Child Injury Lawyer Blog

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

In Georgia and other States, children are the unfortunate victims every year of being left alone in a day care center bus or van. In hot weather States including Georgia and Florida, this can be especially dangerous due to the risks of heat exhaustion, dehydration, and hyperthermia. Even leaving a small child in a vehicle for a few minutes can lead to serious personal injuries, and, yes, even death. It was reported by the Atlanta Journal Constitution that there were more than 50 incidents of children enrolled in Georgia day care centers who were left in vehicles during a 5 year period. Temperatures climb very rapidly in a vehicle once the vehicle / air conditioning is turned off. It is known that the temperature inside a enclosed vehicle is even hotter than the temperature outside of the vehicle.

The Department of Early Care and Learning regulates and inspects Georgia day care and child care centers. Regulations should be followed but, unfortunately, often times are violated - sometimes by mistake - and - sometimes intentionally. There is a real problem with transportation of children enrolled in Georgia day care centers. In particular, children are left in day care center vans and buses. This can and does lead to serious personal injuries and, in some instances, death. See Surprising Number of Children Left in Georgia Day Care Center Vans.

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

In Massachusetts, a toddler enrolled in a day care center was found dead after being left alone in a day care center van for hours. It was quite a tragic scene and situation when the 13 month old toddler was found in the van parked in Dorchester, Massachusetts. After this most unfortunate and tragic incident, investigators and State regulators shut the day care center down. The van was marked with a sign - Gloria's Luna Family Day Care Center. See Child Found Dead in Massachusetts Day Care Center Van.

Children in day care centers are at risk for serious injury and death. In transporting children, it is important for day care centers and transportation companies to make sure that all children properly board the bus and all children properly depart the bus. A simple checklist and due diligence on the part of the day care center drivers and staff members can help avoid tragedies like the one that took place in Dorchester, Massachusetts. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Damages / Compensation, and other matters. In the Day Care Center Chapter, there is information on Day Care Center Transportation.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other States, there are day care laws and regulations that day care centers must follow. Each State has its own regulations. Some States put in strict regulations while other States put in minimal regulations. Some child safety advocates and experts believe that Idaho's day care regulations are minimal in nature and need to be changed. In particular, Idaho day care centers will 6 or free children enrolled in the day care program are not required to obtain a license. For larger day care centers in Idaho, licenses are required to be renewed every 2 years. According to a day care center study State by State, Idaho ranked 52nd in the nation (included Puerto Rico and Guam standards as well). See Idaho Day Care Standards - Where Do They Rank?

Day Care Centers in Idaho and other States have a duty to provide a safe educational environment to children under their care. Whether the regulations are strict or lax, the day care center in every State has a duty to refrain from being negligent or careless in the provision of supervision and care to the children. Unfortunately, children are injured in day care centers when there is a lack of ongoing and consistent supervision or when the facility or grounds are not maintained for the safety and well being of the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, there are day care center workers who unfortunately use the day care center as a location to abuse and neglect children under their care. IN Allegheny County, Pennsylvania, Matthew Keith Byars (age 26) has been accused and charged with crimes in multiple instances of abuse and neglect of children. It was reported that Byars previously worked at Tender Care Learning Center in Pennsylvania.
In particular, he was charged with the Pennsylvania crimes of unlawful contact with a minor, sexual abuse, solicitation, and indecent exposure.

In investigating and pursuing the criminal case, prosecutors gathered evidence including videos and photos from the Defendant's computer and camera. Sexual predators and child molesters often times keep evidence and memorabilia of their crimes. This, in turn, when obtained by law enforcement and prosecutors, can help secure a conviction for the crimes against children. For more information on this story - see Pennsylvania Prosecutors File More Charges Against Day Care Worker.

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

A South Los Angeles day care center operator was arrested and charged with sexually molesting her 13 year old god son. Chelsea McClelland was found having sex with her god son, in a van parked near the Santa Monica freeway. The South Los Angeles day care operator pleaded no contest to two counts of lewd act on a minor. She was sentenced to three years in prison and ordered to register a a sex offender. See Day Care Center Operator Sentenced to Prison Term in Child Care Molestation Case.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center.

When a child is injured, abused, or neglected in a California Day Care Center, there are often more question than questions for the parent doing his or her best to deal with the situation. Day care centers should be safe havens of education of a child - not a place where is child is injured or is in fear. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can receive a free book at Child Injury Book - Free Book for Parents Looking for Information.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Nampa, Idaho man, 84, pled guilty to felony child molestation of a minor. Gilbert Tobis, husband to a Nampa day care operator in Canyon County, Idaho confessed to touching three girls in a sexual way. This guilty plea was made in exchange for dropping two other counts of lewd conduct with a minor. The maximum penalty for this crime is life in prison.

All child care workers should receive a criminal background check. This should include not only a state search but on that includes all 50 states. This may not be mandated by all state agencies, but it is your right as a parent to ask about criminal background checks.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center. Check with your state regulating agency. In the State of Idaho the regulating agency is the Department of Health & Welfare Bureau of Family & Community Services. For more information on this topic see, Idaho Man Admits to Charge that he Sexually Molested Girl at Day Care Center.

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

Child injured on Maryland State Fair swing ride. A 9 year old boy was injured at the state fair in Timonium, Maryland when he decided to exit the ride while it was still in motion. According to officials this Incident was the most serious injury at the fair this year. The injured child was taken to Johns Hopkins Pediatric Intensive Care Unit. The severity of the child's injuries is unknown.

Millions of people attend state fairs every year. While at the fair, theme park, or amusement park, it is important to keep a watchful eye on your children. As a parent, you should always check regulations regarding age and height requirements for all rides. It the the job of the Maryland Department of Labor to inspect the safety of all the rides at the Maryland State Fair. For more information see, Maryland Sate Fair Swing Ride- 9 Year Old Child Injured.

Dealing with a child injury can be very difficult and stressful for the parent. There are a number of issues and problems that arise when a child suffers an injury. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Amusement and Theme Park Injuries, Water Park Injuries, Day Care Center Injuries, Damages / Compensations, and other topics. You can received this book for free at Free Child Injury Book for Parents.

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

Shelia Henderson operator of Sister-N-Sister Family Home Day Care Center in Warner Robins, Georgia has been charged with felony murder, second degree cruelty to children, involuntary manslaughter and reckless conduct. These charges stem from an incident at her unlicensed day care center involving the death of a three year old boy. Officials with Department of Early Care and Learning report that 3 year old Andrew Calloway died after being left in a owned by the day care center.

There have been several deaths related to children left in vehicles. On a hot day temperature can reach 180 degrees in a vehicle with dark interiors. It is important not to be distracted when getting out of your vehicle. Day care centers and schools have the responsibility to keep your children safe from harm. Parents should verify that their child's day car center is licensed and insured. Every state has there own state laws and requirements for day care licensing. Ask your day care supervisor for proof of licensing. In most states, the Department of Family and Protective Services or the Department of Social Services is the agency that regulates day care licensing. This may vary from state to state. You can read more about this story at Warner Robbins Day Care Center Where Three Year Old Died in Vehicle Was Unlicensed

Read more at How to Find Out if a Day Care is Licensed.

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

A former Baker, Louisiana day care worker was arrested and charged with the murder of a 2 month old infant. The Baker police arrested, Ashley Rene Reifer after an autopsy revealed that 2 month old Brody Hopper died as a result of traumatic brain injury. Brody Hopper was in the care of Reifer at the Busy Bee Learning Center when this incident happened.

The Baker Police Department was dispatched to the Louisiana day care center when the child's father noticed that the child was not responding. The infant was transported to Lane Regional Medical Center in Zachary located in East Baton Rouge Louisiana where he was pronounced Dead.

According to the officials who conducted the autopsy, the 2 month old presented with multiple brain hemorrhages. There was no visible trauma to the child's skull of other areas of the body.

Riefer's attorney believes that the grand jury investigation is a "one -sided affair". He is confident that his client will be acquitted of all charges. In criminal cases, a defendant is entitled to defend himself or herself against the criminal charges through the services of a Louisiana criminal defense attorney or the services of the public defender's office. Cases involving Shaken Baby Syndrome or Traumatic Brain Injury often involve medical evidence and testimony as to the timing and mechanism of the injury.

Shaken Baby Syndrome also known as Traumatic Brain Injury is caused by direct blows to an infants head. This can happen when a infant is dropped, thrown or shaken. The leading cause of death in child abuse case in the United Stated is head injuries.

Shaken baby syndrome is preventable. Reducing the stress level of infant caregivers is key to preventing this type of child abuse. Day care centers should be licensed and insured. All day care centers should provide education and support to employees. Each state has its own regulations as to the caregiver per infant ratio. As a parent, you should request proof of a valid day care license. For more information on this topic see, Former Day Care Worker Charged in Death of Child.

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

A 17 year old Georgia high school football player from Acworth, Georgia in Cobb County was charged with battery after he allegedly attacked an opposing team member. The alleged attack occurred during a football game between Loganville Christian Academy and Northside Christian Academy. Adam Chumley, a lineman from Northside Christian Acadamy pulled off the helmet of Jarrett Briscoe age 14. Chumley began beating Brsicoe in the in the head causing a possible concussion, headaches, vomiting and nausea. The incident happened during the game in which Loganville Christian Academy was leading, 33-0.

Unlike assault, battery involves actual contact. Participating in a football game or other organized does not give players free reign to assault and batter opposing players. This is true for high school sports. Coaches, referees, and parents should encourage and support sportsmanship and fair play. Otherwise the player can suffer serious personal injuries that result from excessive violence rather than the play of the game. For more information on Georgia High School Football Player May Face Criminal Charges For "Battery" Committed During Football.

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

An Akron, Ohio day care worker left a 13 month old child in a vehicle outside a local day care center. The vehicle apparently was carrying 5 children. The day care worker brought four of the five children into the center, leaving the fifth child in the vehicle for several hours. According to reports, it was 90 degrees outside. The 13 month old that was left in the vehicle died.

There have been several deaths related to children left in vehicles. On a hot day temperature can reach 180 degrees in a vehicle with dark interiors. It is important not to be distracted when getting out of your vehicle. Day care centers and schools have the responsibility to keep your children safe from harm. Make sure your day care facility has a plan for loading and unloading vehicles and the overall supervision of children. For more information on this subject, see Baby Dies from Heat Resulting of Being Left in Hot Car.

The avoidable death of a child is a tragedy that impacts the family, neighborhood, and the community. Children should always be given priority when it comes to day care supervision, and, yes, transportation. Even a moment of inattention can lead to serious personal injuries and even the death of a child while under the supposed supervision of an Ohio day care center.

The book titled - The ABCs of Child Injury - has chapters on Day Care Center Injuries, Damages / Compensation, Medical Bills / Treatment, Child Abuse & Neglect, and other topics. The book is provided to parents, families, and others for free at Free Child Injury Book - Guide to Parents - What Every Parent Should Know About Child Injuries - Legal Rights and Compensation.

See also Leaving Children and Pets in Hot Cars Is Dangerous and Can Be Deadly.

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

An Ohio boy tragically died at Circleville Raceway Park. The six year old was diving his go-cart in a private session at the race track when he was hit by a motorcycle. Officials report that the go-cart spun out and was hidden behind a small hill when it was struck by the motorcycle. The child received treatment at the scene of the accident and was transported by air ambulance to Nationwide Children's Hospital. He later died from his injuries.

The motorcyclist sustained only minor injuries. The Pickaway Sheriffs department is investigating this incident.

It is important to follow the rules of the race track. Race track etiquette stresses safety first. It is the drivers responsibility preserve the well being and safety of the drivers around the track. It is very important to wear a helmet and other safety gear when driving a go kart. You can read more about this story at Race Track Tragic Death of 6 Year Old Boy Reported in Circleville Ohio

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

Linda Favazza, a day care center owner in Methuen, Massachusetts faced criminal charges due to the death of a child and having an unlicensed facility.

She was sentenced to 30 days in jail after being charged with reckless endangerment in the death of two-month-old Tyler Grealish at her day care center. While the cause of death is still unknown, Favazza laid the child in a crib with an adult pillow and on his side.

Favazza was also sentenced to three years probation because she had an unlicensed day care center for eight children. Furthermore, she violated a cease and desist order issued following Grealish’s death in 2008.

Parents must be careful when signing their children up for enrollment in a Massachusetts day care center. Parents should make sure the centers are licensed, as well as have proof that all staff members are trained properly in caring for children. Simply going inside and examining the day care center can give parents many of the answers they need when trying to chose an appropriate Massachusetts Day Care Center. Asking owners the right questions like, “Are your employees properly trained in taking care of children?” can also give parents some of the answers they are looking for.

For more information on this subject, see Methuen, Massachusetts Day Care Center Provider Sentenced to Jail Term - Investigation into Death of Child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Pool Safety Campaign emphasizes the importance of installing barriers around outdoor swimming pools. By doing so, parents are limiting pool access to adults only. This is the best way to keep children safe. A successful pool barrier prevents a child from getting over, under or through to gain access to the pool or spa. Successful barriers include fences, walls, and gates.

A fence or other type of barrier should be at least four feet high or taller. There should be no footholds or handholds that could help a child climb over it. Vertical fence slats should be less than four inches apart to prevent children from squeezing through. If the fence is chain link, no part of the diamond-shaped opening should be larger than 1-3/4 inches. Finally, the maximum clearance at the bottom of the barrier should not exceed four inches above grade.

The steps or ladder into an aboveground pool pool should be secured, locked or removed to prevent access. If this cannot be done, then a barrier such as a fence should surround the steps or ladder.

Fence gates should open out from the pool and should be self-closing and self-latching. The gate should be well maintained to close and latch easily. The latch should be out of a child’s reach. The release mechanism for the gate should be at least three inches below the top of the gate on the side facing the pool. The gate should have no opening greater than 1/2 inch within 18 inches of the latch release mechanism. This prevents a young child from reaching through the gate and releasing the latch.

Parents should follow these safety suggestions to ensure the prevention of poolside accidents with their children. It only takes a split second for the unimaginable to become a reality. By simply blocking the entrances to family pools with barriers, parents may ultimately be saving a life.

For more information, see The Pool Safely educational video on pool and spa fencing and gates.

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

Roberto Emilio Basilio and Ayinde Kadeen Woodley, both 18, and Anthony Jason Riddle and Jose Luis Sotero, both 17, were charged with battery, theft and robbery after they allegedly beat and robbed a thirteen-year-old boy at The Avenue Forsyth in Forsyth County, North Carolina. The boy was repeatedly punched and then was robbed of his Gucci backpack. The thirteen-year-old sustained cuts and abrasions in the assault, which required medical attention.

Captain Tim House with the sheriff's office said, “It sounds like a bunch of kids got together and for whatever reason, decided to make mayhem at the Avenue.”

Criminal defendants in Georgia are entitled to representation by a Georgia criminal defense attorney or the services of a public defender's office. Through a criminal investigation, evidence and statements are gathered and the case is pursued through trial and / or a plea agreement. In some cases, the charges are ultimately dismissed if the evidence is deemed insufficient to pursue the case further.

It is important for parents to be aware of the location and activities of their children. While this is difficult when dealing with teenagers, parents should repeatedly insist that their children call to let them know they are safe, regardless of the time.

Police should also increase their drive-by routine checks on certain areas at night. They should circle dangerous and suspicious areas more frequently than other areas. Increased patrolling may help lower the crime rate and keep kids safe.

For more information, see 4 accused of beating teen outside theater.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Assistant Principal, Anthony Alvarez, 40, of Arvada High School, located in Arvada, Colorado, faces charges of sexual assault on a child by a person in a position of trust. It was reported that his wife caught Alvarez having an affair with a student and forced him to turn himself in.

Alvarez allegedly met the young girl when she was in 7th grade, and he was a teacher at Everitt Middle School in Wheat Ridge. Alverez said the young girl came onto him.
He claims this was a first time encounter and has never had sex with anyone under the age of 18 before.

When interviewed, the young girl said she and Alverez had been seeing each other for the past six to eight months. The young girl said he was inappropriate numerous times at school—grabbing her chest, butt, and showing off his erection. According to the girl, Alverez gave her a ride home one day, drove into the Landmark movie theatre parking lot, and made her rub his nipples, touch herself, and rub and lick his private area. The young girl claims she was scared, left when it was over, and called her parents.

Alvarez has been an assistant principal at Arvada High School since 2008. He has been with the Jeffco Public Schools District since 2000. The school district has placed him on paid administrative leave pending the outcome of the investigation. The school district sent a letter to all parents explaining Alverez’s charges as required by the Colorado Department of Education.

Mr. Alvarez will be entitled to representation from a Colorado criminal defense attorney or the public defender's office as to these criminal charges. The criminal case will be resolved either by trial, a plea agreement, or a dismissal depending on facts of the case and the strength of the evidence on the case.

Police have seized Alvarez's computer and cell phone as part of the investigation.
At his hearing, bond was set at $5,000. If he makes bond, Alvarez will not be allowed to use the Internet or a computer, will not be allowed to contact the victim, and will not be allowed to contact anyone under the age of 18.

Unfortunately, teacher-student sexual relations occur far too frequently. Parents should keep a close eye on their children by continuously asking questions and being involved in their lives. Hopefully, by simply being aware, a parent’s intuition can reveal a secret relationship. Parents should also try to educate their children on the importance of telling a parent or other authority figure if a teacher or adult is inappropriate.

School members and employees should observe the actions of all teachers very closely. Teachers and faculty members should keep in mind that this is an everyday occurrence, and they should look for any signs alluding to a student-teacher relationship.

For more information, see Wife Discovers Asst. Principal's Affair With Student

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Coeur d'Alene, Idaho, a 5 year old boy died when a SUV went into an Idaho lake His one year old brother also suffered serious personal injuries as a result of this Idaho automobile accident. The driver - Sarah Deshazer - was attemping to turn the SUV around when the vehicle went off the road and plunged into the lake's murky waters. Fire Rescue and Firefighters responded to the scene and soon began CPR on the 5 year old boy. The child was later pronounced dead at a local hospital.

Tragically, automobile accidents continue to be a leading cause of death for children and adults alike. Some deaths are unexpected and unavoidable while others may be prevented with safer driving and by obeying local and State traffic ordinances and laws.

Children should be seat belted and placed in a child safety seat consistent the child's age and size. The death of this child was certainly a tremendous loss for the child's family, neighborhood, and community. You can read more about this story at Death of Child Results from SUV Plunge into Idaho Lake.

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

In Van Alstyne, Texas, a day care center owner was accused of putting drugs in the milk of the children for nap time. It was reported that Kimberly Lane - owner of the Texas Day Care Center - Luv N Learning Day Care - mixed an over the counter (OTC) medication - antihistamine - in the milk. The medications were reportedly crushed and then put in the "special milk". Fifteen children were enrolled in the Texas Day Care Center. The ages of the children in this child care center ranged from 20 months to over 4 years old. It was reported that other abuse / neglect also took place this Texas Day Care Center.

In Texas and other States, day care centers and their employees have a duty to provide each child with a safe and clean learning environment. Medications should not be given without the written consent of a parent and without a proper order from a licensed physician for prescription medications.

Drugging a child to make the child drowsy or sleepy is certainly not in the best interests of the child. It also can be dangerous as some children are allergic to many common medications. There is also a risks of overdose and health hazards when a child is given a medication without the knowledge and consent of the parent and the child's pediatrician. You can read more about this story at Texas Day Care Center Owner Accused of Drugging Children for Nap Time.