Child Injury Lawyer Blog

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

In Texas and other States, falling tree branches can cause serious personal injuries to children and other visitors to homes. Because of this, it is important for homeowners and all property owners to maintain trees and landscapes so as to prevent personal injuries to children and other visitors. A homeowner could be liable for a fallen tree branch depending on the laws for the particular State. Some States Courts assess faults if the homeowner knew or should have known of the dangerous condition of the tree or tree branch. If there was visible rotting or weakness with a tree branch, then this could serve as the basis for liability against a homeowner.

In Conroe, Texas, a tragic incident took place while a child was at a family gathering. There was an swing tied to the tree but there was some concern that the tree was sturdy enough to handle the swing and occupants of the swing. When an adult tugged on the swing to see if it was sturdy enough - the tree branch came down and struck a child. The child was later life flighted to a hospital for treatment. You can read more about this story at Falling Tree Branch Critically Injured Conroe, Texas Child.

You can read more about homeowner's insurance claims and child injuries in the book - ">The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive a free copy of this book by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many children and parents believe that a BB gun is a toy and posed no real danger to children. Many child safety advocates would disagree. In Logansport, Indiana, a 6 year old girl suffered personal injuries when she was accidentally shot in the head by a BB gun at a younger friend's house. The younger friend was only 3 years old. Lt. Cathi Collins with the Logansport Police Department reported that the 6 year old (Ariana Roman) was be treated and monitored at the Fort Wayne Hospital - Pediatric Intensive Care Unit. The BB gun shot incident caused damage to an artery in the brain and a skull fracture. The BB gun at issue was placed on a shelf but was still within reach of the children.

When there is an injury that takes place at another person's home, a personal injury claim can be pursued against the homeowner's insurance policy where the incident took place. The coverage or non-coverage of the personal injuries will depend on the language of the insurance policy and any exclusions that may be part of the policy. If a firearm or BB gun injury is accidental, most homeowner's policies will cover the resulting injuries. You can read more about homeowner's insurance claims and child injuries in the book - ">The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive a free copy of this book by clicking here.

A BB gun should be safeguarded similar to other firearms and weapons. Parents should safety secure BB guns and other items that may cause harm to a young child. It is well know that children lack safety awareness and good judgment. Because of this, it is vital that BB guns be removed from the home or at least stored safety away from the reach of children.

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

A lawsuit over an incident occurring in 2004 has finally been settled. The family of Anthony Flott, now 7-years-old, brought the lawsuit on the Anthony's behalf after he was dropped and hit his head at a Sleepers to Sneakers day care center. Anthony was 5-months old when the incident occurred. A caregiver was holding the baby when he slipped out of the caregiver's arms and hit his head on a concrete floor. Anthony's mother, Vicki Hodges, says she was not informed about the incident and later that night she had trouble waking him for a feeding. Hodges took her son to a hospital where doctors discovered the infant needed emergency brain surgery.

Chippewa County Judge Jim Isaacson has approved a settlement of $775,000 for the family of Anthony Flott. If you would like to read more on this story please see >2004 lawsuit over baby dropped at a daycare finally settles.

It is imperative that day care employees understand their responsibilities as child care providers. When an incident occurs and a child is injured or likely to have sustained injury, day care providers and employees have duty to inform the child's parent. Failing to inform a parent about incidents regarding their child's health and well-being is neglectful and increases the chance that the child will sustain permanent injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Michael Boulware, a 26-year-old former Sumter County, South Carolina, deputy will spend 12 years in prison for having sex with a 14-year-old girl back in July 2009. On November 8, 2010, Boulware pleaded guilty to Criminal Sexual Conduct with a Minor in the 2nd degree.

Boulware was initially charged with three counts of contributing to the delinquency of a minor after he purchased alcohol for three 14-year-old girls; one victim is the daughter of a South Carolina Highway Patrolman. Because of this incident, Boulware was immediately terminated. While officials were investigating the original charges the CSC charge was added. He will placed on the central registration of abuse and neglect. If you would like to read more on this story please see Former Sumter County, SC deputy will spend 12 years in prison after pleading guilty to sexual misconduct.

Abuse inflicted upon a minor, whether physical, sexual or emotional, is a depraved act, which can cause that child to suffer from lifetime consequences of the abuse, both physical and emotional. Children have rights that are to be protected from horrendous invasions such as this. If you are someone you know is the victim of abuse, contact local authorities. Contacting authorities will prompt a criminal investigation and more than likely stop the abuse sooner rather than later.

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

A little girl, believed to be about 3-years-old from Charlotte, North Carolina, is clinging on to life after falling into her family's in-ground pool. The child was playing with her parents outside in the family's backyard when in a moment's time the parents discovered their child was gone. After searching the nearby area, the child's father found her in the pool, which was almost drained and had only a few feet of water in the pool. The parents performed CPR on the child until rescue units arrived. Once the paramedics arrived they performed CPR on the child until arriving at the hospital. Doctors at the emergency rooms reported they did discover vital signs.

The little girl was listed in critical condition at Carolinas Medical Center. If you would like to read more on this story please see Young girl in critical condition after falling into family's in-ground pool.

This tragic incident has been a wake-up call for neighbors of the little girl and her family. Parents need to always take safety precautions when their children are around water. A key way to prevent your child from sustaining harm or drowning is to maintain constant supervision over your child. Knowing a child's whereabouts at all times helps prevent him or her from getting into dangerous situations and allows you to act faster in providing help. Of course, accidents or incidents do happen. Parents are not perfect and do their best to keep their children out of harm's way.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

target="_blank">

Thanksgiving is a time for families to get together and share a home cooked meal. It is a busy time of year in most kitchens. Because of this, safety precautions should be taken by all of those cooks, chefs, and helpers to make sure that children do not suffer injuries as a result of fires, burns, sharp objects, or other potential dangers in the kitchen. It has been reported that cooking related fires are the number one cause of fires and related personal injuries in the United States. Thanksgiving Day, due to the increased amount and time spent cooking, brings with it an increased frequency or percentage of kitchen related injuries due to fires and burns. The following safety tips and precautions should be followed to make the Thanksgiving holiday and all other days of the year safer for children, family members, and visitors to the home:

1. Always supervise the kitchen (in the kitchen) when there is an item cooking / cooking appliances are in use.

2. We all know about drinking and driving. Well, it is also dangerous to cook under the influence of drugs or alcohol. Being alert and having good judgment are vital to a safe kitchen.

3. Clear the areas around ovens and stoves to prevent any stray items whether food, plastic, wood, or other from catching on fire.

4. Periodically clean the oven, stovetop, and burners. Also, make sure that all cooking appliances are well maintained and in good repair.

5. Watch what you wear while cooking. Loose clothing like a long shirt, tie, or other clothing item can catch on fire if you are not careful.

These and other tips for kitchen safety are posted at the Safe Kids Website. See Kitchen Safety.

Por David Wolf, Abogado
Publicado por La Red de Todas las Lesiones Infantiles

Acción de Gracias es un tiempo para que las familias se reúnen y comparten una comida casera. Es un tiempo muy ocupado del año en la mayoría de las cocinas. Debido a esto, las precauciones de seguridad deben ser tomadas por todos los cocineros, cocineros y ayudantes para asegurarse de que los niños no sufren lesiones como consecuencia de los incendios, quemaduras, objetos cortantes, u otros peligros potenciales en la cocina. Se ha informado de que los incendios relacionados con la cocina son la causa número uno de incendios y lesiones personales relacionadas en los Estados Unidos. Día de Acción de Gracias, debido al aumento en la cantidad y el tiempo de cocción, trae consigo un aumento en la frecuencia o el porcentaje de lesiones relacionadas con la cocina a causa de incendios y quemaduras.
Los siguientes consejos de seguridad y precauciones que se deben seguir para hacer la fiesta de Acción de Gracias y todos los demás días del año mas seguros para los niños, miembros de la familia y visitantes de la casa:
1. Siempre supervise la cocina (en la cocina) cuando hay algún aparato de cocina prendidos.
2. Todos sabemos acerca de manejar y tomar. También es peligroso cocinar bajo la influencia de drogas o alcohol. Estar alerta y tener buen juicio son vitales para una cocina segura.
3. Limpiar las áreas alrededor de los hornos y las estufas para evitar que algún elemento se incendie como plástico y la madera.
4. Limpie periódicamente el horno, anafe, y quemadores. Además, asegúrese, de que todos los aparatos de cocina están bien mantenidos y en buen estado.
5. Mire lo que te pones al cocinar. La ropa suelta, como una camisa larga de corbata, o un elemento de otras prendas de vestir pueden incendiarse si no se tiene cuidado.

Estas y otras sugerencias sobre seguridad en la cocina se publican en el sitio web de Safe Kids ver. Seguridad en la Cocina.

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

In Texas, a day care center has the duty to provide a safe learning environment for children. Infants and toddlers are at risk for injury if the facility is not properly maintained and / or if proper supervision is not provided by the child care providers. When there is a serious injury that takes place a day care center, most State child protective service agencies will investigate the incident to determine the cause and preventability of the incident. One such incident recently was reported involving a Kyle Texas day care center (Little Lyon Daycare). It was reported that a 10 week old child is fighting to hold onto life following a serious head injury that may have taken place at the Texas day care center. The owner of the day care center was arrested and charged with injury to a child which is a felony criminal offense. The owner will be entitled to defend herself regarding the charges through a Texas criminal defense attorney or the services of the local public defender's office. See 10 Week Old - Serious Personal Injuries - Investigation by the State of Texas Child Protective Services.

Por Scott A. Marks, Abogado y David Wolf, Abogado
Publicado por La Red de Todas las Lesiones Infantiles

El Staples Center es el hogar del equipo de baloncesto de Los Angeles Lakers en la NBA. El Staples Center es también el punto focal de una investigación sobre la muerte de un niño de 2 años de edad (Lucas Anthony Tang), quien cayó de una suite de lujo mientras asistía el partido entre los Lakers y los Golden State Warriors. El incidente tuvo lugar el 21 de noviembre de 2010, cuando Lucas se cayó un muro bajo en una de las suites de lujo en el Staples Center. El incidente tuvo lugar del nivel superior del tercer nivel de la suite de lujos pocos minutos después de la partida término en una victoria para los Lakers. Se informó de que los padres estaban buscando al niño justo antes de la caída.

Medidas de seguridad para los niños deben ponerse en marcha si los niños son conocidos por estar en un área determinada. Los niños tienen conciencia de seguridad deficiente y trepar, saltar, o de otra manera se ponen en una posición peligrosa. Debido a estas tendencias conocidas de los niños. Áreas de espectadores deben estar diseñados para evitar que los niños estén en peligro. Por supuesto, un padre tiene el deber de supervisar, sin embargo, no es razonable que un padre para asumir que un área es segura si está abierto al público, incluidos los niños.

La Policía de Los Angeles y posiblemente otras entidades a investigan este asunto para determinar cómo ocurrió el incidente y si las precauciones de seguridad que hayan o pudieran haber llevado a cabo antes de esta trágica muerte del niño. Para más información ver Policía Investiga la Muerte Trágica de un Niño de Dos Años en el Staples Center.

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

The Staples Center is the home of the Los Angeles Lakers NBA basketball team. The Staples Center is also the focal point of an investigation regarding the death of a 2 year old boy (Lucas Anthony Tang) who fell from a luxury suite while attending the game between the Los Angeles Lakers and the Golden State Warriors. The incident took place on November 21, 2010 when Lucas fell over a low wall in one of the luxury suites at the Staples Center. The fall incident took place from the third level top tier of the luxury suite just minutes after the game ended in a victory for the Lakers.

It was reported that the parents were looking for the boy just prior to the fall.

Safety precautions for children should be put in place if children are known to be in a certain area. Children have poor safety awareness and will climb, jump, or otherwise put themselves in a dangerous position. Because of these known tendencies of children. spectator areas should be designed to prevent children from harm's way. Of course, a parent has a duty to supervise; however, it is not unreasonable for a parent to assume that an area is safe if is open to the public including children.

The Los Angeles Police and possibly other entities will investigate this matter to determine how the incident took place and if any safety precautions should have or could have been implemented prior to this tragic death of the toddler. See Police Investigating Tragic Death of 2 Year Old From Fall at Staples Center.

Por David Wolf, Abogado
Publicado por La Red de Todas las Lesiones Infantiles

Reverendo John Jenkins, presidente de la Universidad de Notre Dame, ha admitido recientemente la responsabilidad en la muerte trágica de Declan Sullivan, un camarógrafo estudiante de 20 años en la universidad. Sullivan murió cuando un elevador hidráulico que estaba en volcó mientras él estaba filmando una práctica de fútbol al aire libre. El Servicio Meteorológico Nacional informó de ráfagas de hasta 51 kilómetros por hora en el día que ocurrió el incidente.

El Estado de Indiana se sigue investigando el incidente. El Estado de Indiana está buscando en el lugar de trabajo si las normas federales y estatales de seguridad y estándares de la industria que prohíbe el uso de andamios de los trabajadores durante los fuertes vientos y las tormentas fueron violadas. Las autoridades también tienen previsto revisar si Sullivan recibió ningún entrenamiento antes de usar el elevador de tijera. Si desea leer más sobre esta historia consulte Presidente de Notre Dame recientemente admite la responsabilidad en la muerte del estudiante.

La muerte de este joven es una tragedia para su familia y la comunidad. El entrenamiento de seguridad y otras precauciones de seguridad pueden parecer tedioso y sin sentido, a veces, sin embargo, es imperativo que las normas de seguridad seguir los empleadores y las escuelas. Siguiendo los lineamientos de seguridad impedirá que los trabajadores y estudiantes de sufrir una lesión personal, así como prevenir las muertes trágicas.

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

Typically, amusement parks and theme parks are great fun and a wonderful place to spend time with family and friends. Unfortunately for some amusement and theme parks are the sites of tragic injuries that a person must endure for a lifetime. In some instances, visitors including children die at theme parks and amusement parks. What should be a place of joy and fun turns into a place of sorrow and grief.

In Wisconsin, a 13 year old girl - Teagan Marti - fell approximately 100 feet to the ground from an amusement park ride. She was hospitalized in Wisconsin and then transferred to Jackson Memorial Hospital in Miami, Florida. The incident took place at the Extreme World Amusement Park located in Wisconsin Dells. Safety devices in the form of nets and air bags were not raised. As a result thereof, Teagan suffered serious personal injuries to her brain, spine, liver and other organs. She spent a month a a children's hospital based in Madison, Wisconsin - American Family Children's Hospital.The ride operator has been charged criminally by Wisconsin authorities for the incident. You can read more about Teagan's injuries and the incident at 13 Year Old Girl (Teagan Marti) Released from Hospital Following Injuries from 100 Feet Drop at Wisconsin Amusement Park.

See also State of Wisconsin Department of Commerce Requires Accident or Incident Report Regarding Personal Injuries Sustained by Guests / Riders.

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Rev. John Jenkins, President of Notre Dame University, has recently admitted responsibility in the tragic death of Declan Sullivan, a 20-year-old student videographer at the university. Sullivan was killed when a hydraulic lift he was on toppled over while he was filming an outdoor football practice. The National Weather Service reported gusts up to 51 mph on the day the incident occurred.

The State of Indiana is still investigating the incident. The State of Indiana is looking into whether federal and state workplace safety rules and industry standards prohibiting workers from using scaffolds during high winds and storms were violated. Authorities are also planning to review whether or not Sullivan received any training before using the scissor lift. If you would like to read more on this story please see Notre Dame President recently admits responsibility in student's death.

The death of this young man is a tragedy for his family and community. Safety training and other safety precautions may seem tedious and pointless at times, however, it is imperative that safety regulations be followed by employers and schools. Following safety guidelines will prevent workers and students from sustaining personal injury as well as prevent tragic deaths.

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

In Austin, Texas and other cities, parents, caregivers, day care providers, child care providers, and, yes, babysitters should recognize that small children are at risk of serious personal injury from any act of pushing shoving, hitting, shaking, and / or punching. Infants and toddlers will cry. They will disobey and they will throw fits. Child care providers must recognize that small children are small children. In dealing with children, the answer should never be to raise a fist to the child, to push the child, or to shake the child. This is especially important since small children are at risk for Shaken Baby Syndrome which can lead to serious permanent brain injuries and in some instances death.

In Austin, Texas, it was reported that a child under the care of his Uncle suffered serious personal injuries in the form of significant brain injury which, in turn, lead to the 2 year old's death. The death of Carlos De La Rosa is being investigated by police. The investigation will include an autopsy and a review of statements. The child was being cared for by his Uncle - Mark Paniagua. The Uncle contacted 911 and reported that the child fell back from a sitting position and thereafter hit his head on the concrete. The boy was later transported to Dell Children's Medical Center where he was evaluated. While attempts were made to treat him and save his life, these attempts were unsuccessful. Medical providers at the hospital did not observe any outward or outside signs of trauma to the boy's head. Because of this, the medical providers reported to the police that the observable signs of injury and medical testing were inconsistent with the history reported by the Uncle. The Medical Director reported to the Child Abuse Resource Center were indicative of child abuse. It was reported in the news story that the Uncle later told police that he actually threw the child while he was caring for the child in the direction of the child's mattress. This matter will be thoroughly investigated by police and children services to determine the cause of death. While it is unlikely that the Uncle purposely wanted to harm the child, careless or reckless conduct can lead to criminal charges. You can read more about this story at Texas 2 Year Old Dies After Uncle Threw Him.

Por Thomas J. Duff, Abogado y David Wolf, Abogado
Publicado por La Red de Todas las Lesiones Infantiles

La Corte Suprema de Iowa recientemente dictó una sentencia que dictaminó que las formas de renuncia de lesiones infantiles no se pueden hacer cumplir. Se trataba de una forma de liberación utilizado para viajes de campo en medio de la pradera y Distritos Escolares de Keota. La decisión tiene sentido el uso de estos documentos es realmente en contra de la política pública. Mientras que una escuela no se hace responsable de todas las lesiones o eventos fortuito que tiene lugar, una escuela o un maestro no debe ser capaz de esconderse detrás de un formulario de exención general cuando hay una lesión que fue causada por negligencia o supervisión inadecuada. Ninguna forma o documento debe dar un distrito escolar o cualquier otra institución que se preocupa por o educa a los niños un reino sin causar un daño sin ninguna consecuencia. Puede leer más sobre esta historia La Corte Suprema de Iowa falla que las exenciones de responsabilidad son inaplicables.

Una cosa está perfectamente clara acerca de los formularios de exención de responsabilidad si considerará o no válido en un estado particular. Formularios de exención de responsabilidad no hacen absolutamente nada para velar por la seguridad de los niños. En lugar de gastar tiempo y esfuerzo para encontrar una manera de evitar la responsabilidad, escuelas, centro de día, y los proveedores de cuidado de niños deben pasar el tiempo y esfuerzo a asegurar la atención adecuada, la educación y cuidado de niños. Esto, a su vez, ayudará a evitar muchas lesiones de niños y disminuir supuesta necesidad de un relevo de responsabilidad por la escuela o proveedor de cuidado infantil.

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

A motorist, driving a sports utility vehicle, lost control of the automobile sending 14 people to the hospital, 12 of whom were children. Nine children were reported seriously hurt, three were in fair condition and two adults were also hospitalized in serious condition. The driver of the SUV will be cited with child endangerment and several seat belt violations, as the 12 children passengers were not properly restrained in the Ford Explorer Eddie Bauer edition.

A witness reported the unidentified female driver of the Ford was not speeding but lost control for unknown reasons. After losing control of the SUV, the automobile rolled up the embankment and flipped multiple times, according to the witness.

Most of the passengers sustained serious personal injuries including broken bones and superficial wounds. However, none of the injuries were reported as life-threatening. If you would like to read more on this story please see Driver loses control of SUV, injures 12 children and 2 adults.

Passenger safety in automobiles is very important. Automobiles are only meant to carry a certain number of passengers and exceeding this limit exposes all passengers in a packed vehicle to possible injury and harm. The driver also subjects him or herself to liability for the personal injuries of the passengers, especially if the passengers are minors.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

n Nebraska and other States, parents entrust the safety and education of children to day care centers. Often times, a working parent have no other choice but to rely on day care centers while the parent earns a living to support the family. Day care centers can also be a great place to socialize and educate the child prior to Voluntary Pre-Kindergarten and Kindergarten. Nebraska day care centers have a both a legal and moral duty under the law to properly supervise and protect children enrolled in the program. Unfortunately and tragically in some instances, day care centers breach this duty. Shaken Baby Syndrome is caused when a child is shaken or otherwise suffers physical trauma can cause serious injuries to a small child's brain.

In Sarpy County Nebraska, a day care provider was recently arrested and charged with child abuse for what authorities believe is an incident of Shaken Baby Syndrome. Due to the severity of the injuries and concerns by State authorities, the day care license for this in home day care center was suspended per an emergency order. The incident was reported to the Sarpy County Sheriff's Office by the Children's Hospital and Medical Center - Omaha, Nebraska. The child who suffered the personal injuries is only 6 months old. The day care provider, Diane Honaker, was responsible for the care of 7 children in her home.

News reports did not provide details of how the incident took place or the details of the charges against the day care provider. Ms. Honaker will be entitled to representation by a Nebraska criminal defense attorney or a public defender. Shaken Baby Syndrome injuries often times occur when a caregiver gets frustrated with the crying or behavior of a child. Shaking the baby may quiet the baby but it can also cause serious irreversible brain damage to the child. The cries and annoyances of a child are no excuse for child abuse. Never ever shake a baby . . . every day care provider, child care provider, and parent should know this and follow this very basic rule of child care. You can read more about the Nebraska story at Day Care Provider Charged with Child Abuse of 6 Month Old.

When a parent is dealing with a child injury, there are many questions that arise and issues to handle. A great resource for parents is a book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. If you are a parent with questions about a child injury, you can get a free book by clicking here. Injured children have legal rights and can and should be enforced.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In July 2010, Raymond L. Messinger, 47, was charged with molesting 3 girls at the day care center where he volunteered, Bonnie Bretzman Day Care Services. The victims of the alleged abuse were two 8-year-old girls and one 7-year-old girl. Recently, Messinger was charged with more counts molestation. Messinger has now been charged with one count of aggravated indecent assault of a child and two counts of indecent assault of a person under 13-years-old. Messinger is entitled to an attorney. If you would like to read more on this story please see More Child Molestation Charges Filed - Day Care Center Incidents.

Also, if you would like to read a summary of the first charges placed against Messinger back in July please see Gettysburg, Pennsylvania Day Care Volunteer Accused of Molesting Children at Day Care Center.

Abuse of any type, whether it be sexual, physical or mental, upon a child is a repugnant crime. Child victims may suffer a lifetime of physical and emotional trauma as a result of the abuse. If you or someone you know suspects acts of abuse against a child you should contact local authorities immediately. Contacting local authorities will initiate an investigation and, hopefully, stop the abuse.

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

In Milwaukee, Wisconsin, it was reported that a 5 year old boy enrolled in a Milwaukee day care center was left in a van for 9 hours. There are dangers in leaving a child in a van. If the incident takes place during hot weather, the child is at risk for hyperthermia. If the incident takes place during cold weather, there is a risk of hypothermia. No matter the weather, there are also other risks when leaving a child unattended in a vehicle. These risks include those related to strangulation and choking. In addition, if a child is left unattended in a vehicle, there is also a risk of abduction and risk of injury if the child wanders away into traffic or or into other dangerous situations.

Fortunately, the 5 year old boy who was left in the van for 9 hours did not need medical attention. He was attending Kreative Kids Creative Learning Center. The facility should thank its lucky stars that nothing happened to this child. It was only when the mother came home at midnight did she discover that her child was missing. For some reason, the babysitter did not question why the other driver was not dropped off at the end of the day. Regardless of the babysitter's actions, the day care center had a duty to make sure that all children got off the van and made it to the child's destination. Because of the reckless actions or inactions of the driver and the driver's assistant, both were arrested by Milwaukee authorities. You can read more about this story at Boy, Age 5, Left Inside Milwaukee Day Care Center Van for 9 hours.

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

In California and other States, law enforcement officers often times send out public safety announcements. One issue that is often addresses in these public safety announcements is gun safety. Kern County California Sheriff Donny Youngblood recently spoke about gun safety and the tragic scenes that his police officers respond to. Namely, responding to a scene in which a child is shot "tugs at your heart" according to Youngblood.

It is important that all gun owners think safety first when possessing and storing guns. It is well know that children are curious and do not understand or realize the true dangers of guns and firearms. The confusion is only amplified by the marketing and distribution of toys that look just like real guns and firearms.

You can read more about Sheriff Youngblood's message and gun safety issues at Sheriff: Keep Guns Away from Children.

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

Amusement rides and parks are regulated in part by the State of Wisconsin Department of Commerce. Pursuant to Section (Commerce) 34.41 of the Wisconsin Administrative Code, the owner / operator of the amusement ride has a duty to notify the Department of Commerce of every accident or incident involving a personal injury that requires more than just onsite first aide. The reporting of accidents and incidents is required by law. The reporting of incidents and accidents provides documentation for the state regulators for investigation and possible action to either shut the ride or amusement park down or make remedial recommendations to provide for the safety and protection of guests including children. You can review the actual document required for the reporting of these personal injury incidents and accidents at Wisconsin Amusement Ride Accident Report Form.

You can read more about Theme Park and Fairground Injuries as well as other topics in the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can request a free copy of the book by clicking here.

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

In Sheboygan, Wisconsin, a hit and run accident was reported. An 11 year old child was walking in a crosswalk when he was hit by a vehicle. The driver of the vehicle hit the child and then fled the scene. It was reported by police that the child was approximately four to five feet into the crosswalk when he was hit by a red four door compact vehicle.

It is truly a cowardice act to run into a child pedestrian and flee the scene. Hopefully, some leads will come into police on this incident and the driver will eventually have to answer for his or her actions. You can read more about this story at Wisconsin Child Suffers Personal Injuries in a Hit and Run Accident.

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

In Oklahoma and other States, amusement parks and amusement rides are subject to regulation and inspection by a division of State government. In Oklahoma, the Department of Labor is charged with the responsibility of inspecting and regulating amusement parks and amusement rides. The Oklahoma Amusement Ride Safety Laws are found under Chapter 40, Oklahoma Statutes, Section 460. It is important that amusement parks and owners / operators of amusement rides following the regulations set for in the Oklahoma Statutes. You can review these laws at Oklahoma Amusement Ride Safety Laws.

Pursuant to Section 461 - Definitions, an "Amusement Ride is defined as follows:

"Amusement ride" means a device or combination of devices or elements that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment. Amusement ride includes any amusement park device that uses treated water as the means of transportation, including the structure and water quality of the device.

The owner / operator of an Amusement Ride has a duty under Oklahoma Statutes to obtain a Certificate of Inspection from the State of Oklahoma - Department of Labor. In order to obtain such a Certificate, the ride must be inspected by the State of Oklahoma before it is put into use and thereafter at least once a year. In addition, a ride must be inspected each time that the ride is disassembled or reassembled.

A recent tragic accident was reported in Oklahoma involving the death of Jaylen Wolf - age 8 - when a barrel ride overturned that was being towed by an ATV. See Tragic Accident at Oklahoma Fairgrounds - Legal Rights and Responsibilities.

As part of the investigation into this matter, authorities will review the documents related to the Amusement Ride, compliance with State laws, and safety precautions in place or needed for a ride of this nature.

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

In Oklahoma, a tragic fairground accident was report where a child died and 4 others suffered personal injuries. The accident involved a barrel ride which was described as an ATV (All Terrain Vehicle) towing barrels that children / riders occupied. During the ride, the 55 gallon barrels overturned. Authorities reported that the an 8 year old girl was later pronounced dead at Marietta Hospital from personal injuries related to this incident. The Oklahoma Highway Patrol (OHP) identified the girl as Jaylen Wolf of Marietta, Oklahoma. You can read about this story at Girl (Jaylen Wolf) Dies as a Result of Oklahoma Fairground Accident - Barrel Ride Overturns.

News report did not provide details of whether the ride was manufactured by a company or manufactured by an individual. It would be important to determine what kind of safety tests and inspections were completed prior to having guests / children use the ride. Were the barrels susceptible to tipping? What kind of safety measures were put in place (if any) to deal with a tipping barrel? What speed was the ATV going at the time of the incident? Was the terrain a factor in causing the barrels to tip over?

Fairgrounds can be sites of great fun. As you can see here, fairgrounds can also be sites of horrible tragedy and serious personal injuries.

The design, operation, and inspection of the barrel ride system will be pertinent to both the homicide or death investigation by authorities. These issues are also important should the personal injury victims and their families pursue a civil case for the damages / injuries sustained as a result of this incident.

Injuries sustained at a theme park or fairground are often times serious and quite difficult for a family to deal with from the practical, medical, psychological, finanical, and, yes, legal standpoint. You can read more about Theme Park and Fairground Injuries as well as other topics in the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can request a free copy of the book by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman of Huntington, West Virginia, was arrested on a charge of child neglect resulting in injury. The arrest came after a 10-month-old child was allegedly struck in the face at a day care center. The woman was identified as Pamela Faye Taylor, 63. The incident occurred sometime in October and involved a child who had a red mark on his face in the shape of a hand and a bruise on his forehead. It is believed that the toddler sustained his injuries at Pam's Kids Daycare in Huntington. Taylor will be entitled to legal representation by a West Virginia criminal defense attorney or public defender. If you would like to read more on this story please see Woman arrested after child allegedly struck in face at day care facility.

Children should not be the victims of violence that resulted or could result in serious personal injuries to the child. There is a fine line between disciplining a child and committing child abuse. Day care providers need to be aware of this hazy area and err on the side of caution.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman of an unlicensed day care in Yacolt, Washington, was arrested after she was found passed out in her minivan with two children inside. The woman was identified as Sheia Mikolos, 45. According to authorities Mikolos was drunk and passed out behind the wheel. Along with the two children inside the minivan were empty and half-empty cans of beer. Mikolos was arrested on two counts of Reckless Endangerment. The children were inspected by medics then turned over to Child Protective Services, they were later returned to their parents. Mikolos is entitled to representation by a Washington criminal law attorney or a public defender. To read more on this story please see Owner of unlicensed day care center arrested after found passed out in car with two children.

Drunk driving is illegal, unsafe and highly irresponsible, especially if children are in the car with the drunk driver. Alcohol reduces ones judgment as well as impairs a person's visions and other senses. Children require constant care and supervision. Consuming alcohol while attending to the needs of a child will only negatively affect one's capabilities to properly care for and supervise the child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former director of an Oregon, Wisconsin day care center was recently charged with three counts of child abuse and one count of suffocation for allegedly abusing children in her care. Heather M. Hook, 34, of Madison, Wisconsin, was director of the Foxboro Child Care Center. According to the criminal complaint, Hook allegedly tried to force a 15-month-girl to drink her milk and after the child refused, Hook allegedly shoved the toddler's face in a pile of pillows. The girl's mother told police she noticed bruises on her child's body, that included a possible bruise to the child's head and broken blood vessels on her side. Another mother also told authorities she noticed bruises on her 10-month-old son that were not present the day before. A Foxboro worker informed police of an incident where Hook grabbed the 10-month-old boy and carried him like a ball to an area after the boy was playing near a slide he was not suppose to be. The boy's bruises were examined by Dr. Barbara Knox, a child abuse expert at UW Children's Hospital, and described them as abusive in nature.

Hook was released on signature bond and ordered not to have unsupervised contact with children. She will be entitled to an attorney and to defend herself against the allegations against her. If you would like to read more about this story please see Former director of an Oregon day care center charged with multiple counts of child abuse.

It is unfortunate that incidents similar to this one occur all too often. Directors of day care centers and other employees of day care centers lose restraint and hurt a child under their care. Day care employees need to understand that they are much stronger than the children under their care and some types of force may be borderline abuse. Therefore, is it important for all day care employees to use patience and good judgment when dealing with the children under their care and supervision.

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

It is unfortunate, but it happens too frequently: a child becomes injured at a day care facility. Thereafter, an investigation is initiated and the investigation reveals the facility was not properly licensed or has otherwise violated state codes. The State of Wisconsin is now working towards strict compliance with state codes regarding the regulation, licensing and inspection of day care facilities. Among these types of regulations include but are not limited to: weekly checks of smoke detectors, rules to keep diaper changing areas and bed linens clean, rules requiring supervision, car seat checks and approved menus for the children. Also, the state requires day care providers to keep logs of the children's activities and security systems, including fire alarm drills and other disaster drills. Background checks of staff members is also required.

Some day care providers find compliance with the rules easy to comply. However, other providers of small, home-based day care facilities find the rules to be somewhat burdensome. Usually the smaller, home-based facilities lack the type of funding that larger-scale facilities have. Also, the larger day care centers have more employees, thus more supervision. However, that does not necessarily mean larger facilities are better. For example, owners of larger day care facilities should run yearly background check on all its employees. It is all about compliance with the rules and child keep your child safe. To read more on this topic please see Wisconsin requiring strict compliance with day care regulations.

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

Bobby Maurice Tillman tragically died from injuries related to a senseless beating that took place near a home where a party was being held. The Douglas County County Coroner reported that Bobby died as a result of a lacerated heart that was directly related to the beating injuries. It was reported that Bobby was attacked by four individuals. Standing at only 5 Feet 6 Inches tall and only weighing 125 pounds, Bobby had no way to defend himself from these criminal and viscous acts of others.

The four alleged attackers face felony murder charges for their role in the death of 18 year old Tillman. Each defendant will be entitled to the services of a public defender or the services of a Georgia criminal defense attorney for these serious criminal charges. See Teen Beaten at Party Dies from Lacerated Heart.

It was reported that no drugs or alcohol was observed at the scene by law enforcement. The parents of Tillman could pursue a civil case against these individuals for the death of Bobby but this would do nothing to bring Bobby back to them. Any monetary judgment through a civil action may be uncollectible from a practical standpoint if the individuals own no assets to levy in satisfaction of the judgment. Beyond the individuals involved, there may be liability on the part of the homeowner who hosted the party if there was an indication or some kind of foreseeability that the incident was going to take place and no action was taken to protect Bobby or other guests involved.

Violent acts like the ones that were committed against Bobby Maurice Tillman are quite disturbing. Parents cannot stand by their children every waking moment of the day. We do our best to protect our children and raise them with expectations that they will live a long and fulfilling life. It is a shame that deaths like this continue to take place in our society.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Irene Martin, a 37-year-old woman and day care provider, made her first appearance in Hendricks County Court after she was charged with child abuse. Martin was formally charged with 3 felonies of battery and neglect of a child due to an incident that happened at her home, which she runs at a day care.

The incident occurred on October 15, 2010. It was reported that Martin originally told police that Corbin Hutchinson, a two-and-a-half-year-old under Martin's care, fell into a bathtub. However, Martin later changed her story, telling police she was bathing Martin after he had gotten urine on himself because he was being potty trained. Martin said she took Corbin to the utility sink her home garage to wash him off. She left Corbin unattended to go get a change of clothes for the toddler when she heard Corbin crying, she told him to remain in the sink. When Martin returned to the garage she noticed steam coming off the water, she then turned off the hot water and continued to let the cold water run. The child remained in the sink during this time and for several minutes after. Again, Martin left Corbin in the sink and eventually returned to change him. While she was changing him she noticed severe burns on Corbin's back, groin, buttocks and legs. Martin also told police she phoned telephone members first to inform them about the accident, more than an hour later she called the police. Martin also confessed to police that she was neglectful and only thought about herself after the injury occurred.

Corbin was taken to a local hospital and then was transported to Riley's Burn. According to his let check-up, he is still being treated for the burns.

Martin has no criminal record and entered into a not guilty plea. She is scheduled to go in front of a jury sometime in January. Ms. Martin will be entitled to defend herself against these criminal charges through an Indiana criminal defense attorney or a public defender. If you would like to read more on this incident please see Indiana day care owner charged with child abuse after toddler sustains severe burns.

Day care owners have a duty to care for and protect the children under the care. Parents instill a tremendous amount of trust in day care centers and its employees and providers to care for their children when they cannot. This a duty that should be given paramount importance and never neglected.

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

The Middlesex County Prosecutor, Bruce Kaplan, announced that the death of a 17-month-old toddler that occurred earlier this year at a Perth Amboy Day Care Center was an accident. The medical examiner concluded the cause of death to be asphyxia, in combination with two respiratory ailments, bronchopneumonia and bronchitis.

The incident occurred at a Perth Amboy, New Jersey day care center after the child became trapped between the mattress and plastic mesh siding of his crib. Pressure coming from the siding and the mattress restricted the flow of oxygenated blood to his brain. Police received a call workers at the day care facility and attempted to revive the child after arriving on the scene. The toddler was transported to Raritan Bay Medical Center, where he was later pronounced dead.

After the toddler's death, the owner of the day care facility, Maggie's Little School, was fined $2,000 and ordered by the city to vacate the building after the structure was deemed unsafe. The owner was using the house she owns as the facility, a violation of Perth Amboy, New Jersey's use-variance law because she did not live in the building. The owner was fined and given a summons because she did not have the correct certificate of occupancy for the structure. Also, a spokeswoman for the New Jersey Division of Children and Families said the state had no records that the day care was licensed or registered.

In New Jersey, registration is voluntary for those caring for five or fewer children. Licensing is required for those facilities that provide care to six or more children. If you would like to read more on this story please see Death of 17-month-old toddler in New Jersey dare care declared an accident.

Most states provide its own independent methods to determine whether or not a day facility is properly registered or licensed within the state. However, parents should conduct their own thorough research of all the prospective day care facilities they intend on providing care for their children. To read more on properly selecting a day care facility for your child please read Important Factor in Selecting a Day Care Center - Instincts of Parents.

Por Robert Chaiken, abogado y David Wolf, abogado
Publicado por la Red Todas las lesiones infantiles

En Texas y otros Estados, los niños, especialmente aquellos con necesidad especiales como niños autista, deben recibir la supervisión y el cuidado de adultos responsables o servicio de cuidado de niños. En Texas, una niñera se encontraba en medio de un juicio penal, cuando decidió declararse culpable de cargos de abuso infantil. El incidente involucró la quemadura de un niño de un autista que estaba bajo su cuidado. Puede leer más sobre esta historia de Texas se declara culpable de Niñera que causo quemaduras a niño con necesidades especiales.

El uso de agua o agua caliente para disciplinar a un niño es peligroso y puede ser muy perjudicial para el niño. También puede ser un delito como es la situación en este caso. Lo mejor que puedes hacer por una niñera es dar un paso atrás y tomar un momento para reponerse a sí mismo antes de hacer nada en respuesta a las acciones o inacciones de un niño. Si el niño está con necesidades especiales o no, un adulto no debe tomar a ella o su frustración o la ira de un niño inocente

Por Scott Zahler, abogado y David Wolf, abogado
Publicado por ">la Red Lesiones Infantiles

Casio Walker, un niño de 8 años de edad, de Augusta, Georgia, sostenia crítica lesiones después de haber sido golpeado por una camioneta cuando trataba de abordar su autobús escolar. Casio asiste Thomson Elementary School en el Condado de McDuffie, Georgia. Según la Crónica de Augusta, Cassius se encontraba en condición crítica en el Colegio Médico de Georgia Hospital. Si desea leer más sobre esta historia consulte ">niño de 8 años de edad, en estado critico después de alcanzado por camioneta.

Este accidente es una tragedia para la familia del niño y la comunidad. No se puede enfatizar lo suficiente lo conductores deben permanecer atentos detrás del volante. Los conductores deben tener distracciones a un mínimo. Esto incluye no es hablar o enviar mensajes de texto por teléfono celular, absteniéndose de aseo personal, leer o comer y no hablar con otros pasajeros mientras se conduce. Participar en estas conductas se centran de un conductor de la carretera y hacer que él o ella más propensos a verse envueltos en un tipo de accidente. Los conductores no deben conducir de manera agresiva y también prestar atención a su entorno, especialmente en épocas de mucho tráfico como los que durante la mañana como por la tarde. Durante estos tiempos, los conductores deben esperar un para y seguir tipo de flujo de tráfico y, por tanto, debe estar mas atento.

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

The Iowa Supreme Court recently handed down a decision that ruled that child injury waiver forms are not enforceable. The case involved a release form used for field trips in the Mid Prairie and Keota School Districts. The ruling makes sense as the use of these documents is really against the public policy. While a school is not liable for every single injury or unforeseeable event that takes place, a school or teacher should not be able to hide behind a blanket waiver form when there is an injury that was caused by negligence or inappropriate supervision. No form or document should give a school district or any other institution that cares for or educates children a free reign to cause injury without any consequences. You can read more about this story at Iowa Supreme Court Rules that Liability Waivers Are Unenforceable.

One thing is perfectly clear about liability waiver forms whether deemed invalid or valid in a particular state. Liability waiver forms do absolutely nothing to provide for the safety of children. Instead of spending time and effort to figure out a way to avoid liability, schools, day care center, and child care providers should spend the time and effort providing for the proper care, education, and supervision of children. This, in turn, will help avoid many child injuries and lessen supposed need of a liability waiver by the school or child care provider.

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

In Texas and other States, children, especially those with special needs like autistic children, should get supervision and care from responsible and patient adults who provide day care, child care, or babysitting services. In Texas, a baby sitter was in the midst of a criminal trial when he decided to plead guilty of child abuse charges. The incident involved the scalding / burning of a an autistic child that was under her care.
You can read more about this story at Texas Babysitter Pleads Guilty to Scalding Special Needs Child.

The use of water or hot water to discipline a child is dangerous and can be quite harmful to the child. It can also be a crime as was the situation in this case. The best thing to do for a babysitter is to step back and take a few moments to collect himself or herself before doing anything in response to the actions or inactions of a child. Whether the child is special needs or not, an adult should not take out her or his frustration or anger on an innocent child.

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

Bullying has become a huge problem, especially for children between grade school and college. The State of New Jersey has announced what it called the State's Anti-Bullying Bill of Rights. The Anti-Bullying Bill of Rights designates a chain of command at New Jersey schools to crack down on the bullying the very moment it is reporting. The bill of rights will be presented to New Jersey legislators of both major political parties.

The proposed legislation was introduced after the case of Tyler Clementi, a Rutgers University student who was ousted as a gay man by two of his fellow peers, Dharun Ravi and Molly Wei. Ravi and Wei streamed live video on the Internet of Clementi having intercourse with a man - the video camera was hidden. After finding out about the recording, Clementi committed suicide by jumping off the George Washington Bridge. Ravi and Wei have had charges pressed against them. And, since Clementi's death, there has been rallies supporting stricter laws against bullying.

The new legislation is aimed to protect against bullying of all varieties, much of which happens on the Internet. If you would like to read more on this topic see New Jersey gets tough on bullying.

If you are someone you know is the victim of bullying, you should report the incident immediately. By notifying someone about what is going on, an investigation can be initiated and the bullying will hopefully cease through proper intervention.

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

Although parents should protect their children from being bullied, one Connecticut mother did not address the issue correctly. Sylvia Mojica of Hartford, Connecticut was arrested and has been charged with risk of injury to a minor after she sent her son to school with a BB gun and knife. Apparently, Mojica gave her son the weapons to fend off bullies at school. Now, not only is Mojica facing criminal charges but her son may be expelled or suspended for bringing the gun and blade to school.

School officials are now looking into the bullying claims. Security officers at the school said they have witnessed the boy being chased by other students. Mojica will be entitled to a criminal defense attorney or the services of a public defender for the crimes that she has been charged with. If you would like to read more on this story please see Connecticut mother charged after sending son to school with weapons.

It is understandable that this parent wanted to protect her child from being bullied. However, violence is never the answer. Not only did this mother subject herself to illegal activity but she relayed a message to her child that inflicting harm onto others is ok. Children can be very cruel, however, the proper way to deal with bullying is to let school officials know, investigation can be initiated, and finally but most importantly action by the school or local law enforcement. Unfortunately, in many bullying incidents and situations, no action is taken and the bullying continues to victimize innocent children. While this may happen in many instances, responding with weapons in school is not a good or advisable approach to take.

Por Joni Franklin J. Abogado, y David Wolf, Abogado
Publicado por la Red de Todas las lesiones infantiles

El Departamento de salud de Kansas y medio Ambiente emitió una orden de emergencia de cierre a la guardería Kathies Kidz. De acuerdo con el KDHE, dos niños han muerto sólo este año. Después de la muerte del segundo niño, que se produjo en agosto, el operador de la guardería acordó la entrega del certificado de la instalación. En el momento de la entrega, Kathies Kidz estaba al cuidado de 16 niños - que es de 10 niños más de lo que al centro se le permitía cuidar. Inspectores KDHE se presentaron en la instalación este mes y que se encuentran las instalaciones aún en funcionamiento y al cuidado de 6 hijos. Para leer más sobre este tema consulte ">Departamento de Salud y Medio Ambiente de Kansas revoca el certificado de una guardería después de que segundo bebe muere en la guardería.

Este centro de cuidado deliberadamente desobedeció una orden emitida por el Departamento de su estado de salud y medio ambiente. Los proveedores de cuidado tienen el deber de cumplir todos los requisitos de concesión de licencias y certificación para operar legalmente. El propósito de la exigencia de licencia o certificación es garantizar un ambiente seguro para los niños, así como para llevar a cabo una verificación de antecedentes adecuada de todos los trabajadores de la guardería y los empleados. Las guarderías que intencionalmente ignoran estos requisitos no deberían ser un centro que los padres deben confiar para cuidar adecuadamente a sus hijos.

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

The Kansas Department of Health and Environment issued an emergency order closing Kathies Kidz Day Care Home, a Paola, Kansas day care center. According to the KDHE, two infants have died just this year. After the death of the second infant, which occurred in August, the operator of the day care agreed to surrender the facility's certificate. At the time of the surrender, Kathies Kidz were caring for 16 children - that is 10 more children than the center was permitted to care for. KDHE inspectors checked on the facility this month and found the facility still in operation and caring for 6 children. To read more on this topic please see Kansas Department of Health and Environment revokes a day care center's certificate after second infant dies in day care.

This day care center intentionally disobeyed an order issued by its state's Department of Health and Environment. Day care providers have a duty to meet all licensing and certification requirements in order to operate legally. The purpose behind the requirement for licensure / certification is to ensure a safe child-to-worker ratio, as well as to conduct a proper background check of all day care workers and employees. Day care facilities that intentionally ignore these requirements should not be a facility parents should entrust to properly care for their children.

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

Cassius Walker, an 8-year-old boy of Augusta, Georgia, sustained critical personal injuries after he was struck by a pickup truck while trying to board his school bus. Cassius attends Thomson Elementary School in McDuffie County, Georgia. According to the Augusta Chronicle, Cassius was listed in critical condition at the Medical College of Georgia Hospital. If you would like to read more on this story please see 8-year-old boy in critical condition after struck by pickup truck.

This accident is a tragedy for the young boy's family and community. It cannot be stressed enough how attentive drivers must remain while behind the wheel. Drivers should keep distractions down to a minimum. This is includes not talking or texting on a cell phone, refraining from grooming, reading or eating and not talking with other passengers while driving. Engaging in these behaviors takes a driver's focus off the road and make him or her more likely to become involved in a collision or other type of accident. Drivers should also not drive aggressively and pay attention to their surroundings, especially during times of heavy traffic such as those during morning and afternoon commutes. During these times, drivers should expect a stop-and-go type of traffic flow and, therefore, should be extra attentive.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

After a little girl died this past summer, the CPR training procedures in Minnesota are being called into question. After Hannah Kozitza, 4, died from choking on a grape in her North Mankato day care center, Minnesota's CPR procedures started to be investigated. Child advocates criticize the state's procedures go far enough to save a child's life. Hannah's day care center was fined for not following proper CPR procedure when a day care employee called Hannah's parents before calling 9-1-1. Surprisingly, under Minnesota law, the center's employees that attempted to help Hannah were not required to be trained in CPR. All that Minnesota law requires is that one person in a child care center must be trained, regardless of the number of children the center cares for. If you would like to read more on this topic please see Child safety advocates criticize Minnesota CPR training procedures in day care centers.

Although Minnesota does not require all day care workers to be CPR certified, some states, such as Wisconsin, do require to be trained in CPR. Even if a particular state or day care center does not require day care employees to be trained in CPR, employees should take it upon themselves to be trained in CPR. Those who work with children and have children under their care have a duty to ensure the children's safety and well-being. The more day care employees who are trained in CPR, the better the employees will be able to asses and handle choking situations, and, thus, your children will be in a safer environment.

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

A federal civil rights lawsuit has been filed by Samster, Konkel & Safran, S.C., a Milwaukee law firm, on behalf of the father of a five month old child who was drowned by his mentally ill mother after a Wisconsin social services agency, working with the State of Wisconsin and the Bureau of Milwaukee Child Welfare, left the child in the care of his mother for an unsupervised visit. After making the initial decision to remove the child from the mother's care four months earlier, due to concerns with her mental health history, emotional instability and threats of violence, the agencies involved then failed to monitor the mother's medication compliance and mental stability before choosing to allow for the unsupervised visit. In October, 2007, shortly after leaving the child in the mother's care, the mother put the child in the bathtub, left him alone, and came back later to find him floating lifeless. She then removed the child, dressed him, and called her mental health social worker to report that something was wrong with the child. The police and emergency medical care providers responded, but the child could not be revived. After claiming that "I gave my baby to God," the mother was charged criminally, she was convicted, and she is now serving a fifteen-year prison term for second-degree reckless homicide. Earlier, the Judge assigned to the child's case left the decision on any unsupervised visits between the mother and the child to be "at the discretion of the bureau." The lawsuit alleges that the agencies involved failed to adequately train, supervise and discipline its workers, including the workers in this case, leading to the tragic result.

To see the full text of the articles which reported the facts of the case and the filing of the lawsuit, go to Federal Civil Rights Lawsuit Filed Against the State of Wisconsin, County of Milwaukee, and Social Service Agency Workers Due to Child's Death.