Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There is a new trend out there that should cause concern to parents and child safety experts. The trend or recipe involves gummy bears (chewy sweet candy treats) and alcohol. Yes, candy mixed with alcohol is being consumed by teens as a way of "partying" and "having fun". Unfortunately, many teens lack good judgment to begin with. Then, you add alcohol to the mix and there are many risks to the teen as well as others if the teen decides to hit the road while under the influence of "alcohol". Whether alcohol is consumed through a beer bottle, wine glass, or gummy bear, the dangers are all there. See Drunk Gummies - Teens Soaking Gummy Gears in Vodka to Get a Buzz.

If a child is injured through the negligence of another person (adult or child), there can be legal ramifications both criminal and civil to such actions. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Treatment / Bills, School Injuries, Automobile Accidents, Damages / Compensation and other topics. See Free Child Injury Book for Parents.

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

In Wisconsin and other States, school children often times attend field trips organized by the school. In most instances, the field trip is well run and organized. School officials, teachers, and volunteers are put in place to make sure that the children are properly supervised during the field trip. It is vital that children are supervised during transportation and at the field trip site location. A news story was reported about an incident that took place on a field trip in Wayne, Wisconsin. It was reported that a mother attending the field trip was found in the bathroom unconscious and surrounded by drug paraphernalia. A criminal background check was previously completed the the Kewaskum School District and did not identify any prior criminal activity by this parent. It was reported that this was an isolated incident. If a parent or volunteer has not prior criminal record, there does not appear to be any prior notice to the school about the potential problems that could be created by a parent like this supervising the children. Fortunately, no children were injured or hurt due to any issues with supervision but the potential is there anytime that a parent, volunteer, or teacher is impaired by the use of drugs or alcohol. See Parent Chaperones on Field Trips - Wayne, Wisconsin.

Continue reading "Who is Supervising or Chaperoning Kids on School Field Trips? Mother Passes Out on Wisconsin Field Trip - Drugs Found" »

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.

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

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.

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

In South Carolina and other States, you can go to prison if you injure a child in an automobile accident. It was reported that a Spartansburg, South Carolina man was sentenced to 10 years in prison for an automobile accident that caused serious personal injuries to a 10 year old child. The man admitted in criminal proceedings that he was drunk at the time of the crash that caused critical injuries.

Donald G. Barklage, age 46, pled guilty to the criminal charges of DUI (driving under the influence) causing bodily injury. The 12 year old child suffered a permanent eye personal injury as a result of this South Carolina automobile accident. You can read more about this story at Man Sentenced to 10 Year Prison Term for Automobile Accident that Caused Child Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, parents and other drivers continue to hit the roads with children in the vehicle while under the influence of drugs and alcohol. When driving, it is important to be alert and sharp. It is a well know fact that alcohol dulls the senses and has a definite effect on motor skills. Driving under the influence puts many people at risk including the driver, passengers (especially children), other drivers and passengers in vehicles, pedestrians, and bicyclists. If you have been drinking, stay out of the driver's seat and get somebody sober behind the wheel. In Muncie, Indiana, a man was arrested for drunk driving charges. He had picked up the children of his fiance from a day care center and was driving the children home when he crashed into a tree. Police arrived on the scene. The children in the vehicle were young children. One was 5 years old and the other was 2 years old. Both were treated at Ball Memorial Hospital. The 5 year old was taken to Riley Hospital in Indianapolis, Indiana for treatment for internal injuries. See Child Injured in Drunk Driving Incident in Muncie, Indiana.

Driving while under the influence of alcohol and / or drugs is extremely dangerous. Keep the safety of children and others in mind. If you drink - never drive. Otherwise, your driving could land an innocent child into the hospital or worse an early grave. Think smart - Don't Drink and Drive.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

High school students anticipate Prom Night every year. Plans are made including dinner, the dance, and many parties. As parents, we hope that our children will be safe and smart on Prom Night. Many things can go wrong with a late night, wild parties, and, yes, the presence of alcohol and drugs as well as the presence of those on alcohol and drugs. An article posted at Liberty County (Montana) Times had some good safety tips on Prom Night including the following:

*Make sure that your child and all others wear seat belts;

*Equip your child with a mobile telephone;

*Make sure that there are definitive plans in place and you know where your child will be during the entire evening;

*Set a reasonable curfew for your child;

*Find out the details of the prom;

*Find out the details of any pre-parties and after parties that your child with attend;

*Have a frank and honest talk with your child about the dangers of drinking and driving; and

*Be prepared on Prom Night to be available to pick your child and any friends should your driving and services be needed.

You can read other safety tips and advice at Keep Children Safe on Prom Night.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wilkinsburg, Pennsylvania, police reported that an 8 year old brought bags of heroin to school and passed out some of the heroin stamps to the children. Unfortunately, students bring dangerous items to school every day including drugs, alcohol, and weapons. Teachers and school staff should always be on the lookout for these dangerous items. Timely and consistent supervision can prevent many personal injuries and accidents from happening at school. You can read more about the incident that took place in Wilkinsburg, Pennsylvania at Police - 8 Year Old Child Brought Heroin Into Elementary School.

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

In Kansas and other states, children in day care centers are often times put at risk by unsafe day care center drivers. Some of these drivers even choose to drive while under the influence of alcohol or drugs. In Witchita, Kansas, a former day care owner was charged with driving under the influence. She later pled no contest to the charges. Police were tipped off as to the owner's intoxication by day care center workers who say the owner leave with children in a day care center vehicle. The day care center workers were concerned and contacted the police. Fortunately, no children were harmed by the reckless conduct of the day care owner but her actions certainly put the children in the vehicle at risk. In addition, any other drivers / passengers, pedestrians, and bicylists in the area of the day care center owner's driving were also put at risk. You can read more about this story at Former Day Care Center Owner Guilty of DUI Charges.

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

In New York, it is now a felony to drive a vehicle while intoxicated with a child in the vehicle. Drivers, many are the very parents of the child in the vehicle, should refrain from driving any time that a child or any other person would be put in danger while driving under the influence of drugs or alcohol. Far too many personal injuries and deaths occur on New York roads due to drunk driving. The New York law was named after a child who died as a result of a drunk driver. Leandra Rosado, of Manhattan (New York) died as a passenger in vehicle going to a sleepover. There were also six other children in the vehicle at the time. While this law will not bring Leandra, who was only 11 years old at the time of the incident, back to us. Hopefully, the law will be a further deterrent to continued drunk driving on New York roads. You can read more about this law at New York's Felony Law Takes Effect.

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

In October 2009, it is alleged that Carmen Huertas drank heavily and then put seven children in a car to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Leandra’s death inspired a new law to protect children from drunk drivers, and New York’s Governor Paterson has signed it into law. The new law, called Leandra’s Law, makes it a felony to drive drunk when there is a child fifteen years of age or younger in the car. It also requires convicted drunk drivers to have ignition locks on their cars.

The bill is considered one of the toughest drunk driving laws in the nation, and it was approved unanimously by the Assembly and the Senate, and signed into law hours later. All together the bill took less than a month to become law. Leandra’s father, Lenny Rosado, said the law will help him move on from the death of his child, knowing that her tragic death may help save other children. Rosado himself lobbied the legislature to pass the bill. Now, he says the next step in healing is to attend the trial of Ms. Huertas. He then plans to try to get Leandra’s Law passed nationally. Read more of the details of Lenny Rosado’s battle to protect other children from drunk drivers at Leandra's Law official: Driving drunk with child in car felony after death of Leandra Rosado, 11.

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

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and other States, the legal drinking age is 21 years old. Many child safety advocates are in favor of such age restrictions. Teenagers and young adults lack good judgment when it comes to the safe consumption of alcohol. This is especially true when teens and children drink and drive. The Atlanta Journal Constitution reported that a 19 year old was found dead in his basement. It is suspected that the death may have been alcohol related. Tragically, this 19 year old is one of many children, teens, and young adults who die or suffer seriously personal injuries. Alcohol related poisoning is a real danger. Education, common sense, and parental supervision can go a long way to help reduce or limit the number of alcohol related poisoning incidents in Georgia and Other States.

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

The death of an 18 year old freshman from the University of Delaware resulted in the suspension of a fraternity (Sigman Alpha Mu) and a fine of $50,000. Delaware Online reported on this story. The case was pursued by the Delaware Attorney General's office. The prosecution of hazing and drinking incidents on college campuses like the University of Delaware is very important for the safety of college students. Unfortunately, incidents of alcohol poisoning and alcohol related personal injuries and deaths continue to take place on or near college campuses every year. Fraternities can be a place of great fun. They can also be a place of great irresponsibility and danger. Alcohol poisoning is a very serious medical condition that requires medical attention and treatment. Without timely medical attention, serious personal injuries and even deaths result. Brett Griffin's life ended at 18 years of age as a result of alcohol poisoning. Students, administrators, teachers, and, yes, even parents should do their best to educate others about the dangers of alcohol.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, there is a consistent problem with DUI incidents. Tragically, many DUI incidents cause serious personal injuries and even death of innocent people and children. In every DUI incident, there is a danger or risk to any children who is in the vehicle or near the vehicle as it is being driven. Parents especially should consider the best interests of the child when getting behind the wheel. The safety of the child should always take precedence over the convenience or selfishness of the parent especially when it comes to drinking and driving. In West Hennepin, Minnesota, a mother was arrested after a complaint was called in about her driving to the West Hennepin Public Safety Department for poor driving. When police attempted to stop or pull over the driver (Monica Say - age 29) - she refused and kept on driving another 4 to 5 miles. Along this dangerous drive, the chase and / or Ms. Say's driving almost caused other automobile accidents. It was later determined that Ms. Say's blood alcohol level (BAC) was .17 which amounted to in excess of two times the legal limit in Minnesota. Ms. Say was transporting two children during this dangerous drive who were 4 years old and 2 years old. The news report also stated that Ms. Say was in possession of marijuana and an open bottle of rum in a diaper bag. Ms. Say was arrested at the scene by the police. You can read more about this story at Mother Charged with DUI and Fleeing Police in Minnesota.

This story portrays an extremely bad example of parenting. Everyone knows that drinking and driving do not mix. It can also be said that drinking and good parenting do not mix at all.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A sixteen year old girl with no driver’s license and a borrowed car drove into a tree outside the Wagon Wheel Mobile Home Park in Alamosa, Colorado. She had three other teenagers and two small children, aged 20 months and 4 years, in the car with her at the time. The car had been borrowed from a relative of one of the passengers. The girl is expected to be charged with drunk driving (DUI), driving without a license and criminal negligence resulting in the injury of a child. The driver is claiming that a steering malfunction caused her to miss the turn she was trying to make into the park, and sent her into the tree instead.

Teen drinking and driving is unfortunately an all too common occurrence. Teenagers and adults alike often lack good judgment when drinking alcohol. Teenagers, however, are less likely to know their own limits and do stupid things while under the influence. There is no doubt that this young woman put her life and the lives of her passengers at risk by driving her car in such a condition. You can read more about this senseless accident at CHILDREN, TEEN INJURED IN ACCIDENT.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nancy Owens and Vanessa Ramirez were at a birthday party together, where both have admitted to drinking. Ms. Owens reportedly allowed Ms. Lopez to drive her three children home, even though she admitted to police that she was aware Ms. Lopez was "drunk."

Police pulled Ms. Lopez over after seeing “something” fall from her car while she was driving it. It turned out to be a child. The car was carrying ten people at the time, including seven children, none of whom were properly restrained. A witness from the party said that he saw two other children fall out of the car as Ms. Lopez was leaving the party. The three children who had fallen out of the car were all rushed to the hospital, one of them (Ms. Ramirez’ child) is still in critical condition.

Ms. Lopez admitted to officers that she had been drinking beer at the party, and there was an open bottle of beer in the car. She refused a sobriety test. She has been charged with seven counts of child endangerment, drunken driving, driving with a suspended license, driving without her headlights on and having an open container in a vehicle. Ramirez has also been charged with child endangerment for putting her kids in that car. All of the children have been removed from the care of their parents.

This case shows the dangers of alcohol, not just when driving, but when making important choices about the health and safety of children.

Find out more about this story at Police: Mother Left Kids With Drunk Driver.

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

Daycare owner, Shannon Veradt, of Taunton, Massachusetts, was allegedly found passed out on the second floor of her home while the children she was supposed to be caring for were unattended downstairs. Her own mother had called the police because she believed her daughter was drunk and she was worried about the children. Ms. Veradt admitted that she had been drinking, saying she was stressed from her marriage. This day care owner showed “poor judgment” but is being allowed to reopen the daycare center.

It seems shocking that this woman, who allegedly has a serious problem with alcohol, will be allowed to reopen her daycare center and take care of children. At least one parent was quoted as saying that she will not be returning her child to Ms. Veradt’s care. This just highlights how important it is for parents to thoroughly check out child care centers and child caretakers before entrusting their children to a relative stranger.

Find out more about this story at Daycare provider able to re-open after drinking on job.

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

It took less than one hour for a Tulare County jury to return a guilty verdict in this shocking California case. Nancy Ortiz, 24, of Orosi, California was found guilty on second degree murder and felony child abuse charges after she abandoned three of her children.

Two of the children were found alive and have been placed in foster care. The third died of exposure and was found in the bed of a pick-up truck. She was also convicted of misdemeanor child abuse after another of her children was found wandering the streets alone in nothing but a diaper. Ortiz will be sentenced on December 9th, 2009, and could serve over 22 years in prison for her actions.

You can read more about this sad case at Orosi mother who abandoned 3 infants found guilty of 2nd-degree murder in 1 child’s death.

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

Common household items can be quite dangerous to children who have a poor safety awareness. Hand sanitizer liquids can be quite dangerous to children due to the high alcohol content of these products. A review of most hand sanitizers will reveal that the liquid has a high percentage of alcohol in the product. As such, a simple product like hand sanitizer liquid, lotion, or soap can cause serious personal injuries and even death to a child who ingest or swallows the product. Because of these dangers, parents, caregivers, teachers, and day care center employees should take that extra effort to keep sanitizers in a safe location and to monitor children while using this product.

The dangers of this product were reported by Dr. Sanjay Gupta - Medical Correspondent with CNN News. In addition, a medical article was published by a doctor who studied the dangerous effects of ingesting hand sanitizer liquid by an alcoholic adult who was admitted into a hospital. You can read about this case study at Mayo Clinic Proceedings - Intentional Ingestion of Ethanol Based Hand Sanitizer by an Alcoholic Hospitalized Patient.