Child Injury Lawyer Blog

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

A family of Fort Bend County, Texas, Jose, Lindsay and their daughter Gracie Galarza, is still suffering from tremendous stress and grief years after their child was allegedly abused by a worker at the child's home daycare facility. The little girl, who is now two-and-a-half-years-old, was 9-months-old at the time of the incident. Jennifer Sides, the worker at the home daycare center, was charged with injury to a child. Deputies say Sides caused severe personal injuries to the toddler's head as a result from being shaken. The Galarzas said Gracie had to be hooked up to machines due to the severe extent of her personal injuries to her head. Gracie sustained bleeding and swelling to her brain, as well as experienced bleeding behind her eyes. After doctros examined the nature and extent of Gracie's personal injuries, the doctors informed the Galarzas the injuries were the result of the toddler being shaken. In fact, the doctors told the parents it was more than an accident, it was child abuse.

Child Protective Services revealed reported that the home-operated daycare center was registered under Sides' mother's name and was also ran out of her mother's house. Although the daycare center registered under the mother's name has no prior history, a former daycare registered under Sides' own name did have a reported incident. Sides' daycare center was cited for not immediately reporting the incident - the center has since been voluntarily shut down. If you would like to read more on this story please see Texas family files lawsuit against former daycare provider after child sustains serious personal injuries to head, suffered bleeding and swelling to brain plus other injuries.

Child Protective Services suggests the following tips for ensuring your child's safety and protection while attending daycare: monitor the facility on a regular basis by making unannounced visits, question daycare providers about what happened during your prior visit - this information should be readily available to you in order see if any concerns exist, and check websites that provide "report cards" of regulated day care centers.

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

A 38-year-old woman of Lufkin, Texas, has been sentenced to 15 years probation after accepting a plea deal and pleading guilty to injury of a child and unlawful restraint. However, some people may not be satisfied with Kathy Butler Taylor's sentence because of the nature of child abuse she allegedly inflicted onto three different people. Taylor was accused of using an extension cord and tape to abuse children. One child told investigators that Taylor would bind her hands, feet and mouth with tape. After being bound, Taylor would then beat her with an extension cord. If you would like to read more on this story please see Texas woman only gets probation after accepting plea deal for child abuse.

Child abuse is not only a horrendous crime that inflicts a lifetime of physical and emotional consequences, but it is also an invasion of a child's rights. Children have the right to be free from intentional bodily invasions and can seek legal remedies when their rights have been invaded. Also, if you know or suspect anyone to be the victim of child abuse, whether sexual or physical, please contact your local authorities immediately. Contacting local police officials will initiate a criminal investigation into the alleged acts and help stop the abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A pickup truck, pulling a plow behind the truck, struck 4 children while they were crossing a street in Wyoming. The road is near the children's elementary school, Godfrey Elementary. The children had a half-day of school on the day of the accident and the crossing guard, who was directing traffic at the crosswalk earlier that day, left about fifteen minutes before the terrible incident occurred.

The driver of the pickup was identified as Steven James Scobey, 40, of Byron Township. All children were received some form of medical attention. Alejandra Garcia and Anet Martinez were both treated for minor personal injuries and then released after the accident. Another child, Alejandro Garcia, was admitted to the hospital for a day and then released. The fourth child, Madeline Martinez is listed in critical condition at DeVos Children's Hospital. Madeline sustained a serious head injury, she is believed to have bleeding in her brain.

The "Don't Walk" bulb in the crossing signal was burned out at the time of the accident. Officials are unaware of this was a factor in the accident. Scobey was not ticketed and police continue to investigate the accident. If you would like to read more on this accident please see 4 children injured after hit while crossing street.

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

In Cincinatti, Ohio, a boy was accidentally shot in a barber at a Walnut Hills barber shop. The 6 year old boy was shot in the arm but was reported to be recovering from the gunshot wounds. The boy suffered gunshot wounds to his arm, rib, and back. Of course, the gunshot wounds could have been much worse and could have ended the short life of this young boy. It is most unfortunate that innocent children get harmed and injured as a result of disputes and gun shot incidents. You can read more about this story at Boy Recovering After Barber Shop Shooting.

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

When transporting children, it is important for the driver and all assistants and attendants on board to know the needs and abilities of the children being transported. This is especially true when a school or day care center is transporting a special needs child. A horrible tragedy took place in Baltimore County, Maryland when a 6 year old special needs student (Jeremy Jennings, Jr.) fell out of a moving school bus. The mother, who is very well versed in her son's education and special needs curriculum, rightfully questions how the incident took place. What actions did the bus driver take? Where were the attendants at the time of the incident? Why wasn't Jeremy properly restrained or secured in his harness? What are the policies and procedures for school transportation? Were the policies and procedures followed? In the wake of the incident, the two assistants were discharged from their employment.

Jeremy suffered a severe head / brain injury as a result of the incident and eventually died from these injuries at John Hopkins Hospital. See Special Needs Student Dies from Injuries Related to Falling Out of Moving Bus.

In Maryland, the parents a minor child can pursue a claim or case for the negligent death of a child and demand damages for mental anguish, emotional pain and suffering, loss of society, companionship, and comfort of the minor child. Really, no amount of money can award a grieving parent for the death of a loss of a parent. Nevertheless, the laws are set up to allow a Judge or Jury to make a financial determination for the proper award to the surviving parents.

Parents must deal with a variety of practical, medical, insurance, and legal issues when dealing with the aftermath of a child injury. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has sections in the book on School Injuries, Automobile Accidents, Medical Bills and Treatment, Damages and other topics. A free copy of the book can be obtained by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Sheriff of Saginaw County issued a simple but very important message to parents this holiday season and at all other times of the year: Dont' leave a child unattended in a vehicle. It does not matter if child is left for a short time period or long time period. Absent an emergency situation, there just is no good reason to leave a child unattended in a vehicle. The dangers to a child left unattended in a vehicle are plentiful and include but are not limited to: hypertermia, hypothermia, abduction, strangulation, choking, and wandering away. Saginaw County Sheriff William L. Federspiel wants parents to stop the bad habit or dangerous act of leaving children and infants unattended in vehicles. Federspiel points out that there is a Michigan law in place that give law enforcement the power to fine and / or arrest parents who leave a child under the age of 6 years old in a vehicle which poses an unreasonable risk of harm or injury to the child. See Saginaw Sheriff Encourages Parents to Avoid Leaving Children in Vehicle Unattended this Holiday Season.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In day care centers and schools, it is vital for children to have consistent supervision. There is a risk of injury inside and outside of the classroom. This is especially true since children have poor safety awareness and do not recognize the risk of danger. When there is a problem or complication, children often times have poor problem solving skills and can make bad situations worse.

In Denver, Colorado, the medical examiner / coroner reported that a child died as a result of strangulation on a toy. The Officer of the Medical Examiner concluded that the death of Jeremiah Saunders (1 year old) was an accident. See Published by Child Injury Lawyer Network

Coroner Determines that Child Died from Strangulation on a Toy.

In Colorado and other States, day care centers have a duty to maintain a safe environment for children. Toys should be selected based on the age group of the child. Even if a toy is deemed appropriate for a certain age group, supervision is still necessary to make sure that the child does not misuse the toy and to make sure that the toy as used and played with does not pose a danger to the child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Vail and Beaver Creek, Colorado, the towns come alive in the Winter and Spring ski seasons. When the slopes get crowded, accidents and incidents take place. From time to time, skiers and snowboarders will collide and falls take place. Most are mere accidents that cannot be avoided. It is truly the nature of the sport especially for those who are not that experienced or skilled on skis / snowboards. It was reported that a Georgia man hit a 14 year old girl after the girl bumped in the man's son. The incident took place at Colorado's Beaver Creek Ski Resort which is located near Vail, Colorado. It was reported that the incident (prior to the alleged assault) resulted as the girl swerved to avoid hitting another person on the slopes.

It appears that the incident took place in a public forum and probably was witnesses by several other people. The Georgia man will be entitled to representation by a Colorado criminal defense attorney or the public defender's office. It is disturbing that a man would punch a 14 year old girl in the face over a mere skiing mishap on the slopes. It is dangerous enough out on the slopes during the holiday season. Whether on vacation or anywhere else, people should control their tempers especially when actions lead to the harm of children. You can read about this story at Man Accused of Punching 14 Year Old Girl in Beaver Creek, Colorado.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, there are dangers to the children when riding their bicycles. It is vital that children obey traffic signals and road signs. Of course, drivers should drive with caution anytime that children are on or near the roadways as pedestrians and bicyclists. In Lower Makefield Township, it was reported that a 12 year old boy was hit by a Coca Cola truck. The accident happened in the morning hours and the boy was travelling to school on his bicycle. The boy was hit as he was attempting to cross an intersection. It was reported that the boy suffered a head injury and bruises to his body. Because of these personal injuries, the boy was transported to St. Mary's Hospital and then to Children's Hospital of Philadelphia for evaluation and treatment. See Child Hit by Big Rig in Bucks County, Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Back over accidents can cause serious personal injuries to children. Unfortunately, back over accidents continue to be reported all of the United States, Canada, and other areas. When a driver is backing a vehicle out of a driveway, parking space, or parking lot, it is often difficult to see small children who may be standing, walking or sitting behind the vehicle. While supervision of children is key to keeping them out of these dangerous situations, close observation and attention should be exercised any time that a driver is backing a vehicle out of a driveway, parking lot, or parking space. Taking a few extra moments and due care can make a world of a difference.

In Clark's Harbour, Nova Scotia, a 2 year old child suffered serious personal injuries when the child was hit by a vehicle that was backing out. It was reported that the child suffered a serious head injury and was air lifted to a hospital in Halifax. You can read more about this story at Toddler Facing Serious Personal Injuries After Being Struck by a Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Some parents are calling hockey rings "arenas of aggression," and there may be some truth to the novel nickname. One parent of a youth hockey player said his 12-year-old child had already sustained three concussions and multiple neck and back personal injuries. Most parents are unaware of the significant, long-term damage concussions can have on children, mainly because the brain is still in developmental stages during one's youth.

Dr. Michael Cusimano, a neurosurgeon at St. Michael's Hospital in Toronto, stated that body checking is the most common form of personal injury among youth hockey players. In fact, body checking causes 86% of all personal injuries sustained by youth hockey players between the ages of 9 to 15. Currently, Dr. Cusimano is conducting research to detect the differences between the periods of when body checking was prohibited and now. His research reveals that the lower the ages in the youth athlete the occurrence of concussions increases ten-fold.

Below are a list of symptoms to determine whether or not your child has sustained a concussion: headache, nausea, dizziness, trouble with lights and sounds and memory problems. Some symptoms can be less subtle such as with a child's concentration or memory.

Another thing parents should be aware of is that if a child sustains a head injury and is returned to play before the initial injury has had adequate time to heal, the child athlete's chances of sustaining a secondary, more severe and long-term personal injury increases greatly. If you would like to read more on this topic please see Body checking becoming a problem in youth hockey.

Parents should insist that all coaches and trainers go through mandatory training to increase knowledge about and prevention tips on concussions. Concussions are brain injuries and need to be taken seriously and dealt with properly so the young, developing brains of youth athletes will not be permanently damaged.

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

According to a report released by the Wisconsin Child Death Review Counsel, a total of 1,556 children died in Wisconsin between 2007 and 2008, about one-fourth of these deaths were preventable. Among the top five causes of children fatalities were motor vehicle and other transport crashes; asphyxia; homicide; drowning and poisoning. Combining the 308 accidental deaths with the 63 homicides and 31 suicides made up 26.1% of all child deaths within the state.

Because of the shocking number of preventable deaths that occurred, the WCDRC report in collaboration with Children's Health Alliance of Wisconsin, the Injury Research Center and the state Department of Health Services found the following preventative measures:

Crashes
- Of the deaths recorded, most were passengers and only half used safety restraints. Among the common risk factors were speeding, recklessness, and drug or alcohol use.
- Preventative measures: enforce child safety restraint laws; and alcohol ignition interlocks and tougher drunken driving laws.

Asphyxia- Of the asphyxiations recorded most were unintentional, most children suffocated and most of those children who did suffocate were younger than 1-year-old. Bed sharing was a factor in 80% of all the reported asphyxiations cases.
- The safesty way for infants to sleep is on their backs, alone, in cribs or bassinets and without blankets, bedding and toys.

Homicide
- Of the 63 homicides reported, 36.5% were younger than 1-year-old. The second highest, 33.3% were between the ages of 15 and 17.
- Most perpetrators were the victims' biological parents. The most common weapon used on infants was the perpatrators body, among teens it was a firearm.
- It is recommended to focus on child abuse awareness.

Drowning
- Of the 29 reported drownings, one-third of the child victims were between the ages of 1 and 4-years-old.
- Bathtubs, pools and spas were the most common areas for drowning incidents.
- Prevention tips include proper adult supervision at all times.

Poisoning
- Most of the 29 poisoning incidents occurred in teenagers between the ages of 15 and 17-years-old.
- Non-medical use of prescription drugs was the leading cause of poisoning.
- Opiods were the most commonly abused prescription drug.
- All drugs should be kept in childproof cabinets, parents should be aware of the medications guests (neighbors, grandparents, etc.) are bringing into the home, dispose of all unused or expired medications and monitor a child or teen's use of prescription drugs.

By spreading awareness of preventable deaths and slightly changing one's behavior many youth lives can be saved. If you would like to read more on this topic please see Wisconsin child death study shows a significant portion were preventable.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children enrolled in day care centers rely on transportation from or through the center to get to and from the day care center. It is important for all drivers on the road to recognize that many day care programs run year run. Because of this, children are being transported year round through day care center transportation. In Wilmington, Delaware, an automobile accident was reported involving a Chevrolet Tahoe SUV and a daycare center bus. The accident resulted in personal injuries to a child who suffered a laceration on her face. You can read more about this story at Delaware Day Care Bus and SUV Crash.

Many automobile accidents are unforeseeable and no person is to blame. While other accidents can be avoided with slower speed and better attention by drivers out there on Delaware roads and highways.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jennifer A. Mock, 37, was ordered to serve 30 days to 6 months in prison, plus an additional 23 months on probation for driving drunk and running into a Port Carbon day care center sometime last year. Mock pleaded guilty September 23 to DUI, recklessly endangering another person and careless driving.

The accident occurred November 27, 2009 and Mock was charged with DUI shortly after. Mock was driving her Volkswagen Cabrio coupe and was distracted by a puppy sitting on her lap. After being distracted by the dog, Mock swerved around a Jeep Grand Cherokee and crashed her car into into a daycare center, Little Sunshines Day Care Center. Mock had a blood-alcohol level of 0.14, the Pennsylvania legal limit is 0.08.

After the accident and in response to local pressure, officials reduced the speed limit in the Port Carbon area to 35 mph from 45 mph as well as installed new speed limit and yellow reflective signs. If you would like to read more on this story please see Woman sentenced to jail after crashing into Pennsylvania day care.

Not only is driving under the influence illegal but it is highly dangerous and deadly. Alcohol impairs judgment and reaction time, therefore, making drunk drivers more susceptible to being involved in automobile collisions and other vehicular crashes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the Dorchester County Sheriff's Office in South Carolina, a five-year-old child sustained significant head injuries after the child fell from a second-story window in the Haven Oaks Apartments. Apparently, the child was trying to close the window when the fall occurred. Officials said the child sustained a head injury from the fall and was found bleeding from the nose and mouth. The child was taken to the hospital. If you would like to read more on this story please see Child falls from second-story window, sustains head injury.

Many child personal injuries occur in the home. The most common forms are youth personal injuries occurring in the home are caused by children falling out of windows, ingesting cleaning products, and having large household items, such as television sets, fall on top of them. A key to prevention is child-proofing or baby-proofing your home. Inspect play areas before allowing your children to play in certain areas of your home. If you would like more tips on keeping your home safe for children please read Home Safety Council - Great Safety Tips for the Home and Day Care Center.

Also, if you would like to read more about window safety please see Windows Can Be a Risk for Injury for Children.

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

In California and other States, children are at risk of injury from neighborhood dogs. Whether the dog is small or a large dog like a Great Dane, a dog is unpredictable and can attack a child without notice or apparent cause. Children often times do not recognize the dangers of dogs including the brief moments of tension just before an attack. Furthermore, because of their size, children, especially infants and toddlers, are ill equipped to fight off an attack or flee from an attack. A brutal dog attack was reported in Monrovia, California where an infant was attacked by the neighbor's 170 pound Great Dane dog. It was reported that the six month old child suffered the following personal injuries: punctured liver, punctured lung, and two broken ribs. Due to the severity of the injuries, the child was transported by air to the Los Angeles County - USC Medical Center for medical treatment and evaluation. The baby is expected to survive the injuries but could have easily died from such injuries. You can read more about this story at Family Speaks Out After Their Infant Is Mauled by Neighbor's Great Dane in California.

Dealing with a child injury (especially a traumatic dog bite) can be very stressful for parents. Many issues arise in these situations including selecting health care providers, getting follow up care, dealing with medical bills, and finding out about insurance and legal issues. The book titled - < strong>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has a section on Dog Bite Injuries. The book also has sections on Medical Bills and Treatment as well as Damages and Compensation. You can receive this free book on child injury by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children should not be left unattended in a vehicle. There are dangers to the children in the Winter, in the Summer, and all other times of year. In the Winter months, a child can be at risk for hypothermia if left unattended in a vehicle. Hypothermia can lead to serious medical complications including death. Weather and temperature are not the only dangers that parents and caregivers should keep in mind on the issue of leaving children unattended in a vehicle. There are also other risks of leaving a child unattended included by not limited to strangulation by seatbelts, doors, and power windows. There is also a risk for abduction. In addition, a toddler or child who can walk may just decide to wander away which can bring with it a whole host of other dangers and risks to the child. Whatever conveniences are gained by leaving a child unattended in a vehicle pale in comparison to the associated risks of leaving a child unattended in a vehicle especially during Winter and Summer months. See also Children Alone in Cars Not Safe In Winter Either.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Diabetes is a well known condition. With good management, a child can lead a happy and healthy life. When a parent, teacher, or caregiver does not properly supervise a child with diabetes, serious health problems and conditions can result. Because of this, it is important for parents, teachers, child care providers, and day care providers to be well informed on this important topic. Jamie Lenard writes the blog - Diabetes Meters Blog. With experience as a teacher, workshop leader, corporate trainer, and parent, Jamie Lenard has a good bit of knowledge and information to pass on to others. She has a very good section linked in her blog titled - Children with Diabetes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, it is important for day care owners and child care providers to consistently supervise children under their care. Just a few minutes or even seconds of inattention can lead to serious personal injuries and even the death of children. In Pittsburgh, Pennsylvania, a day care owner and her daughter were sentenced to probation for an incident in which a child under their care died. Police officers / detectives believe that a 10 month old baby in the day care center was killed by a 7 year old . It was reported that authorities believe that the 7 year old was the granddaughter of the day care owner. For some reason, the 7 year old beat the 10 month old defenseless baby and then threw the baby on the carpeted concrete floor. As a result thereof, the baby suffered a severe skull fracture. You can read more about this story at Pennsylvania Day Care Owner Gets Probation in Baby's Death.

Day care centers should be safe havens for children and not zones of danger where they are put at risk by older children. As can be seen by this incident, even a 7 year old can be dangerous to a baby if there is a lack of adult supervision.

It can be quite difficult for a parent to deal with with a child injury taking place at a day care center and other locations. The book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains sections on Day Care Center Injuries, School Injuries, Child Abuse, and other topics. You can receive a free book by clicking here.

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

The El Paso (Texas) Times has reported that a teacher has been criminally indicted by a Grand Jury for assaulting a 9 year old child. The teacher is accused by second degree felony injury to a child. It was reported that the Defendant worked as a teacher at the Canutillo Elementary School. The incident subject to the proceedings involved the alleged dragging of the student by her leg and pulling the student up by her hair. News reports did not contain all of the details of the incidents or any of the circumstances leading up to the incident. The teacher will be entitled to defend himself against these Texas criminal charges through legal representation through a Texas criminal defense attorney or the public defender's office. You can read more about this story at Texas Teacher Indicted for Child Assault Charges.

School teachers have a college education and take special courses on how to teacher, supervise, and interact with children. Unfortunately, some teachers abuse their position or fail to exercise good judgment in supervising and disciplining children. Schools should be a safe haven for children and should be staffed with caring professionals who diligently perform their duties and act in the best interests of the children.

If a child suffers an injury at school or a day care center, there are many issues that a parent must deal with including but not limited to the medical bills, medical treatment, and future care and safety of the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has sections on Day Care Center Injuries, School Injuries and other topics. You can receive a free book by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

What should I do if my child is injured in an automobile accident? Dealing with the issues and challenges of a child injured as a result of an automobile accident can be quite difficult for a parent or caregiver. Of course, the primary focus should be the health and well being of the child. Finding the right medical providers in a timely manner is key. There are a host of other issues that a parent must deal with as well. A child injury lawyer can help guide a parent through these many issues. There are many resources out there that provide guidance and advice for parents of injured children including the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive a free book by clicking here. As noted in the book, "don't go it alone". Get help and advice from professional when dealing with a child injury.

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

In Terrytown, Louisiana, it was reported that a car crashed into a private elementary school. Six children suffered personal injuries. One of those children was reported to have suffered critical injuries. The school is located just outside of New Orleans. Fire Rescue was called to the scene to remove the children from the rubble. The sheriff's office reported that the driver was a mother who was dropping off her child at the Stepping Stones Montessori School. The driver / mother thought she had stepped on the brake but stepped on the accelerator instead and crashed into the school. There have been other incidents reported in other States of similar crashes. In just a matter of seconds - lives can changed due to negligent driving. When driving near schools, please exercise the utmost of caution. You can read more about this story at Car Crashes into Louisiana School; 6 Children Hurt

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

In Morton Texas, police investigators have reported that Don Rives - Football Coach of Morton ISD School, will be prosecuted for felony charges of allegedly assaulting a 6th grade student. See Charges to be Filed Against Morton Football Coach for Injury to a Child. It was reported by KCBD Channel 11 - NBC News that the coach is accused of assaulting a student after the coach believed the student had left a mess at the field house. The student stated that the coach grabbed him by the collar of his shirt and elbowed him in the throat. Of course, Coach Rives will be entitled to defend himself from any criminal charges through a Texas criminal defense attorney or a public defender.

It is important for all teachers, coaches, and child care providers at any school or grade level to keep calm in all situations and avoid violence or threats of violence. There are policies and procedures for dealing with discipline issues. Assaulting a child is not a good solution to any situation. It is dangerous and could cause serious personal injuries or even death to a child.

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

In Ohio and other States, recess at school is typically a fun time for children. Unfortunately, tragic accidents and incidents take place at recess and on school playgrounds. Some are preventable while others are completely unforeseeable. It was reported that an incident took place at Morgan Elementary School in Morgan Township, Ohio. A 7 year old boy struck his head at recess and needed to be transported by an emergency helicopter to the hospital. The details as to how the incident took place was not mentioned in early news reports. You can read about this story at Medical Helicopter Called to School for Child Head Injury.

Teachers and all child care givers should do their best to monitor the children during recess and other play time. Furthermore, teachers and school staff should periodically inspect and maintain the school grounds and playground equipment to make sure the areas are safe for the children.

Parents are confronted with many issues and challenges when trying to deal with a child injury. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know contains helpful advice and information regarding child injuries. There are sections on Playground Injuries, Medical Bills and Treatment, School Injuries, and other topics. You can receive a free book by clicking here. As noted in the book, "don't go it alone" when you are dealing with the problems associated with a child injury.

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

A three-year old little boy was struck by a vehicle in Santa Cruz, California. The driver was allegedly driving around 20 mph before striking the child and tossing him 10-15 feet in the air.

Witnesses say the driver stopped to check on the child who suffered head injuries, but is expected to make a full recovery. The accident happened around 4:30 p.m. in the afternoon and investigators are trying to figure out why the child was in the road to begin with. As a parent, be mindful of where your children are at all times.

Whether you live near a busy road or not, avoid letting your child play near dangerous areas, including roads, sewers and parking lots. Whether the family of the child wil have legal recourse against the driver will depend on a number of factors, including California state law.

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

Recently a woman in Georgia ran a truck through an apartment complex and injured a child. The suspect is alleged to have left the scene afterwards. The child suffered minor injuries, but sections of the apartment complex will be unhabitable for at least the next two months while repairs are being made.

Once the truck made impact with the building, many apartment dwellers woke up and notified police. The woman was charged with DUI and hit and run. More forensic evidence and supporting facts are probably needed to support legal claims against the woman for property damage and personal injury.

To learn more about this story, please visit Truck slams into apartment, injures child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Three Nebraska daycare workers are accused of assaulting young girls. These daycare workers allegedly taped a baby's mouth shut because the baby would not stop crying. Also, it is alleged that a daycare worker bit a child as punishment for biting another child.

The workers have been suspended without pay pending the outcome of the investigation. The daycare center may be subject to liability if it hired these workers knowing they had a history of assault or violence. There may be other civil causes of action against the day care center and the workers but more supporting facts are needed. Before enrolling your child in a daycare center, make sure the center is reputable in the community.

To learn more about this story, visit 3 Nebraska daycare workers accused of assaulting girls.

Por John Jensen, Abogado and David Wolf, Abogado
Publicado por por la Red Todas las lesiones infantiles

Una niña, cerca de 3 años de edad, de Charlotte, Carolina del Norte, se aferra a la vida después de caer en la piscina de su familia. La niña estaba jugando con sus padres fuera en el patio trasero de la familia, cuando en un momento los padres descubrieron su hija se había ido. Después de buscar en los alrededores, el padre de la niña la encontró en la piscina, que fue drenado casi y había solo unos pies de agua en la piscina. Los padres realizaron la RCP en el niño hasta que llegaron las unidades de rescate. Una vez que los paramédicos llegaron, practicado RCP en el niño hasta llegar al hospital. Los médicos de las salas de emergencia informaron que descubrieron signos vitales.

La niña se encontraba en condición crítica en el Carolinas Medical Center. Si desea leer más sobre esta historia consulte chica joven en estado crítico después de caer en la piscina familiar.

Este trágico incidente ha sido una llamada de atención para los vecinos de la niña y su familia. Los padres tienen que tomar siempre las precauciones de seguridad cuando sus hijos están cerca del agua. Una manera clave para evitar que su hijo sostener daño o ahogamiento es la de mantener una supervisión constante de su hijo. Conocer el paradero de un niño en todo momento ayuda evitar que le caigan en situaciones de peligro y le permite actuar con mayor rapidez en la prestación de ayuda. Por supuesto, los accidentes o incidentes que ocurren. Los padres no son perfectos y todo lo posible para mantener a sus hijos fuera de peligro.

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

Surveillance cameras can often times provide valuable evidence to questions about the care and injuries of children in day care centers. Many injuries are "swept under the rug" when there is no surveillance video or, in the alternative, when there are no conscientious employees to step forward to provide information as to the abuse or neglect of a child injured in a day care center. In Milton, Virginia, a surveillance video reportedly showed a 2 year old child being grabbed by the arm and pulled across the room by a child care provider. The child was later taken to the doctor where the child was diagnosed with a dislocated elbow.

Children will cry and children will throw fits. This goes with the territory of being a parent or a day care center provider. A child should never be dragged or pulled due to the dangers and risks of injuries to the arms and legs.

It is unfortunate that there is a need for video surveillance in day care centers because of incidents like the one in Virginia.

You can read more about this story at 2 Year Old Abused - Caught on Surveillance Video.

If you have questions about a day care center injury or other child injury, you can get answers to many questions and issues in the book titled <u>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can received a free copy of this book by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Rockhill, South Carolina, it was reported that a 6 week old child was found unresponsive by the child care provider - Elizabeth Home Daycare. At the time of the incident, it was later discovered that the day care center was supervising or attempting to supervise four times more children than it was licensed to supervise. Fire rescue / emergency responders arrived on the scene and made attempts to revive the child who was later transported to Piedmont Medical Center. The day care center was licensed to care for 5 children yet the day care center had 20 children in the home day care center.

In cases of this nature, it does not look very good that the day care center had so many children over the limit; however, this does not address the issue of why the child died or if measures could have been taken to save the child. The reason for State regulations to make sure that each child gets the attention and supervision that the child needs during the course of the day. If a child shows signs or symptoms of illness or distress, immediate action should be taken to evaluate the child, call for medical care or 911, and call the parents. Due to the age and circumstances of the death, an autopsy will be performed to determine the cause of death. This, in turn, may help investigators determine if the child's death was preventable with more attentive supervision and care. This case will involve issues that are both legal and medical in nature.

A time line of events may be important for a case of this nature. The time line could be affected by the forensic evidence obtained through the autopsy as well as the statements of employees and other witnesses. When was the child last seen or evaluated before being found unresponsive? What food / fluids did the child receive prior to being brought to the day care center and at the day care center? According to the pathologist and other medical experts, would the signs and symptoms of distress have been observable to the child care provider? If so, what signs and symptoms would have been observable? Over what period of time? Would more timely intervention have saved the child's life? These are all important yet difficult questions to answer. You can read more about this story at Baby Dies in Day Care in Rockhill, South Carolina.

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

A Tulsa, Oklahoma woman and teacher's aide was recently charged with child abuse of a 19 month old little girl.

The police affidavit states that the woman was alone with the little girl at a daycare center and changing her diaper when the woman allegedly injured the baby.The baby was taken to the physician's office and the mother was called. The baby was then sent to the emergency room at the physician's recommendation and emergency room doctors had to perform surgery on the toddler. The same offender was investigated back in 2008 for child abuse allegations. No criminal charges were ever filed, but doctors who treated the infant victims, say these incidents were no accident.

The burden of proof required is different in civil cases as opposed to criminal actions. In civil actions, the burden of proof is usually referred to as the preponderance of the evidence standard. In simple terms, the Plaintiff (parent on behalf of a child) must prove that the Defendant was negligent or failed to provide proper care. The Plaintiff must prove the elements of the case by a preponderance of the evidence. In other word, the Plaintiff must proof the elements of the case by the more likely than not standard to the trier of fact which is typically the jury.

In criminal actions, each element of the crime must be proved "beyond a reasonable doubt" by the prosecutor in order to convict the defendant. This explains why in many situations civil actions are brought but criminal actions are not. If criminal charges are not brought, the prosecutor must not have felt he or she could prove each element of the crime beyond a reasonable doubt.

The day care center in charge of hiring the offender may be subject to tort liability on multiple grounds including negligent hiring, negligent supervision, and vicarious liability of its employee.

To learn more about this story, visit Affidavit: Accused Child Care Worker Calls Alleged Abuse 'Accidental'.

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

Two young boys collided head on while driving ATVs (all terrain vehicles) in Maine, Wisconsin. The two boys, ages 10 and 12, were on private property and some how did not see one another until they collided head on.

Fortunately, they were both wearing helmets. One of the boys was released from the hospital but the other is still receiving treatment and being monitored at a hospital. It is estimated that the boys were traveling around 30 mph when they collided. ATVs can be extremely dangerous and at times fatal.

Before you or your child ride on an ATV, make sure each occupant is wearing a helmet. It can be very dangerous for a child to operate an ATV especially at high speeds over rough terrain. Many child safety advocates believe that anyone under the age of 16 should be accompanied by and supervised by an adult when operating an ATV. Children and even teenagers have poor safety awareness and are often times injured due to inattention to the attempts of stunts or other dangerous moves when operating an ATV. Safety should always be the focus for children and ATVs.

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

In Kyle, Texas, a 10 week old child died from serious injuries that may have been sustained at a day care center. Investigators did not believe that the injuries were consistent with the information provided by the day care owner who was arrested and then later released out of jail on bail. See also Kyle Texas - Child Protective Services Investigating Serious Injury of 10 Week Old at Day Care Center.

This case and investigation will involve information yielded from an autopsy as well as statements and information from witnesses, the day care owner, and medical professionals.

It is clear the infants and toddlers enrolled in a day care program are entitled to be cared for in a safe and nurturing environment. In many instances, a child victim cannot speak due to age or severity of injuries or both. In these cases, the forensic and medical evidence are vital to determine the cause and preventability of the injuries sustained by the small child. You can read more about this story at 10-Week-Old Child Injured at Daycare Dies, Police Say.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Nye County (Nevada) Sheriff's Department recently arrested 2 school aides, a teacher, and the principal assigned to Floyd Elementary School located in Pahrump, Nevada. The allegations involve the unreasonable physical punishment of four mentally challenged students. Special needs children have a right to be taught in a nurturing environment not one that constitutes or even approaches abuse. It was reported that the children's special needs stemmed from speech challenges, cerebral palsy, and hearing impairment. The abuse may have been going ton for two years according to detectives assigned to the case. The investigation is ongoing and may yield additional evidence and information regarding the actions and inactions of the school staff. You can read more about this story at 4 Nye County School Employees Arrested for Child Abuse.

You can read more about School Injuries and other causes of 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 Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York, parents should be able to use sidewalks with safety. This is especially true when parents are escorting children or pushing babies / infants in a baby stroller. Unfortunately, there are reported incidents in which a vehicle hits pedestrians who are walking on sidewalks. In Astoria, New York, a mother suffered personal injuries while she was pushing a stroller. A Lexus SUV popped up on the sidewalk and hit the mother. The incident took place on Broadway and 37th Street in Queens - New York. The mother suffered serious personal injuries. The baby did not suffer serious personal injuries according to news reports. You can read more about this story at Mother Injured While Pushing Stroller on Astoria New York Sidewalk.