Posted On: January 31, 2011

Ouachita Parish Day Care Worker Charged with Crime of Biting Infant in Louisiana Day Care Center

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

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A 20-year-old day care worker was recently arrested and charged with cruelty to a juvenile. Alexis Binford was booked into Ouachita Correctional Center after she bit a child under her care at the day care center. In the arrest affidavit, the infant's father told police his son had a bite mark on his cheek. The report also revealed that Binford texted the mother of the infant admitting she had bit the child, however, Binford claimed she was playing with the child when the incident occurred. According to the director of the day care center, Binford was in a room with multiple children including the infant victim. The oldest child in the room was 1-year-old and had only 2 teeth - the bite marks on the infant's cheek reveal that his was bit by a person with more than 2 teeth. Although Binford told the child's mother the incident was an accident, Binford did tell police the child had been crying non-stop, she could not make him stop and thus, felt overwhelmed. There was an incident in November 2010 where Binford's own child was bit on the ear. Binford told West Monroe police she did not know who did it and denied doing it herself. If you would like to read more on this story please see Day care worker arrested after biting child on cheek.

Children should always be handled with patience and care. It is unlawful and immoral to inflict personal injuries onto a child because of one's own frustrations.

Posted On: January 30, 2011

Playing Games With Guns - Dangerous -8 Year Old Boy Accidentally Shot in Bernalillo County New Mexico

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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An 8-year-old boy was accidentally shot by his 17-year-old uncle in a supposedly innocent game of cops-and-robbers. The incident occurred in a gated, mobile home community located in Bernalillo County of Albuquerque, New Mexico. Initially the 17-year-old told police that the child accidentally shot himself. Eventually, the uncle came clean explaining to police he, his nephew and a few other minors were playing a game of cops-and-robbers when the gun accidentally went off and shot his nephew in the stomach. The boy was taken to University of New Mexico Hospital in Albuquerque where he was rushed into surgery. Deputies stated the doctors expected the boy to live. The 17-year-old was taken into custody and could potentially face some serious criminal charges. Not only the the uncle initially lie to police but he also told the other minors who witnessed the incident to say the boy accidentally shot himself. The 17-year-old also went as far as to hide the gun and shell casing. The range of charges the uncle could face include child abuse, intimidating a witness and tampering with evidence. When the uncle was questioned about where he got the gun, he answered off the streets. If the gun was stolen, he could face additional charges. According to police, no parents were home when the incident occurred.

Guns in the household or around children present many dangerous scenarios. Most states have strict laws about the possession of firearms by minors. It seems that this particular firearm was not properly registered or purchased by the 17-year-old. Also, guns should never be brought around children unless under strictly supervised environments. If you would like to read more on this story please see Uncle shoots nephew in stomach during game of "cops and robbers".

Posted On: January 29, 2011

Omaha Day Care Closed, Owner Arrested

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A day care center has been shut down and its owner arrested in Omaha, Nebraska. Sandra Johnson, also known as Sandra Minor, was arrested for felony child abuse. An emergency order was issued to Johnson (Minor), which immediately suspended her license as a child care provider and, ultimately, shut down her day care center. The emergency order was issued after police were called to Creighton University Medical Center. After the officers arrived, hospital staff advised them that an 11-month-old was being treated for a broken arm. Police then talked with the child's mother who told police that she believed the incident could have happened at her child's day care center.
Emergency orders are issued in the state of Nebraska when necessary to protect the immediate physical well-being and safety of a child in a child care program. If you would like to read more on this story please see Emergency order issued to day care owner in Omaha, Nebraska; center shuts down.

Johnson will be entitled to an attorney to defend the charges pressed against her. Regardless of this day care provider's culpability, violence against a child is a heinous crime. Physical violence against a child can inflict personal injuries, sometimes permanent. Children should be handled with patience and care.

Posted On: January 28, 2011

Importance of Video Surveillance in Day Care Centers in Nevada and Other States

By Jonathan C. Reed, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Las Vegas, Nevada, CBS News Now 8 covered the important topic of video surveillance in day care centers and other safety measures in place at Las Vegas day care centers. The report was in response to an arrest of a day care worker on abuse charges. While the abuse charges / allegations from incidents did not take place at a day care center or to day care center students, the fact that a day care worker was arrested for child abuse related charges is quite unsettling. What assurance does a parent have that a child is safe in a day care center? What precautions are taken to protect a child in a day care center? Are criminal background checks completed for all employees of the day care center? While criminal background checks are required by Nevada State law, a person, who does not have a criminal record, will be permitted to work at a day care centers. Thousands if not millions of child predators in the United States do not have a criminal record because they have never been caught.

When an incident takes place at a day care center, video surveillance can be key to determining the cause of the injury as well as the preventability of an injury. The video news report posted on the CBS News Now 8 website shows a day care center with multiple monitors that video various parts of the day care center. The representative of the day care center noted that a parent can access the videos and rewind the videos to see the day in progress including but not limited to any incidents that took place at the day care center. The video surveillance can help identify dangerous employees, aggressive children, and unsafe conditions at a day care center that cause personal injuries to the children at the day care center. See Parents React to Day Care Worker's Arrest.


Posted On: January 27, 2011

Concord North Carolina - School Bus and Day Care Center Bus Collide - 2 Children From Day Care Center Suffer Personal Injuries

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

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In Concord, North Carolina, an accident was reported outside the Rocky River Elementary School. The automobile accident involves a school bus and a day care center bus. The day care center bus driver will be charged with failure to yield. The children on the day care center bus were being transported with or for The Sunshine House Day Care Center. When transporting children, it is vital that school bus drivers and day care center bus / van drivers obey traffic signals, speed limits, and road signs. It is important that the driver stay alert and limit any distractions including loud radios, cell phone use, and text messaging. While it is impossible to prevent all accidents from taking place, it is possible to prevent many accidents by driving safe and following this simple advice. You can read more about this story at North Carolina School Bus - Day Care Center Bus Collide in Concord North Carolina.

Posted On: January 26, 2011

McCormick South Carolina Girl Killed by Grandfather Akita Dog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In McCormick, South Carolina, a family and community are mourning the tragic and most unexpected death of a 9 year old girl. It was reported that Kristen Dutton was attacked by an Akita dog that was purchased just three weeks before the incident by the girl's grandfather. The Japanese Akita was quite a large dog and weighed in at 98 pounds. The dog bit the girl in the neck and she died from these dog bite related personal injuries at a local hospital. The incident took place outside when Kristen was alone with the dog. It was reported that the South Carolina Department of Health and Environmental Control would pick up the dog to euthanize it. See South Carolina Girl Killed by Dog at Grandfather's Home.

Whether a dog is a family pet or a stray one, dog attacks continue to take place in South Carolina and other States. Some attacks are unpredictable in that the dog had no prior history of aggression or dog bites while others incidents involve a dog with a history of prior attacks. It should be kept in mind by all dog owners, parents, and child care providers that dogs are unpredictable and attack (at times) for no apparent reason or cause.

Dealing with a dog bite attack can be most difficult for the family of the injured child. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has a chapter on dog bites and also has information on other related topics like Medical Bills and Treatment, Damages / Compensation, and Homeowner's Insurance. You can receive a free copy of this book by clicking here.

Posted On: January 26, 2011

Truck Hits Day Care Center in Fort Wayne, Indiana

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

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A man is reported dead on the scene after he crashed his Dodge pickup truck into a daycare center in Fort Wayne, Indiana. The Fort Wayne Police Department responded to the single-car accident a little before 8 a.m. and found the man unresponsive and pinned inside his truck. According to a written statement by police, the man was reportedly driving at a high rate of speed, left the road, struck the daycare center and hit a power pole before finally rolling into a vacant lot. Medics arrived at the scene and declared the man dead. The crash remains under investigation by local authorities and agencies.

The death of this man is a tragedy for his family and community. Speeding is a dangerous and sometimes deadly driving behavior. By speeding, a driver reduces his or her ability to brake or otherwise stop the vehicle in order to avoid a collision. It is important for drivers to obey designated speed limit. Driving at a safe speed will make roadways safer for all other drivers and passengers. If you would like to read more on this collision please see Speeding man fatally crashes into daycare center in Fort Wayne, Indiana.

Posted On: January 25, 2011

Dangers of Drowning in Bathtubs to Toddlers - Importance of Supervision

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

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Authorities in La Crosse County, Michigan, are investigating the death of a 15-month-old toddler. The toddler is suspected to have drowned in the bathtub of his home in the Town of Campbell, Michigan. Authorities arrived to the home after the father of the toddler reported that his child had possibly drowned in the bathtub. First responders to the scene found the child unresponsive. Although attempts were made to revive the toddler, the child was pronounced dead at Gunderson Lutheran Medical Center. If you would like to read more on this incident please see 15-month-old reportedly drowns in bathtub.

Today, most homes come equipped with a bathtub. However, parents fail to realize that even a small amount of water can be quite dangerous for smaller children. Bathtub drownings are still extensively reported. Every time a child is near or around water, the child should be constantly supervised. Other safety precautions can be taken as well. For example, when a tub is not being used, drain it.

Posted On: January 24, 2011

Infant Suffers Personal Injuries from Gunman Who Fired on a Minivan in Pleasant Grove (Dallas) Texas

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

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An 11-month-old boy was shot in an apparent drive by shooting in the Pleasant Grove area of Texas. Police have arrested a gang member, identified as 31-year-old Carlos Cordova, in relation to the drive by shooting. Cordova faces a charge of injury to a child and aggravated assault.

The incident occurred around 11:40 p.m. A gunman driving a maroon four-door Dodge vehicle approached the minivan and began firing shots into the driver's side of the van. Police believe the driver of the minivan, 22-year-old Juan Gomez, was the target of the shooting. Other passengers in the vehicle included 22-year-old Esther Chaves and her three sons, ranging in ages from 11-months to 4-years-old. After the shots were fired, Gomez sped away not realizing the 11-month-old infant had been shot. It was not until Chavez began taking her children out of the van when she found that her 11-month-old boy had been hit in the knee. After the discovery, police were called. The child was reported to be in good condition at Children's Medical Center Dallas, but he did have to undergo surgery to repair his fractured leg. If you would like to read more on this story please see 11-month-old boy hit in drive by shooting in Dallas, Texas.

Gang-related crimes can be deadly to innocent victims. Any of the passengers could have been killed in this drive by shooting. It is a tragedy that innocent lives risk being lost due to criminal activity.

Posted On: January 23, 2011

Child Dies in Automobile Accident in Marshalltown, Iowa

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

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A 10-year-boy died as a result of a fatal head-on collision in Marshalltown, Iowa. The young boy was identified as Hunter Snider. Hunter's residence was not publicly released but it was confirmed that he died at Marshalltown Medical & Surgical Center after being transported there after the collision.

According to the Iowa State Patrol, the accident occurred on a 180th Street, a gravel road. One vehicle, whose driver was identified as 34-year-old Mitchell James Storjohann of Marshalltown, was traveling Westbound on the gravel road. The other vehicle involved was driven by 33-year-old Shane Eric Ersland of Iowa City; Ersland was traveling Eastbound on the same gravel road. According to troopers, both cars were riding in the middle of the gravel road and when each automobile topped a hill, they collided. The report did not state what car Hunter was riding in. Other victims of the crash who sustained personal injuries were identified as Ann Marie Ersland, 57, of Marshalltown and Shane Ersland; both were treated at Marshalltown Medical & Surgical Center. If you would like to read more on this story please see Fatal head-on collision occurs on Iowa gravel road, 10-year-boy (Hunter Snider) killed.

The death of this young boy is a tragedy for his family and community. Drivers who are traveling on dirt, gravel, clay, or otherwise unpaved roads need to use extra caution. These environments can make regular driving activities more challenging due to their narrower space and lack of durability.

Posted On: January 22, 2011

State of Montana Introduces New Day Care Rating Pilot Program

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In order to promote better training and quality in day care centers, the State of Montana recently introduced a pilot program called the Best Beginnings Starts to Quality Program. Statewide, there will be 125 Montana day care centers participating in the program. Each day care center enrolled in the program will start out at a Star Level 1 and advance to upper levels according to the training obtained, certification, and experience. It appears that the program is based on positive reinforcement of advancement to higher levels. Hopefully, this program will result in better child care in the State of Montana. You can read more about this new program at State of Montana Rolls Out New Day Care / Child Standards - Ratings Program for Childcare Providers.

Posted On: January 21, 2011

Former Treatment Center Employee Arraigned on Child Abuse Charges in Martinsburg, West Virginia - Abuse Caught on Videotape Surveillance

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In West Virginia and other States, children are cared for and supervised at treatment facilities for emotional and behavioral problems. The facility and staff have a duty to provide consistent and compassionate care for these children. Unfortunately, some child care workers abuse their position and abuse or neglect children under their care. Having video surveillance in child care facilities including treatment centers, day care centers, and schools can be very helpful in monitoring and evaluating the care provided to children. In some instances, the situation would be difficult to evaluate without such video surveillance because it may just be the child's word against the employee's word. If the child has emotional or behavioral problems - then it may be difficult to prove the abuse / neglect and convince the sheriff's office, district attorney / state attorney, and others to take action.

In Falling Waters, West Virginia, a former child care worker (Keebo Dowe) has been accused of child abuse. The incident took place at the United Methodist Church. It was reported that the incident which involved Dowe choking a 15 year old boy while holding him down across a table and chairs.

While it was reported that the boy only suffered minor injuries to his jaw and cheek, the allegations, if true and if there is not justification for the same, are quite disturbing. Of course, Dowe will be entitled to defend himself from these allegations through the services of West Virginia criminal defense attorney or the public defender's office. You can read more about this stor at Ex-Treatment Center Employee (West Virigina) Charged with Child Abuse.

Posted On: January 20, 2011

Vatican Kept Child Rapist as Priest - Protecting Child Should Be More Important than Protecting the Church

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Tony Walsh is a child predator, a child rapist, and a danger to society and children. Unfortunately and tragically, the Catholic Church of Ireland protected this man for years until the Church could not longer do so because of Walsh's very public act of raping a boy in a pub restroom. Walsh deviously used his position of power and influence in the child to commit heinous and unforgivable acts against children for years. While the story and history of this man is most disturbing, it is one that should be read and shared with others to encourage the Catholic Church and any other institution out there to oust these predators and assist law enforcement with the prosecution of them. You can read more about this story at Vatican Court Kept Irish Child Rapist as Priest.

Posted On: January 19, 2011

Teens and Children Can Get Into Big Trouble Posting Improper (Nude Photos) On the Internet

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, children are often times the victims of child predators who molest them, photograph them, and video tape them. Local, State, and Federal authorities have been successful to some extent in catching these predators and prosecuting them for the heinous crimes. What happens if a child decides to post a photo of himself or herself on line? Regardless of the person who does the posting, it is still child pornography and the dissemination of child pornography which is a crime. In Pittsburgh, Pennsylvania, it was reported that a 15 year old girl was arrested by authorities for these very acts of taking nude photographs of herself and then posting the photographs on line. Children (including teens) often lack good judgment and really do not understand or appreciate the repercussions of their actions. Whether photographs are sent to one person or many, posted on Facebook, posted in a chat room, or elsewhere on line, there are many problems (both legal and moral) with the posting of nude photos of children on line. You can read more about this story at Teen Girl Charged with Posting Nude Photos on the Internet.

Posted On: January 18, 2011

Debate: Religious Beliefs over Life Saving Medical Treatment - Philadelphia Pennsylvania Jury Convicts Parents of Criminal Manslaughter Charges

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, some parents grapple with the dilemma of following religious beliefs and directives versus medical testing and evaluations for their children. An adult can make decisions for himself or herself as long as they are competent to do so. Since children are not legally competent and most do not have the maturity or knowledge to make an informed decision about medical care, children rely on their parents to guide them and direct them regarding health care. Unfortunately, some children suffer injuries and even death when a parent is guided by zealous religious beliefs that prevent or limit the medical care available for a child. Of course, each case or situation should be evaluated or judged on its own merits. While a person has the freedom of religion in the United States, there are often ethical, moral, and legal dilemmas when medical care is withheld from a child in the name ans spirit of religious beliefs. When these situations arise, there are many viewpoints to contend with including those of religious leaders, religious institutions, parents, medical doctors, medical ethicists, and, yes, the child. In Philadelphia, Pennsylvania, a jury recently convicted parents of the criminal charges of manslaughter regarding their choice to exercise the act of prayer over available medical care for their child. You can read more about this story at Choice of Prayer over Medical Care - Death of Toddler.

Posted On: January 17, 2011

How Should Infants be Supervised and Positioned for Naps in Day Care Centers? Legal Rights of Children and Legal Liability of Day Care Centers

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

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In Norfolk, Virginia, a church day care director was arrested and is being prosecuted for the death of a 7 week old child (Dylan Cummings) who died while under the care of Little Eagles Day Care Center which is a day care center affiliated with Bethel Temple Church of Deliverance. The director and another employee are being charged with child neglect. Attorneys for the day care director and the employee report that the Defendants cared for the child in a nursery and truly cared for and loved the child enrolled in the day care center. Prosecutors paint a different picture of a day care center that did not follow regulations and that placed children in a crib in a windowless closet. It is expected that the case will focus, in part, on medical issues involving the cause and preventability of the child's death. It was reported that Dylan died of Sudden Infant Death Syndrome (SIDS). The prosecutor will argue that the child was unsupervised for 2 1/2 hours and that he was allowed to sleep on his stomach which puts an infant at risk for SIDS (Sudden Infant Death Syndrome).

There is support to the prosecution's case in the medical community and with organizations like The American Academy of Pediatrics. The American Academy of Pediatrics (AAP) has recommended that parents and child care providers have babies sleep on their backs. This recommendation has been in place since 1992. Studies indicate that the SIDS (Sudden Infant Death Syndrome) has been reduced with this simple technique or habit of having babies sleep on their backs. See Recommended Sleeping Position for Infants.

There is no indication that the day care providers wanted to harm the children or had intended the death or injuries to take place; however, criminal cases like these do not require the proof of intent to harm as an element of the prosecution.

The death of Dylan Cummings and other similar incidents (See also Autopsy Confirmed that 6 Week Old Died from Positional Asphyxiation - South Carolina.) should be used as a teaching tool for all day care providers about the importance of supervision during nap time and the proper techniques or positions that should be used for sleeping infants.

Posted On: January 16, 2011

Dangers of the Neighbor's Dog - North Carolina Girl (Makayla Woodard) Dies in Dog Bite Attack

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

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In Waxhaw, North Carolina, a family and community are mourning the death of a 5 year old girl (Makayla Woodard) who was fatally attacked by the neighbor's Pit Bull dog near the Downtown area. The incident happened just after 11:00 a.m. Makayla's grandmother (Nancy Presson) tried to pry the dogs off of the 5 year old girl. Both dog bite victims were transported to Carolinas Medical Center-Union in Monroe, North Carolina. Despite efforts to save her life, Makayla died at the hospital.
Person's daughter, who is Makayla's mother, said Wednesday night that her mother's injuries were severe, but that she would survive them.

The dog owner may be charged with violating the applicable dog leash law and other charged, according to Waxhaw Police Chief Michael Eliss. See North Carolina Girl Dies After Pit Bull Dog Attack - Grandmother Severely Injured.

In North Carolina, the dog bite laws are a little confusing. One set of laws provide that a dog owner gets a "one bite" pass before liability can be imposed. Another set of laws imposes liability for the dog bite by a dangerous dog or a potentially dangerous dog. In addition, North Carolina laws can vary by city to city and county to county. Before of the complexities of North Carolina law as to liability and damages awardable for a dog bite incident, it is helpful for victims of dog bite injuries to consult with a personal injury lawyer or a child injury lawyer for these matters.

There are many issues that a parent must deal with in caring for a child who has been injured by a dog bite incident. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Treatment and Bills, Damages / Compensation and other topics. You can received a free book by clicking here.

Posted On: January 15, 2011

Plainfield North High School Teacher Accused of Sex with Student

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

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A 27-year-old teacher at Plainfiled North High School in Illinois is accused of having sex with a 16-year-old male student at the high school. The teacher was identified as Ashley Blumenshine. She was charged with aggravated criminal sexual assault. Blumenshine was described by former her students as an outstanding teacher. She taught physical education and dance. The two were caught by police in a parking lot behind a Kohl's department store. According to police, a Plainfield officer noticed two cars suspiciously parked outside the department store - one was empty while the other had two people inside. After the officer approached the occupied car, the teen was in the back seat with only half his clothes on. Both the student and Blumenshine were taken into custody. Blumenshine allegedly had sex with the student in the parked care. Blumenshine's duties have been taken over by a substitute at the high school. If convicted she could face probation or 3-7 years in prison. As part of her bond agreement, Blumenshine is not allowed to have contact with anyone under the age of 18-years-old with the exception of family members. If you would like to read more on this topic please see Illinois high school teacher accused of having sex with 16-year-old student.

Posted On: January 15, 2011

Mother and Child Hit and Injured - Pedestrians Hit While Crossing Street in McKeesport, Pennsylvania

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Recently, a mother and her 8-year-old daughter were s struck by a truck while crossing a street in McKeesport, Pennsylvania. The collision occurred around 5:30 p.m. and many rescue vehicles arrived to the scene shortly after. Although neither the mother nor the daughter sustained life-threatening personal injuries, their personal injuries were significant and each had to be taken to and treated by hospital physicians. The mother sustained a serious personal injury to her leg and was rushed to Mercy Hospital. The child suffered a head laceration and was transported to Children's Hospital. Police have not stated whether any charges will be filed regarding the pedestrian incident. If you would like to read more on this accident please see Mother and young daughter severely hit and injured in Pennsylvania car collision.

Personal injuries related to automobile accidents / pedestrian accidents in general can be very stressful and traumatic events, not only physically but also emotionally and fiscally. The consequences of collisions involving pedestrians can potentially be more severe because the pedestrian victim is not protected by a vehicle's armor. Drivers responsible for causing collisions should incur the liability for causing stress and physical personal injury to the collision's victim. Courts will usually impose liability in the form of damages including but not limited to (re)payment of past, present and future medical expenses, compensation for one's ability to enjoy life as one previously did before the collision and lost wages. An injured party's spouse may even bring a claim against the tortfeasor for loss of consortium damages. The extent of damages will vary from jurisdiction-to-jurisdiction.

Continue reading " Mother and Child Hit and Injured - Pedestrians Hit While Crossing Street in McKeesport, Pennsylvania " »

Posted On: January 14, 2011

Crowded Parties with Alcohol - A Danger to Middle School and High School Students

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

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Middle school and high school students like to gather around and socialize at parties and get togethers. Usually, there are no problems; however, when a party gets too big or has kids there who are careless or want to get in trouble - problems can occur. This is especially true when you combine a crowd of unsupervised middle school and high school students and alcohol. In Athens, Georgia, the Atlanta Journal Constitution Newspaper website reported that a party got out of control. Many crowded parties like these can and do lead to serious personal injuries and, in some instances, death. You can read more about this out of control party at Athens Georgia Party Becomes Brawl.

Posted On: January 13, 2011

Medical Care For a Child Injury - Urgent Care, Emergency Room or Pediatrician

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Las Vegas, Nevada and other cities, urgent care centers have opened as an alterative to traditional emergency rooms. Urgent care centers may be a good alternative to a local emergency room depending in the injury or condition involved, the needs of the patient, and the experience / skills of the staff at the urgent care center. Children should not be viewed as little adults or smaller adults because the medical needs of children can be much different than the medical needs of adults. Because of this, some medical providers advise parents to have a child seen by a pediatric doctor (when possible and available) following a child injury or for evaluation of a child illness. In Las Vegas, Nevada, the Las Vegas Sun reported that a pediatric urgent care center is serving the need of children in the area in need of its services. See All-Night Pediatric Clinic Offers Parents Alternative to the Emergency Room.

It is helpful for parents to have resources and alternatives when getting care for a sick or injured child. In most cases, the services of a pediatric urgent care center will be adequate; however, if there is a head injury or concern about a significant injury that may require immediate surgical intervention - go to an emergency room. It may be helpful to call the local urgent care center or emergency room ahead for some guidance on the matter. The pediatrician should also be used as a resource for child injuries or illnesses. Some pediatricians have a strong preference for follow up at a certain facility or by a certain doctor. The focus should be on the best interest and welfare of the child over all other concerns including costs, convenience, and timing.

Posted On: January 12, 2011

Death of Special Needs Child - Fell from Bus - Driver May Have Violated Policies and Procedures

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

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When transporting children, it is important for school districts and school bus drivers to maintain control and order on the school bus. Because of the dangers and risks involved with transporting children, most school districts have written policies and procedures in place that school bus drivers and attendants must follow in order to promote the ongoing safety of the children on the bus and others on the roadway. When there is a problem with a school bus driver or transportation to or from a school, a parent should address the issue with the school administration and transportation department. In addition, a parent should review the policies and procedures in place for a school district to find out what the procedures are and if the procedures were followed. Of course, if there is a serious personal injury to a child that took place as a result of the negligence of the driver or other school employee, a Child Injury Lawyer can assist the parents with the investigation and all of the other issues that are associated with the child injury including the medical bills, medical treatment, and compensation for expenses as well as pain and suffering. It is important to address both the incident itself as well as the future transportation needs of the students so that other incidents do not take place that put children at risk for personal injuries.

In Baltimore, an incident was reported in which a special needs student was injured and died as a result of injuries suffered when he fell to his death from the back of a moving school bus. According to news reports, Jeremy Jennings, Jr. displayed behavioral issues that would have justified the bus driver to pull over to address the behavior to properly maintain order on the bus. Better bus and behavior management may have avoided this most tragic incident. You can read more about this story at Boy Falls to His Death in Baltimore Maryland Out of Moving School Bus.

See also Special Needs Student Dies After Falling from Bus - Legal Rights of the Child and His Family.

When a child suffers a personal injury, a parent is faced with many issues and decisions to make on behalf of the injured child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know provides information on issues that arise with a Day Care Injury, School Injury, Automobile Accident, Sports Related Injury, and other causes. You can receive a free book by clicking here.

Posted On: January 11, 2011

Campos Day Care Center - Man Accused of Child Molestation - Investigation Continues

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

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KCBS News (San Francisco) has reported that a man has been arrested on charges of child molestation at a San jose day care center. Campos Day Care Center is located on Chatsworth Place and may have been the site of lewd acts committed on a child at the day care center. Police are concerned that there may be more victims of abuse by Primitivo Campos - age 60. There is a hotline to call with any information regarding abuse at the day care center. Call Silicon Valley Crime Stoppers Tip Line at (408) 947-7867 or Santa Clara Child Exploitation Detail at (408) 277-4102. See Campos Day Care Center - San Jose - California - Man Accused of Child Molestation.

Parents rely on day care centers to provide good care and consistent supervision of their children. It is most disturbing that many day care owners and their employees exploit defenseless children under their care.

Dealing with the aftermath of a child injury can be quite difficult for a parent. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child -What Every Parent Should Know has sections on Child Abuse, Day Care Injuries, and other topics. You can receive a free book by clicking here.

Hopefully, if crimes were committed at this California day care center, police and investigators will locate witnesses and evidence to properly prosecute the case. Mr. Campos will have the right to defend himself through the legal services of a California criminal defense attorney or the Public Defender.

Victims of child abuse suffer from both physical injuries and the psychological injuries of the violation of their rights. The injuries can last a lifetime and require medical care and counseling.

Posted On: January 11, 2011

21 Month Old Child Found Locked Unattended in a Green Bay, Wisconsin Vehicle - Temperature Was 16 Degrees Outside

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

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In the Winter months, it is very dangerous and risky to leave a small child unattended in a vehicle. In States like Wisconsin, Minnesota, Illinois, and other cold weather states, Winter brings the risks associated with hypothermia. In some instances, a child can die from the effects and complications from hypothermia. Because of these risks as well as the risks of abduction, strangulation, and other dangers of being left alone in a car, it can be a crime to leave a child unattended in a vehicle. It was recently reported that a 21 month old was found locked in a car in Green Bay, Wisconsin outside of a bar. Fortunately, the child was found by law enforcement and did not suffer any serious or permanent injuries from being left unattended in the vehicle. Of course, with more time and other complications, the situation could have been deadly for this child. You can read more about this story at Child Found Locked in Vehicle at Green Bay Wisconsin Bar.

Supervise children at all times and never ever leave a child unattended in a vehicle.

Posted On: January 10, 2011

11 Month Old Girl Attacked by 3 Year Old Boy - Video Surveillance in Wisconsin Day Care Centers

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

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Day care operators and employees have a duty to properly supervise the children under their care. At times, children hurt each other and without consistent and timely intervention - serious injuries can occur. A disturbing incident took place at the Kidology Day Care in Milwaukee Wisconsin. Video surveillance recorded a 3 year old attacking an 11 month year old girl. The baby suffered injuries from the 3 year old biting her and punching her. The case is being investigated by law enforcement and child care licensing officials.

It is most unsettling a baby suffered injuries at the hands of another child while under the supposed care and supervision of a Wisconsin day care center. This case should serve as an important reminder that older and larger children can pose a danger to smaller ones in the day care center setting. It should also serve as a reminder of the importance of supervision at all times in day care centers especially when watching and supervising infants and toddlers. You can read more about this story at 11 Month Old Girl Attacked by 3 Year Old Boy - Video Surveillance in Wisconsin Day Care Centers.

Posted On: January 9, 2011

Former Johnson County (Kansas) Day Care Provider Sentenced to Prison - 41 Month Prison Term - For Child's Tragic Death in Day Care Center

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

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In Kansas, a former Johnson County Kansas day care operator was sentenced to a 41 month prison term for the tragic death of an 18 month girl that was under her care. The prison term resulted from the conviction of charged of involuntary manslaughter, aggravated child endangerment, and operating a day care center with too many children. Ava Patrick was the victim who died when her neck got stuck in a wooden fence of the day care center operated by Lawrence. The attorney for Ms. Lawrence argued that the death resulted as a result of an accident and not from reckless conduct. See Former Johnson County (Kansas) Day Care Provider Sentenced to Prison - 41 Month Prison Term - For Child's Tragic Death in Day Care Center

While there is no indication that Ms. Lawrence wanted to harm this child, the prosecution tried the case on the argument or allegations that Lawrence's conduct was reckless in nature. The reason for day care regulations and laws is to keep children safe. Staff to child ratios result from years of study as to the proper number of adults needed to effectively and safely supervise the children.

With more and more deaths, injuries, and dangerous conditions existing in licensed and unlicensed day care centers, one could argue that the criminal penalties for these kind of crimes should be more severe to act as a proper deterrent and punishment for these crimes.

It can be very difficult for a parent to cope with and deal with the aftermath of a child injury that takes place at a day care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has sections on Day Care Injuries, School Injuries, Medica Bills, Damages and Other Topics. If you are a parent in search of some information on the issue of child injury, you can receive a free book by clicking here.

Posted On: January 8, 2011

Milwaukee Day Care Employees Charged with Leaving Child in Van for 7 Hours

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

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In Milwaukee, Wisconsin, two day care employees have been criminally charged regarding an incident in which a boy was left alone in a day care center van. The child was left alone in the van for over 7 hours. It was reported that the boy was 5 years old at the time of the incident. The boy was transported to Kreative Kids Child Development Center. The boy fell asleep on the bus and nobody involved with the transportation or the day care center took any action to account for or check the bus for the child for 7 hours. Even though the van was equipped with an alarm to check for children when the day care van / bus was turned off, the boy still went unnoticed on the van for an extended time period (7 hours). You can read more about this story at Milwaukee, Wisconsin - Criminal Charges Filed Against Day Care Workers.

While the child did not suffer any significant physical or medical injuries as a result of the incident, he was quite scared and incidents like this can have long term psychological effects on a child.

The day care workers will be entitled to defend themselves against the charges through the services of a Wisconsin criminal defense attorney or the public defender's actions. There is no indication that either worker wanted to harm or abandon the child; however, the carelessness or recklessness of actions can be the basis for criminal prosecution even though there is no intent to harm the victim / child.

Posted On: January 7, 2011

Teen Airlifted to Hospital After Being Hit by School Bus in Front of Nagel Middle School (Anderson Township, Ohio)

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

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In Ohio and other States, there are dangers to children on or near roadways in the early morning hours and after school hours. Unfortunately, there are accidents that take place at these time periods that lead to serious child personal injuries. It was reported in Anderson Township, Ohio that a 15 year old boy was hit by a school bus in the morning hours near Nagel Middle School. Due to the severity of the personal injuries, the child was taken to Mercy Anderson Hospital and then flown to Children's Hospital. See Teen Flown to Hospital After Being Struck by School Bus.

Whether a child is injured in an automobile accident, a school bus accident, school related injury, or day care related injury, a parent is faced with many issues and struggles in caring for the injured child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know contains information and tips for parents dealing with the aftermath of a child injury. Click here for a free book to serve as a resource of information when dealing with the issues related to a child injury.

Posted On: January 7, 2011

Dangers of Children Playing with Matches and Lighters - Brooklyn, New York Fire Results in Death of Four Month Old Girl (Aniyah Vaughan)

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

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It is well known that children are curious. Unfortunately, many children also do not recognize the dangers of lighters and matches. Child's play with flammable producing items like matches and lighters can lead to dangerous fires that can and do cause serious personal injuries and death. In Brooklyn, New York, it was reported that a fire started by a child playing with matches caused the death of a 4 month old baby girl named Aniyah Vaughan. See Child Playing with Matches Caused Fatal Brooklyn Blaze. Firefighters responded to the scene and were able to get Aniyah out of the building. Unfortunately, Aniyah later died at the hospital.

Parents, teachers, day care providers, and others who supervise or care for children should keep matches and lighters out of the reach of children. While a child may know not to play with matches and lighters, they still do. The best safety measure is to remove the items from the reach of children.

Posted On: January 6, 2011

Tragic Arizona Bus Crash Ends Life of 7 Chinese Tourist - Hoover Dam

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Tourists flocks to the United States every year. This includes the areas of the Hoover Dam and the Grand Canyon. An Arizona tour bus crash ended the life of 7 tourists from China. It was reported that the bus driver was driving and over-corrected a turn which caused the bus to roll multiple times. The bus was owned by D.W. Tours. Unfortunately, the bus was not equipped for the Chinese tourists / passengers.

When the issue of seat belts arises in bus accidents and other vehicle accidents, the question at hand is whether the use of seat belts would have prevented or reduced the severity of the injuries suffered by the passengers. Incidents like this also raise questions about the availability and use of seat belts on school buses. You can read more about this story at Arizona Bus Crash Kills 7 Chinese Tourists - No Seat Belts Offered for Passengers of the Bus.

Posted On: January 5, 2011

Dangers of Chemicals in Day Care Centers - Soaked Diaper with Drano Burns Child in McKees Rocks Pennsylvania Day Care Center

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In Pennsylvania and other States, it is important for child care providers and day care center employees to safeguard chemicals and cleaning products away from the reach of children. In addition, it is important to keep chemicals and cleaning products away from the clothing, diapers, and any other items that come in contact with children so as to avoid accidental contact with the child. In McKees Rocks, Pennsylvania, a most unfortunate and avoidable day care injury / incident took place involving a 7 month old child (Kimberly Spriggs). It was reported that the infant was burned while under the care of the Butterfly Garden Early Learning Center. A bottle / container of Drano some how got soaked into a diaper that was later placed on the child. This, in turn, caused severe chemical burn injuries to the child. You can read more about this story at Injured Baby to Get Skin Graft Due to Chemical Burns at Pennsylvania Day Care Center.

Dealing with the aftermath and injuries from a day care accident or incident can be quite stressful and confusing for a parent. There are many different issues and challenges to deal with as a parent. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know is a good resource for parents with questions about the various issues that arise from a day care injury, school injury, playground injury, and other injuries. Topics include these as well as damages, medical bills, and medical treatment. You can receive a free book by clicking here.


Posted On: January 5, 2011

Unfortunate Drowning Death in Lake Michigan - Teen Jumped In to Get Girlfriend's Water Bottle

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

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An unfortunate drowning death occurred in Lake Michigan recently. I twas reported that Michael Hilling, age 19 from Rock, Michigan, went into the water to retrieve his girlfriend's water bottle that had fallen into the lake. The incident took place as Hilling and his girlfriend were watching a fireworks celebration just after midnight to bring in the New Year. The simple act or gesture of getting a water bottle lead to this young man's death. There is a danger or risk of drowning for any child or adult that goes into a lake or other water way. The depth of the water, temperature of the water, time of day / night, and other factors can contribute to the risks when a person jumps into a water. While most think that only children are at high risk for drowning, the risk really applies to everybody - young or old and everybody in between. You can read more about this story at Teen Dies After Jumping into Lake Michigan.

Posted On: January 5, 2011

Ski Lift Malfunctions and Problems Lead to Injuries of Several Skiers in Sugarloaf Mountain, Maine

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Maine and Other States, people enjoy the sport of snow skiing and snow boarding. Most injuries are suffered while attempting to maneuver the slopes. There are risks associated with snow boarding and snow skiing. Of course, the level of risks depends on the following: condition of the slope, steep or level of the slope, weather conditions, experience of the skier, presence and ski level of other skiers / snow boarders, and other factors. There are also risks with the travel to and from the slopes through the use of ski lifts. In Sugarloaf Mountain, Maine, a lift broke leaving some visitors injured and others trapped for a time period. It was reported that 9 visitors were injured and 200 were trapped. You can read more about this story at Skiers Trapped and Injured in Maine.

Posted On: January 4, 2011

Autopsy Confirmed that 6 Week Old Died from Positional Asphyxiation

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Rock Hill, South Carolina, the death of a 6 week old child in a crowded Rock Hill day care center made news recently. As expected, an autopsy was performed in order to determine the cause of death. According to the medical examiner, the child died as a result of positional asphyxiation. This medical term refers to medical complication caused when a person's position prevents the person from breathing adequately. See Baby Died Of Natural Causes In Crowded South Carolina Day Care Center. It has been reported that even star athletes have died as a result of position asphyxiation. See Wikipedia Positional Asphyxiation. It is believed that the baby was faced down in the crib by the owner of the day care center.

The American Academy of Pediatrics (AAP) has recommended that parents and child care providers have babies sleep on their backs. This recommendation has been in place since 1992. Studies indicate that the SIDS (Sudden Infant Death Syndrome) has been reduced with this simple technique or habit of having babies sleep on their backs. See Recommended Sleeping Position for Infants.

Posted On: January 3, 2011

Tragic Fire in Seattle Suburb (Redmond, Washington) Leads to Death of 4 Children and 1 Adult - No Fire Sprinklers in Place

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Redmond, Washington, a tragic fire was reported that involved the unfortunate and tragic deaths of 4 children and 1 adult. The incident took place on January 1, 2011. The blaze resulted in the response of six fire departments as well as fire investitors from the Bureau of Alcohol, Tobacco, Firearms and Exposlives. There was no indication from the initial inspection or response to the scene that the fire was intentionally set or that there was criminal activity involved with this fire or the resulting deaths.

The building that caught fire was described as a three story complex in Redmond, Washington. The building reportedly had smoke detectors but no sprinkler system which was not required by the the building codes at the time that the building was constructed.

Fires seem to be more prevalent in Winter months as opposed to other times of the year due to the use of fireplaces, heaters, portable heaters, and other items that may lead to uncontrolled and deadly fires. You can read more about this story at 4 Children, 1 Man killed in Seattle, Washington Suburb Fire.

Posted On: January 2, 2011

Registered Sex Offender Getting Jobs in Schools - State by State Analysis of Laws Regarding Schools, Employment, and Registered Sex Offenders

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Parents send their children to school with the hope and expectation that the children are well supervised by responsible adults. Unfortunately, according to a recent story posted by The USA Today, sex offenders are getting jobs in the public school system in various States. The article was interesting and quite disturbing. You can read about this problem and see what laws are in place for each State at Registered Sex Offenders Getting Jobs in School System.

It is quite stressful dealing with a child injury or incident that takes place at a school or a school system. Schools and day care centers should be havens for children where they can learn and be supervised in a safe and protected environment. Unfortunately, at times, school and day care employees carelessly or intentionally harm a child and cause serious personal injuries to the child. Dealing with these issues can be quite a challenge for the parent caring for the child. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has sections on School Injuries, Day Care Injuries, and other topics. Parents can receive a free copy of this book by clicking here.

Posted On: January 1, 2011

Dangerous Roads and Driving in South from Icy Roads in Winter

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Icy roads are causing dangerous road conditions in Southern States this winter. While Southern States do not nearly get the snowfall of the Northeast and other areas of the country, the dangers of the roadways can still lead to serious personal injuries and death. Proper car maintenance and tires are key to safer driving when the road conditions are more precarious. You can read more about this story at Icy Roads - Dangerous in the South.

 
 
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