing your children in loose clothing or clothing with strings - these types of clothing can get wrapped around a child's neck resulting in strangulation.

To read more safety tips and advice regarding playground areas see Simple safety instructions for playgrounds.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Baja Motorsports, a Phoenix-based company, recently recalled 308,000 mini bikes and go-carts after a child was seriously burned. According to the Consumer Product Safety Commission (CPSC), the gas caps on the Chinese-made vehicles can detach or leak, posing a fire hazard. Also, there is a problem with the vehicles' throttle; it can get stuck causing the vehicles to unexpectedly accelerate.

Baja Motorsports received 9 previous reports of detached or leaking gas caps, including one that led to a child being seriously burned. The company also received 25 reports of stuck throttles, which led to injuries to the face and body.

The go-carts and mini bikes were sold by various retailers nationwide as well as online retailers.
If you would like to read more on this story, see a list of online retailers and get a contact number to receive a free gas cap or repair see Over 300,000 mini bikes and go-carts recalled.