Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Shannon Johnson, of Weld County, Colorado, was sentenced to 10 years in prison followed by 5 years mandatory parole in relation to the drowning of her 13-month-old son. Johnson, 34, pleaded guilty to child abuse causing death in March 2010. She admitted to police she was on the popular social networking website Facebook playing Cafe World, checking on the status of friends and sharing videos while her son was taking a bath. Johnson told police she had checked on her son once in a 10 minute period. After about 3 more minutes passed, she no longer heard her son playing in the bathtub. When she went to check on him a second time Johnson found her son sideways with his face in the water. The toddler was transported by ambulance to a nearby fire station and then airlifted to Children's hospital where he was pronounced dead. The toddler had also had a seizure at his grandmother's house one month prior to the his drowning. Johnson was given anti-seizure medication to give to the her son in the event he had a seizure. The investigation was stalled pending the results of the toddler's autopsy, which revealed the cause of death to be anoxic brain injury, cardiac arrest and drowning. Johnson's mother told investigators she warned her daughter about the dangers of leaving a child unattended in a bathtub just days before he drowned. For more read Mother sentenced to 10 years imprisonment after pleading guilty to child abuse causing death, admitted to police she was on Facebook while child drown in bathtub.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When transporting children, it is important that all parents, babysitters, schools, day care centers, and summer camps follow safety measures for the protection of the children. One basic safety measure is the use of proper child safety seats and seat belts when transporting children. The National Highway Traffic Safety Administration publishes a very helpful guide for child safety seats. All parents and transporters of children should print out this guide and review it to make sure that all necessary and reasonable safety measures are taken while transporting children. See NHTSA Car Seat Recommendations for Children. NHTSA recommends the following:

Children (ages Birth – 12 months) should be placed in a rear facing car seat.

Children (ages 1 - 3 years old) should remain in a rear facing seat as long as possible and according to the recommendations of the manufacturer of the car seat.

Children (ages 4 - 7 years old) should be a forward facing seat until the child reaches the height and weight according to the recommendations of the manufacturer of the car seat.

Children (ages 8 - 12 years old) should be placed in a booster seat until the child is big enough to properly fit in a seat belt equipped with the vehicle.

Proper seating can help better protect children when there is an automobile accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Spring Break brings high school, college, and other people out to bars, restaurants, and the beach. Most people go to Spring Break destinations to have fun with friends and meet new ones. Unfortunately, Spring Break crowds make for busier roads and, yes, drivers who are under the influence of alcohol and / or drugs. Four fatal crashes were recently reported in the Myrtle Beach, South Carolina. See 4 Fatal Crashes At Beach on Spring Break Saturday.

Three of the four accidents took place between the hours of 1 a.m. and 7 a.m. according to the South Carolina Highway Patrol. Local and State South Carolina Police officials want drivers to use more caution and patience when driving in Spring Break areas especially at night. There is a responsibility on the part of the driver as well the responsibility of the pedestrian and bicyclist who are in Spring Break areas.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In St. Paul, Minnesota, Arahon Atlas was severely bitten by a dog that outweighed the 8 year old boy by over 30 pounds. As a result of the dog bite attack, Arahon received medical treatment and needed over 50 stitches for the injuries. Arahon was on his way to go swimming with a friend when the dog bite attack took place. St. Paul Minnesota animal control quarantined the dog and officials will make a determination of the dog qualifies as a dangerous or a potentially dangerous dog. The family of the boy expects that the boy will recover from the dog bite related injuries. See Eight Year Old Suvives Dog Attack.

Dogs can be unpredictable and, at times, attack children for no apparent reason or known cause. It is important for dog owners to maintain control of their dogs. Appropriate fencing and signs are important. Furthermore, the use of a dog leash can prevent many attacks from taking place.

Minnesota is a Strict Liability State for dog bite injuries. In other words, the dog bite victim does not need to prove that there was a prior history of violence or that the owner knew or should have known that the dog was dangerous. The dog bite victim will need to show that the dog bit without provocation and that the dog bite victim was an invitee or otherwise lawfully present where the incident took place. See Section 347.22, Damages, Dog Owner Liability - Minnesota Statutes.

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

In Ohio and other States, parents entrust schools and day care centers to provide a safe and clean learning environment for their children. In addition, parents expect that the teachers and staff members employed by the school and the day care center are alert, healthy, and doing their best to supervise and educate the children. Unfortunately, some teachers and day care workers shirk these responsibilities and engage in other activities at school that take away from their effectiveness and attentiveness. This can include excessive texting, Facebooking, computer and video games, taking on the cell phone, and, yes the use of drugs and alcohol. In Westlake, Ohio, it was reported that a substitute teacher was arrested for allegedly drinking at Westlake High School. The incident took place on April 8, 2011 where police were dispatched to the school. The teacher, Anne M. Keller, was cited for Disorderly Conduct Intoxication and having an Open Alcohol Container at the school. She later pled guilty to both of these charges. The physical evidence observed by the police was a Grey Goose Vodka botte. See Police: Teacher Drank at School, Had Bottle of Grey Goose.

Whether Ms. Keller is a good or bad teacher does not come into play when there is an incident of being intoxicated and having alcohol at the school. It is well known that alcohol slows down motor skills and affects decision making ability. It is important for a teacher or child care provider to be sharp and alert because children from elementary through high school age need adult supervision.

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

In Georgia and other States, there are dangers in most residential communities. What is one of the most common dangers? Ponds and lakes are among the most common dangers in residential neighborhoods. While the scenery and view of a lake or pond can be quite beautiful, there are risks of these water ways especially to young children. Many lakes and ponds are not fenced or otherwise situated to prevent young children from wandering into them. Because of this, young children die every year from accidental drownings. One such drowning was recently reported in near Chatsworth, Georgia. A 22 month old child (Aiden Hammontree) apparently wandered into a pond near the family home and drowned. The death of this child is certainly a tragic loss for the family, neighborhood, church, and the community. See North Georgia Toddler Dies in Pond Near Family Home.

Dealing with the death or serious personal injury is always difficult for the family. At these times, it is important to have other family and friends close by. The church and community also serve a role in helping comfort and assist the family grieving the loss of a child. While the services of an attorney or lawyer are not always necessary, there are, depending on the facts and the case, legal issues to deal with when a child suffers personal injuries or death. Sometimes, an attorney can help a family sort through the issues and represent the injured child or the family. At other times, there is not much an attorney can do except help comfort and advise the family. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has some helpful advice and recommendations for parents dealing with the aftermath of a child personal injury. You can receive a free copy of this book at Free Child Injury Book for Parents.

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

Recently, a bill was passed by the Illinois Senate, 42-2, that would ban teenagers convicted of rape or kidnapping from schools, public parks and day care centers, as well as join the list of sex offenders. Specifically, the bill would prohibit teenage sex offenders from coming within 500 feet of a school building or park. The bill also establishes a 100-foot barrier for juvenile offenders at school bus stops and forbids them from working at a day care center. However, ten years after completion of their sentences, convicted juvenile offenders are permitted to file for a waiver to be relinquished from the various restrictions, but only after a court ruling. Critics of the bill argue the current law, which allows judges to determine how to handle juvenile sex offenders on a case-by-case basis, is the best solution. Critics also argue that several treatment programs are in existence and these programs have a successful track record of stopping repeat offenses. However advocates of the bill argue this type of law is absolutely necessary to stop incidents like Victoria Larsen from happening. In 1979, Victoria was murdered and brutally sexually abused by a 15-year-old. For more read Illinois passes bill banning teenage sex offenders from schools, public parks and day care centers.

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

The Department of Human Services (Day Care Regulation) for the State of Oklahoma is investigating allegations of improper restraint and supervision at the KinderCare based at Oklahoma University (OU). The alleged incidents took place in Norman Oklahoma. A spokeswoman with the Department of Human Services reported that the Department is investigating whether a OU Learning Center child was tied up with sheets at the day care center. A spokeswoman with KinderCare confirmed that there were allegations made regarding the staff and stated that "Inappropriate behavior of any kind is not tolerated in our center." See Day Care Accused Of Tying Up Children - Oklahoma - DHS Investigating Day Care.

Each State including Oklahoma has rules and regulations for day care centers and child care centers. See Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Operation of the Day Care Center?

The purpose behind these day care rules and regulation is to provide a safe environment and haven for children while parents are at work. Restraining a child for convenience or supervision is typically against State day care rules and regulations. A sheet is never a proper restraint for a child and can lead to serious injuries including strangulation and asphyxiation.

When a child is abused, neglected, or harmed while under the care of a day care facility, a parent is faced with many challenges and questions. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Damages / Compensation, Child Abuse, Medical Bills / Medical Treatment, and other topics. Click here to receive a free child injury book. In addition, the book is available at the following sites: Amazon, Barnes & Noble, and Apple iBooks. Search for "The ABCs of Child Injury" and you should find the book authored by David Wolf with the red book cover.

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

Robert Eugene Frost, also known as "Mr. Bob" by the children and parents at a Cahaba Heights, Alabama, day care center, was sentenced to 20 years in prison for molesting a girl at the center. Frost was an employee at Christian's Day Care and Learning Academy, which closed soon after his 2010 arrest. The 76-year-old man was indicted on charges of sexually molesting 3 girls at the day care center where he worked. A jury convicted him of first-degree sexual abuse committed against one of the children. However, a mistrial was declared concerning the other two girls because the jurors could not reach a verdict. The names of the parents of the victims were not released in order to conceal the identity of the child victims. Under Alabama law, first-degree sexual abuse is a Class B felony, which carries a maximum sentence of 20 years imprisonment. Because the sexual abuse in Frost's case involved a child, the minimum sentence Frost could have received was 10 years imprisonment. While handing down her judgment, Circuit Judge Virginia Vinson stated she wished she could have sentenced him to a longer term because, she believes, this is one the most heinous offenses a human being can commit against another. For more read 76-year-old day care center worker found guilty of first-degree sexual abuse against a child, sentenced to 20 years in prison.

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

A day care operator and one of her employees have been accused of child abuse at a child care center in Surry County, North Carolina. The charges were formally pressed against 46-year-old Renee Frances, co-owner of the child care center, and 26-year-old Patricia Ann Seville, an employee at the center, following a two-month investigation. Frances and Seville were charged with child abuse and neglect, arrested and their bond set a $25,000 unsecured. According to Sheriff Graham Atkinson, the Surry County Sheriff's Office was contacted on February 16 about a 2-year-old that had been abused at Blackburn's Nursery and Day Care. An investigation was immediately initiated and included numerous interviews before warrants were formally issued. Although Frances and Seville have been arrested, the lead detective on the case said she is currently unable to release specifics on the type of abuse alleged. For more read Surry County, North Carolina day care operator and employee arrested on child abuse allegations.

Child abuse, whether emotional, physical or sexual, can have lifetime consequences upon its victims. Any suspicions of child abuse should be relayed to local official immediately. Contacting local authorities will prompt an investigation and hopefully stop the alleged abuse.

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

Janaysia Stevenson was the unfortunate and tragic victim of child abuse. Recently, law enforcement officials and prosecutors in Albany, Georgia pressed criminal charges against the director of the day care center. What alleged crime was committed by the day care director? According to Georgia law enforcement officials, the day care director (Glenda Ann Brown) failed to report child abuse. Authorities believe that Glenda Ann Brown should have reported injuries and bruises to the child to authorities so that a child abuse investigation could have been initiated. There will be many issues involved with a case like this including:

What period of time did the abuse take place?

What were the visual signs and symptoms of abuse that should have or could have been observed by the day care director and / or the day care staff?

What are the Georgia laws on point as to the reporting of child abuse and neglect?

Did the day care director know that there was abuse or neglect?

Was it ever reported to the day care director that there was abuse and neglect?

What policies and procedures were in place as to the observation and reporting of bruises when observed on a child?

Did the day care center follow its own policies and procedures?

Did the day care center follow the policies and procedures for the reporting of abuse, bruises, neglect, and / or other observations as required by the State of Georgia Day Care Center / Child Care Center Regulations?

While there was no indication that the day care director herself physically harmed the child, officials believe that her actions or inactions may have avoided the ultimate death of the child that resulted from child abuse and neglect. See Day Care Director Arrested in Janaysia Stevenson Case.

Glenda Ann Brown will be entitled to representation by a Georgia criminal defense attorney or the services of the Public Defender's Office.

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

In Texas, a 65 year old babysitter (Carolyn "Carrie" Marie Easton) was arrested for allegations that she shook and slapped 5 month old triplets under her care. The interesting part of this case is that the alleged abuse was caught on tape by the parents who had installed a hidden video camera. The parents were concerned about the amount of play time that the children received under the babysitter's care and supervision. When the parents viewed the tape, the parents discovered the abuse and neglect by the babysitter. The acts were not only horrible but also criminal in nature.
It was reported that there were 37 incidents of assault and careless handling. Technology, like hidden cameras, can serve a valuable purpose for parents, child safety, and, yes, law enforcement. Unfortunately, not all parents have the resources or knowledge about video cameras to have them installed. See Texas Woman Caught On Tape Abusing Triplets She Was Babysitting.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Littleton, Colorado, day care center employee was arrested on suspicion of sexual assault upon a child. It was reported that 32-year-old Paul James Kerr was a lead teacher at KinderCare Daycare Center and had been employed at the center since July 2010. Littleton Police initiated their investigation after a child told a parent of an incident that allegedly occurred on March 21, 2011 at the center. The parent subsequently notified police. According to a Littleton Police release, investigators discovered there were several victims. KinderCare provides care for children between the ages of 2-months and 13-years-old. Kerr was immediately fired when the investigation was initiated and all families were notified his termination and the ongoing investigation. Before working for KinderCare, Kerr was employed as an elementary substitute teacher in both Jefferson County and Denver Public Schools. He also worked as a summer church camp counselor in Missouri in 2005. Kerr is currently held on a $50,000 bond for sexual assault on a child and sexual assault by someone in a position of trust, both felony charges. For more read Former Littleton, Colorado, daycare employee arrested on suspicion of sexual assault on a child.

Of course, Mr. Kerr will be entitled to the services of a Colorado criminal defense attorney or the public defender's office to defend him regarding these serious criminal allegations.

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

In Kannapolis, North Carolina, it was reported that a day care worker was caught on video surveillance tape at the day care center mistreating children under her care. Police have charged the woman (Whitney Belk) with five counts of criminal assault for her actions. The day care center, Kids Korner Child Development Center, had video surveillance in place. The administrator (Danielle Mauldin) of the North Carolina child care center viewed videotape and then terminated Ms. Belk as an employee. The use of video surveillance can be used as evidence in criminal case. More day care centers should consider installing and utilizing videotape surveillance as a safety precaution and measure for children. Videotape surveillance can answer questions and settle disputes when there is a question as to how a child was injured or how a child was handled or treated by a teacher, assistant, and / or other staff member at the day care center. Unfortunately, staff members and employees at day care centers in North Carolina and other States continue to abuse and neglect children at a location that should be a safe haven for children. See North Carolina Care Worker Accused of Assaulting Children.

When a child is injured as a result of the neglect or abuse of a day care center, there are many issues and challenges for the child as well as the parents. Does the child have legal rights? What recourse if available for the injured child? Does there have to be a criminal investigation to pursue a civil case? What damages can the child recover for the abuse and neglect at the day care center. 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 dealing with these and other issues. Go to Free Child Injury Book - Resource for Parents. The book is also available for $4.99 at the following sites: Amazon, Barnes & Noble, and Apple iBooks.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Recently, five toddlers and three adults were hospitalized after becoming ill from carbon monoxide fumes at a Pittsburgh, Pennsylvania day care center. Employees at the Community Preschool and Nursery, located on the North Side, call 9-1-1 after several people complained of dizziness, headaches and nausea. Oxygen was administered to victims at the scene before it was decided hospital treatment was needed. Emergency physicians and paramedics tested the blood of those people in the building, which revealed the high levels of the gas. Three children were transported by ambulance to Children's Hospital of Pittsburgh of UPMC, the two other children were taken by private automobiles. The three adult victims were able to walk the half-block to Allegheny General Hospital. The cause of the leak was pinpointed to the furnace in the daycare center's building, the leak could have potentially been deadly. In order for repairs to be made the gas company has suspended service to the building. For more read 5 children and 3 adults escape poisoning after carbon monoxide leak in daycare center building.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Around 50 children escaped serious personal injuries after a car crashed into the playground of a Medfield, Massachusetts daycare center at the intersection of North and Frairy Streets. Luckily, it was raining the day of the crash so no children were outside playing on the playground of the Beginning Years Child Development Center. Eyewitnesses of the crash said the driver of the vehicle, a Jaguar, that crashed into the playground, appeared to be in her eighties. The driver's daughter, Kathy Walsh, was also a passenger inside the vehicle at the time of the accident. Police stated that Walsh's 86-year-old mother had just dropped a letter off at a drive-up mailbox outside the post office when the car careened across the parking lot, over the curb, across the driveway of the daycare center and into the playground sandbox. Both Walsh and her mother sustained minor personal injuries and were taken to nearby hospitals for observation. None of the children attending the daycare center were injured. The owner of the building of the child care facility said he planned to put a permanent barrier between the driveway and playground to provide for the safety of the children in case there is an accident in the future near or into the playground area. For more read About 50 children escape serious personal injury after car crashes into playground sandbox in Manfield, Massachusetts.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former basketball coach for Christ the King men's basketball team recently admitted to molestation allegations dating back to the summer of 1976. Former Coach Bob Olivia will receive five years probation for abusing his then 14-year-old player, James Carlino. Olivia must also register as a sex offender, wear a GPS device, and is not allowed to coach or have contact with a child under 16. Carlino, now 49-years-old, claims he was molested by Olivia on trip to watch the Yankees play the Red Sox and then at least 100 times after that. Carlino also claimed the sexual abuse occurred over a 4-year period when he played youth basketball at St. Teresa of Avila Parish and St. Mary Gate of Heaven Parish, both located in Queens, New York. Carlino was between the ages of 12 and 16 when the sexual abuse occurred and Olivia was his coach. Carlino filed a $20 million dollar lawsuit in Massachusetts, because state law dismisses the statute of limitations if a defendant is from out of state. Two other men have since come forward alleging similar allegations. For more read Former youth basketball coach pleads guilty to sexually abusing his former players.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Sara Beth Whited, a former day care center owner in Casper, Wyoming, pled guilty to child endangerment. The charge was pressed against Whited after an infant, 3-month-old Tyler Parker, died in the Wyoming day care center in October 2010. Autopsy reports revealed that Tyler died as a result of suffocation, he was swaddled in a blanket and placed on soft-foam mattress. When Tyler's mother, Nichole Parker, found her son he was cold and unresponsive. After being discovered, Tyler was taken to a nearby hospital where he was pronounced dead. Whited was ordered to serve a year of unsupervised probation and was also given a one-year suspended jail sentence. A local newspaper reported that Whited would no longer be unable to operate her daycare center because her guilty plea barred her from obtaining future licensing. For more read Former Casper, Wyoming, daycare operator pleads guilty to child endangerment.

Also, if you would like to read more details concerning the October 2010 death please read Criminal Charges Filed in Day Care Death of Child (Tyler Parker) - Death Caused by Asphyxia of Bedding.

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

A San Diego, California, daycare operator and foster care mother was recently sentenced to 14 years imprisonment in connection with the death of her nearly 2-year-old foster son. 51-year-old Linda Faye Coleman, who originally faced a murder charge, pleaded guilty to felony child abuse for the June 27, 2007 death of Malachi Roberts-McBride. Although Coleman received a vast amount of support from family and friends, the physical evidence weighed against her. According to prosecutors, Malachi suffered from brain-swelling, was covered in bruises and had bumps on his head when he was taken to Rady Children's Hospital. Authorities determine the cause of death was not accidental and instead was the result of blunt force trauma. A previous hearing, an attorney for Coleman declared she had run a licensed daycare center for 15 years before Malachi died and had been a foster mother for 10 years. For more read California daycare operator and foster mother pleads guilty to felony child abuse charge, sentenced to 14 years imprisonment.

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

A 1-year-old boy of Morgan County, Ohio has tragically died. Official suspect the cause of the infant's death was bacterial meningitis, however, the cause of his death has not been confirmed. The boy's day care facility has also undergone extensive cleaning. Although the boy's death has not been officially attributed to meningitis, director of nursing at the Morgan County Health Department confirmed that as man as 20 children and their respective families have been notified and advised to watch for symptoms. Another girl who attended the same child care facility as the boy is also being treated at Columbus Hospital. Cain was first contacted about the girl being treated for bacterial meningitis, just 15 minutes later she was informed about the boy's case. The day care center was not named. Meningitis is typically caused by a viral or bacterial infection and is an inflammation of the membranes that cover the brain and spinal cord. Typical symptoms are those similar to upper-respiratory distress and the flu. Infected children may also keep their chin tucked in because it is too painful to move their neck, severe headaches are also a symptom. Symptoms usually appear 3-4 days after exposure. For more read 1-year-old Morgan County, Ohio, boy dies of suspected bacterial meningitis, day care facility undergoes extensive cleaning.

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

A two-year-old girl was tragically killed Friday, April 1, after she was hit by a pickup truck in a parking lot of a Mt. Pleasant, Texas, laundry mat parking lot. Officers from the Mt. Pleasant Police Department were called to the parking lot of the Express Clean Landromat. Upon their arrival, officers found the two-year-old Hispanic girl of Mt. Pleasant with severe head trauma. The toddler was rushed to Titus Regional Medical Center by an ambulance, she was pronounced dead upon her arrival at TRMC. An autopsy was ordered by the Medical Examiner's Office. MPPD Investigators believe the toddler exited the front door of the laundromat along before she wandered into the parking lot where she was subsequently hit by a pickup truck that was in the process of backing up. The driver of the trust was identified as a 25-year-old Hispanic woman also of Mt. Pleasant. Officers found the woman at the scene of the accident, she was immediately transported to TRMC for mandatory blood testing pursuant to state law. She was interviewed by officers before she was released. Whether criminal charges will be pressed is still a pending issue. MPPD did contact Child Protective Services during their investigation. For more read 2-year-old girl fatally struck by truck in parking lot of a Mt. Pleasant, Texas, laundromat parking lot.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Automobile accidents occur several times daily. However, some accidents can be more unpredictable than others. For example, the driver of a sports utility vehicle drove his car through day care classroom in Olympia, Washington. A teacher and two children were hit by falling debris. No personal injuries were reported but the teacher was transported to a nearby hospital for precautionary reasons. The name of the man driving the 2007 Acura SUV was not released. The SUV smashed into Olympia's west side KinderCare Learning Center. The classroom had a teacher and 8 children inside at the time of the accident. The 33-year-old driver of the SUV was reported to not be under the influence or drugs. Police are currently investigating the collision and the SUV for a possible mechanical problem. For more read SUV smashes into Olympia, Washington day care center.

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

A fourth grade student in Onslow County, North Carolina faces suspension after he was caught concealing blades inside markers. The student was caught at Morton Elementary School making the weapons by inserting razor blades and "other sharp objects" into felt tip pens and markers. The student also sold the weapons to other students at the elementary school. The North Carolina elementary school student now faces school suspension and court charges for creating the weapons and selling them on school property. Three other students face similar charges for also having the weapons at school. For more read 4-grader faces suspension after making weapons out of markers and selling them at school.

Luckily, no students were injured by the weapons. Students who bring weapons to school jeopardize their future: they can be punished academically as well as prosecuted criminally. If they inflict personal injuries onto their peers or teachers, these students may also subject themselves to civil charges in order to pay for the harm caused.

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

Chance Jackson, a 15-year-old student, was transported by air ambulance to Methodist Hospital where he underwent surgery after he was shot at his school, West Middle School in Martinsville, Indiana. Students were put on lockdown for nearly 5 hours following the shooting. Approximately 600 students attend the school. The suspect, who was a student that attended the middle school, has been taken into custody but was not arrested. The suspect's name, age and grade was not released as part of the initial news reporting of this incident. According to police, the suspect walked away from the middle school after the shooting around 7:30 a.m. He was eventually apprehended several miles away. Police, who traced the boy's path, found a handgun in a wooded hillside. The suspect and other witnesses will be questioned and the investigation is ongoing. It is rumored that school officials were previous warned that violence might occur. However, Martinsville West principal Suzie Lipps denied those allegations. If arrested, the suspect will face attempted murder charge. Since the investigation is ongoing, the filing of criminal charges will depend on the evidence obtained and the decision by the local prosecutor's office. For more read Student shot at West Middle School in Martinsville, Indiana.

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

In Arizona and other States, children enjoy playing in bounce houses and jumping castles. Unfortunately, on some occasions, children suffer serious personal injuries while jumping in or just occupying a bounce house. In Pima County, Arizona, a terrible incident was reported in which a bounce house described as a jumping castle was lifted 15 feet in the air by a dust devil and blew the inflatable structure across three lanes of traffic before landing on the ground. The Tuscon Arizona Fire Department responded to the scene of the accident. It was reported that a boy and a girl were inside the bounce house at the time of the incident and suffered serious personal injuries.

There may be liability for the injuries suffered by these children depending on the additional facts that may be obtained from the police department, fire department, and / or investigators who review the scene or the information regarding the incident. The following issues should be reviewed:

What kind of anchoring was used for the bounce house?

What kind of anchoring was recommended by the manufacturer?

How well was the bounce house and anchoring equipment maintained?

What did the weather forecast call for at the time of the incident?

What kind of warning or notice was available as to the weather?

What kind of supervision was provided for the children in the bounce house?

Was the incident avoidable?

Were additional anchoring techniques or tools available to make the inflatable structure more secure?

You can read more about this story at 2 Kids Injured in Arizona Jumping Castle Accident.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An 11-year-old boy of Salisbury, Massachusetts has been charged with assault and battery under the state's anti-bullying law. According to authorities, the boy hit a smaller student with a backpack and slapped him, leaving a hand impression, while on a school bus. The boy has been indefinitely suspended from all bus privileges. The state's anti-bullying laws encourage students to come forward with incidences of bullying. With the anti-bullying laws children feel something will actually get done and they will be taken seriously if they do come forward. Under the law, schools must have plans in effect regarding how to hand incidences of bullying and all incidents must be reported to local law enforcement. The 11-year-old boy who was charged reportedly has a history of bullying. After the most recent incident on the school bus, Salisbury police school resource officer Mike Adler began to assist in the investigation. Using the state's anti-bullying laws against student bullies shows victims they will be taken seriously and will be safe at school in the future. For more read Massachusetts uses anti-bullying laws to charge 11-year-old boy after incident on school bus.

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

In Chicago, Illinois, the life of a 3 year old boy ended at an amusement park in Chicago, Illinois. The boy was riding a roller coaster called the Python Pit when some how he slipped under the safety bar and fell off the ride near Norridge, Illinois. The Go Bananas Amusement Park was the site of the incident which was investigated by the police department. Interestingly enough, the boy's twin brother did not fall off of the ride. See Boy Dies After Fall from Chicago Roller Coaster.

What are the safety and inspection requirements for amusement parks in Illinois? What agency regulations amusement parks in Illinois? What were the particular safety requirements or safety regulations for this particular ride? These are all excellent and pertinent questions to the tragedy at hand. Amusement Parks are regulated by the State of Illinois - Department of Labor pursuant to Carnival and Amusement Parks Safety Act. Pursuant to this law, amusement and carnival rides like the Python Pit Roller Coaster must submit an application for the ride for inspection and be inspected at least once a year. Documentation is required for the ride and all employees or operators of the ride as to background and training to operate the ride. See more information regarding Illinois Laws and Regulations of Amusement Park Rides at the Official Website for the State of Illinois Department of Labor.

Compliance with the State laws and regulations is vital to the safety of children who ride the roller coaster but compliance with the State laws and regulations will not serve as an absolute shield against liability for accidents and injuries. An investigation can be conducted by local, state and federal agencies as to the actual safety or hazards of the ride beyond the State regulations. In addition, the family can hire a private investigation, engineer, and, yes, an attorney to help coordinate these efforts. The manufacturer and distributor of the Roller Coaster ride may be held liable if it is determined that there was a design defect in the way in which the safety bar and / or seat belts (if any) functioned. Furthermore, it may be determined the the minimal safe height for a rider was miscalculated or not followed.

Children should be able to ride an amusement park ride in this day and age and be safe. The most important aspect of each and every ride should be the safety of a child. Dealing with the loss or injury of a child as a result of the negligence of an amusement park or theme park owner and operator can be very difficult for parents. Parents will need the support of family, friends, the neighborhood, and the community when tragedy strikes. There are many questions to answer and many of which cannot be answered at all. For those questions that can be answered, the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Amusement and Theme Park Injuries, Damages / Compensation, and other topics. While the book is not a substitute for legal representation and does not purport to answer every question on every topic, it is a good start for parents dealing with the challenges of a child injury. You can receive a free copy of this child injury book by clicking here.

The book is also available on Amazon.Com and BarnesandNoble.Com.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Shaw Mississippi, it was reported that a 10 year old girl lost her life and at least 10 people were injured in an accident involving a school bus and a tractor trailer. It was reported that the truck driver informed the Mississippi Department of Public Safety that he saw the but and hit his brakes but he was unable to avoid the crash. According to investigating authorities, the bus had stopped at a stop sign and then attempted to turn on to U.S. Highway 61 when the bus / truck accident took place. A full investigation will be conducted to determine the cause, fault, and preventability of this accident. Fog and weather may have played a role in the accident. It is clear that the 10 year old victim and the other non-driving victims did nothing wrong and cannot be held liable for their respective injuries. Fault will be assessed against one or both of the drivers. An investigation will be completed by State and local officials. In addition, the victims will have the right to hire legal counsel to review the investigation and to gather additional information and statements to pursue a prospective civil case for the injuries sustained in this most unfortunate bus / trucking accident. Any time that there is a child injury in Mississippi or worse a child death - it can be quite difficult for the parents, family, friends, and community to handle. Unfortunately, the hands of time cannot be turned back to prevent the accident or the injuries that resulted from it. See School Bus, Tractor Trailer Involved in Crash.

When dealing with a child injury, there are typically a great many of questions and concerns by a parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know is a resource for parents who need guidance and help in dealing with these issues. Get a free child injury book by clicking here. Chapters include Automobile Accidents, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. The book is also available on Amazon.Com and BarnesandNoble.Com.

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

A recent court ruling may make it easier for victims of child pornography to receive restitution from those convicted of possessing child pornographic images. The 5th U.S. Circuit Court of Appeals ruled that federal restitution law generally does not require victims to detail how an individual defendant harmed them in order to get compensation, a ruling different from previous court holdings. However, legal experts are saying that the issue will probably end up having to be answered by the U.S. Supreme Court because of the disagreement among courts. In the Texas case, a woman sought compensation from an East Texas man who was previously convicted of possession images of child pornography. If you would like to read more see Federal Appellate Court ruling may make it easier for victims of child pornography to receive restitution.

By limiting the burden of proof as to damages suffered by a victim of child pornography will put more teeth into the law and help victims pursue damages more easily for the violation of their rights.

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

Jessica Tata, the former owner of a residential day care center in Houston, Texas, turned herself in to officials after she fled to Nigeria for her involvement in the death of 4 children while under her care. Tata's residential day care caught fire sometime last month, killing 4 children under her care. Tata allegedly fled to Nigeria two days after the fire broke out. Charges were pressed against her the day after she fled from Texas. Tata was on the run for 20 days, during that time she was placed on the U.S. Marshal's 15 most wanted fugitive list. She traveled with Nigerian officials to Lagos, where U.S. authorities met her. It is believed that Tata's family played a role in her surrender. Tata faces four counts of manslaughter as well as multiple charges of injury to a child and 3 counts of abandoning a child. For more information on Tata's surrender read Former Houston, Texas, day care operator, Jessica Tata, surrenders after fleeing to Nigeria.

Also, if you are interested in reading more facts about the home fire that killed 4 and personally injured more children under Tata's care please read Kitchen Fire in Houston Texas Day Care Center Leads to Deaths of Three Children.