Child Injury Lawyer Blog

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

In Onslow County, North Carolina, there were almost 200 juvenile arrests made for drug related charges according to the Onslow County (Jacksonville, North Carolina) Sheriff's Office. In 2009, the arrests for drug related charges continue. Many law enforcement officials throughout the country attribute a rise in juvenile drug use and arrests to the availability of prescriptions drugs in the homes of the children. If children have access and there is limited supervision, prescription drugs are then available to the children to use, abuse, and sell. Parents, guardians, and caregivers should be diligent in safeguarding all prescription drugs in the home. Children do not understand the dangers of drugs and often times mix up drugs. In Onslow County School for the 2007-2008 school year, there were 70 incidents involving controlled substances.

Education about drugs should begin at home. Parents should use their best efforts to know what their kids are doing and try to avoid a problem with drugs before it even begins. Yes, this is somewhat simple advice; nonetheless, many parents unknowingly have children with drug problems. Many of the drug and alcohol problems began at home with a parent who did not safeguard these dangerous substances.

You can read more about this story at Prescription Drug Abuse Among Children in North Carolina and Other States on the Rise.

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

Parents making methamphetamine has caused them to lose all three of their children. The Harrison County Sheriff’s Department arrested George Vincent and Amber Driscoll for felony child endangerment. A relative came and picked the children up. This is yet another unfortunate situation involving parents and drugs.

Methamphetamine is dangerous for children to ingest or even breathe in the vapors during the manufacturing process.

You can read more about this story at Mississippi Parents Lose Temporary Custody of Children for Making Methamphetaimine.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, underage drinking among high schoolers is a big problem. Teenagers often lack good judgment when drinking alcohol. They do not know their own limits, understand the true effects of alcohol, and do stupid things while under the influence of alcohol. At Warwick High School in Lancaster County, Pennsylvania, shot glasses were ordered as prom favors. Yes, high school students drink. This is no secret; however, giving out shot glasses as prom favors really sends the wrong message. Eventually, school officials recognized the fact that this was the wrong message but somebody should have caught the order much sooner. Lesson learned. You can read more about this story at High School Ordered Shot Glasses for Prom Favors in Lancaster County, Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Dakota and other states, drivers get behind the steering wheel of cars and drive when they are under the influence of drugs and alcohol. Some are so inebriated or drugged out that they lack the necessary judgment and motor skills to safely operate a motor vehicle. In Bismarck, North Dakota, a driver (Nicoholas Krush) was arrested for DUI (Driving Under the Influence) when his pick up truck crashed into St. Alexius Hospital in Bismarck. At the time of the crash, the driver was not only impaired but he was also undressed. Yes, he was naked at the time of the crash. News reports state that the driver may have overdosed on prescription medications. Fortunately and quite miraculously, no one was injured in this accident.

Mr. Krush will need a good criminal defense attorney /lawyer to represent him on this matter.

You can read more about this story at Naked Driver Arrested for Crash into Hospital in Bismarck, North Dakota.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An Erie Pennsylvania woman, who was guardian of a baby girl who swallowed crack, has been arrested and charged with child endangerment. Roxane Robinson had the legal responsibility for the health, safety and welfare of a 1 year old child. Unfortunately, Ms. Robinson failed in these responsibilities. Police reported that a 1 year old child was transported to Hamot Medical Center after being found to be unconscious after having seizures. Doctors later found cocaine in the child's system.

Parents, guardians, and caregivers who expose children to drugs are putting these children in real danger. Children do no understand or appreciate the toxicity of drugs or the lasting effects of drug ingestion. When a child is exposed to drugs, the child is at risks for serious personal injuries and even death. You can read more about this story at Baby Has Seizures After Swallowing Crack - Guardian Arrested in Erie, Pennsylvania.

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

When considering where colleges with your teenager, Playboy magazine offers its own unique listing of colleges in the country—the annual listing of the top party schools in the nation. Considering categories such as bikinis, sex, campus life, sports, and brains, Playboy ranked the University of Georgia Number 7 nationally. UGA even received bonus points for having the “hottest sorority girls in the country.”

UGA has consistently ranked high as a party school and in recent years has made efforts to lower their rankings by imposing rules about student drinking. Notwithstanding these efforts, even a serious ranking of colleges, the Princeton Review, places UGA at number 7 for party schools. To read more see Party College / School Rankings - University of Georgia Makes the List.

Readers of our blog might recall a posting in January about a University of Georgia college student who took partying too far. That student went to a party, got drunk and tried to drive herself home. When she stopped at a stop sign, she passed out. The police found her passed out behind the wheel of her car at the stop sign. See University of Georgia Student Stopped at Stop Sign - Passed Out Drunk.

College students have a responsibility as adults to drive with due care and caution andto refrain from dangerous conduct that may affect the health, safety, and welfare of themselves and others. Peer pressure is alive and kicking in colleges through the nation. When you combine peer pressure, immaturity, drugs, and / or alcohol in any combination, serious personal injuries and wrongful death can result.

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

In New York and other states, minimum drinking ages are established by legislatures for the health, safety and protection of children and young adults. It is not up to a parent or other adult to determine if an underaged teenager is mature enough to drink. It does not matter if the drinking takes place in a person's home, bar, restaurant, or public place. A crime is a crime. Underage drinking is problematic because it often times leads to automobile accidents and other incidents causing serious personal injuries and wrongful death. In Livingston County, New York, a mother (Karen J. McCarty - age 46) and her daughter (Morgan J. McCarty - age 16) were arrested for having an underaged drinking party. When deputies arrived at the party, they found several intoxicated underaged teens. Two of the girls were so drunk that they needed to be taken for medical treatment and evaluation at Nicholas H. Noyes Memorial Hospital. When choosing between being a child's "cool" parent and "responsible" parent, go with the "responsible" parent choice. Otherwise, a parent risks getting arrested. Furthermore and more importantly, providing underage kids alcohol can lead to drastic consequences. You can read more about this story at Livingston County Mother and Daughter Jailed for Underaged Drinking Party.

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

An Euclid, Ohio dad has been arrested for several criminal charges including child endangerment, attempted murder and assault on a firefighter. Sammy G. Hunter, Jr. faces these serious criminal charges from incidents that took place at his home. It was reported that Mr. Hunter got high, turned on his oven, and tried to shove his son inside the oven. The baby's mother stopped Mr. Hunter from doing this. Mr. Hunter then tried to start a fire in the home that had a natural gas line. Firefighters responded to the scene. Then, Mr. Hunter assaulted firefighters. Of course, Mr. Hunter was arrested for these allegations. He pled not guilty to the charges.

Mr. Hunter will be entitled to an attorney to represent him on the criminal charges. One of the witnesses was the child's mother. I suspect that there is a history of domestic violence in this household. The local police and child welfare agencies will conduct an investigation into this matter.

You can read more about this story at Euclid Ohio Father Accused of Trying to Put Child Into an Oven.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Drinking and driving or driving under the influence is a danger in every city and town throughout the United States. Alaska is no exception to the dangers. in Fairbanks, Alaska, a mom used a different approach to dealing with the dangers of driving under the influence. This mother used her 7 year old son to drive her car. According to Alaska State Troopers, the mother was passed out next to her son. Karen Koch was charged with reckless endangerment and permitting an unauthorized person to drive a motor vehicle. You can read more about this story at Alaska Mother Uses Her 7 Year Old Son to Drive Her Car - Mother Passed Out Drunk in Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania, a mother has been charged with the alcohol poisoning death of a 6 month old baby. Wyoming County Pennsylvania prosecutors are accusing Jessica Minor from Montrose Pennsylvania of giving her 6 month old baby alcohol to stop him from crying. The baby had a blood alcohol level of over .20 which was over two times the legal limit for Pennsylvania adult drivers. The baby died as a result of alcohol related poisoning. Jessica Minor has denied these charges. Questions do arise from a case of this nature:

How did the child consume alcohol?

What is the mother's defense as to how the child consumed alcohol?

What precautions if any were taken to prevent the child from consuming alcohol?

Were there any witnesses to the incident or allegations?

You can read more about this story at Mother Charged with Alcohol Poisoning Death of Child.

By David Wolf, Attorney Published by Child Injury Lawyer Network In North Dakota and other States, child abuse and neglect comes in all different types and forms. Law enforcement officials in Bismarck, North Dakota are prosecuting a woman who allegedly breast fed her child while she was under the influence / drunk from alcohol. At the time of the breast feeding incident, the child was 6 weeks old. The mother (Stacey Anvarinia) is 27 years old and represented by a North Dakota attorney. Ms. Anvarinia's attorney stated that no blood was taken at the time of the arrest. In criminal cases of this nature, the Defendant is entitled to representation and it is the State's burden to prove the case. According to the prosecutor, alcohol was not the only factor in the prosecution of this case. You can read more about this case at North Dakota Mother Charged with Child Neglect for Breast Feeding Child While Drunk.

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

In a Georgia Court of Appeals decision on April 24, 2009, the Court reversed the trial court’s denial of a motion for summary judgment filed by the parents of a teenager who hosted a party at his parents’ home while the parents were out of town. The teenage boy held a party at his parents’ home while they were out of town for the weekend. The boy invited a friend who purchased methadone from another party guest. After consuming the methadone and alcohol, the friend died of methadone toxicity.

The parents of the teenage boy who hosted the party were sued by the dead boy’s mother. A motion for summary judgment was filed by the party host’s parents and was denied by the trial court. The Court of Appeals reversed the trial court, however. The court declined to impose a duty on parents to arrange for supervision of their teenagers while the parents are away from home. The Court held that the parents can only be held liable where the parent has taken some active part in the creation of the danger. Where the parents have not actively taken part in creating the danger, then they can only be held liable if the parent knew of a child’s propensity for the specific dangerous activity.

The Court held that in this case, the parents had no reason to know that their son had ever consumed methadone before and had no reason to anticipate that their son would host a party at their home in which another guest would illegally sell another person methadone or that the other guest would voluntarily ingest the methadone. The Georgia Court of Appeals in its reluctance to hold these parents liable attached no significance to the fact that these parents knew that their son had consumed alcohol and marijuana before, that their son had been caught by the police an unopened beer can in his vehicle, and that their son had indicated his intention of hosting a party in their home while the parents’ were out of town. See Tims v. Hasselberger, Georgia Court of Appeals A09A0035.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Investigators have turned over video surveillance and other evidence showing that two adults provided alcohol to a minor who later died from an alcohol overdose. Perry McClenahan, age 16, died from an alcohol overdose on April 18, 2009. Perry and other minors were provided with alcohol by adults. The minors attended Lebanon High School. Video surveillance from the store where the alcohol was purchased along with the receipt will serve as evidence in an expected criminal prosecution of this matter.

Why is there a minimum drinking age in place?

Why should both minors and adults follow the law?

What are the dangers of providing alcohol to minors?

There are basic questions that really should not be questioned by any thinking adult. Teens often times lack the judgment to deal with the safe consumption of alcohol. Combine age, inexperience, and peer pressure and you get a deadly combination that can lead and does lead to alcohol related deaths in Missouri and other States. You can read more about this story at Adults in Lebanon, Missouri Suspected of Buying Alcohol for Underage High School Students.

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

In Dayton, Ohio, a 4 year old student brought in a candy box. However, this lunch box was filled with marijuana and confiscated by school officials. Instead of chocolate or candy, school officials found marijuana in the candy box. The incident took place at Gorman Elementary School. Police reported that there was quite a lot of marijuana in the candy box. The parents of the child denied possession or knowledge of the drugs. Obviously, it is quite dangerous for children to bring in marijuana and other drugs into the school system. You can read more about this matter at Drugs Found in a Candy Box in Dayton, Ohio.

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

Elizabeth Durante of West Islip New York was a young and caring college student. Recently she and other fellow students were driving from New York to Massachusetts, on their way to a humanitarian project in Uganda. A 24 year old Connecticut resident was driving under the influence when he operated his vehicle in the wrong direction on busy interstate 395. It was late at night and the drunken driver had no headlights on. His vehicle smashed head on into the vehicle in which Elizabeth Durante was a passenger, killing her.

As so often happens, Daniel Musser, the operator of the other vehicle escaped the accident with no major injuries. He was arrested, however and charged with Manslaughter, a felony, violating the Vehicle and Traffic Law by operating on a highway in the wrong direction and driving under the influence.

Durante was majoring in psychology and pre-med and yet another superb life was taken by senseless acts of stupidity. Parents should stress to their children the importance of driving sober all the time.

You can read more about this tragic death at Drunk Driver Causes Death of Elizabeth Durante of New York.

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

Trial has been set for Larry Setzer of Horn Lake, Mississippi who has been charged with two counts of causing a death while driving a car under the influence (DUI) and causing an personal injuries and death. Car accidents by DUI can affect all of us, including our children. At the time of the car wreck Setzer was not drinking but was on a drug called Xanax. Anything that can impair motor skills and alertness including but not limited to illegal drugs, prescription drugs, alcohol, and sleep deprivation put innocent adults and children at risk on Mississippi highways and roads.

The two victims were Jacob Lannom (age 12) and Zachary Lannon (age 15). The boys' mother and a passenger were also hurt. Criminal defense attorneys are attempting to keep evidence of Xanax in Larry Setzer's blood out as evidence for the trial.

For a family to lose two children in one accident is truly tragic. This case and others shows the dangers of drug and alcohol when driving.

You can read more about this story at Lake Horn, Mississippi Man Arrested for DUI Causing Death.

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

Cobb County, Georgia police arrested a stepmother who provided alcohol to four teenagers at her home. One of the teenagers was killed later that night in an automobile accident when the car he was driving crossed the center line and collided with another car. Garrett Reed, a junior at Harrison High School, was killed in the accident in which Cobb County police believe alcohol and speed were contributing causes.

While the stepmother has been criminally charged with reckless conduct and furnishing alcohol to a minor, she cannot be held civilly liable under Georgia’s Dram Shop law for the minor’s death. See an earlier blog article posted on January 27, 2009 for more information about Georgia’s Dram Shop law. To read more about this Stepmother's arrest, read the article at the Atlanta Journal Constitution - Stepmother Arrested For Providing Alcohol to Teenagers.

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

Parents and homeowners in Georgia need to be cautious about serving alcohol at parties where minors may be in attendance. Under Georgia’s “Dram Shop” law, parents can be held liable for injuries caused by an underaged drinker who later causes an automobile accident. If the parent served the alcohol to the minor who the parent knew would soon be driving a car and the minor’s driving while intoxicated caused injury to a third person, the parent can be held liable for those injuries. If the drunk minor sustains injuries, however, the parent who provided the alcohol cannot be held liable for those injuries. Furthermore, if the drunk minor is killed in the car accident, his parents cannot recover for the wrongful death of their child against the adult who provided the alcohol. Howell v. Marks, 269 Ga. App. 147 (2004).

The laws and circumstances can be quite confusing depending on the facts of each case. As such, it makes sense to consult with a Child Injury Lawyer whenever a child is injured and alcohol has any involvement whatsoever with the injuries or death.

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

In Athens, Georgia, a University of Georgia college student took partying just little bit too far. She went to a party, got drunk and then did something stupid - like getting behind the wheel of a car. She drove to a stop sign and stopped. She was following the traffic sign but when she stopped - she passed out. Undoubtedly, this college student put her life and the lives of other college students, adults, and children at risk by driving her car in such a condition. There is a high risk of injury and death to driver, passengers, and others when drunk drivers are on the road. Being in college and having a good time is no excuse at all for such conduct. You can read about this story at Drunk University of Georgia Co-Ed Passes Out at Stop Sign.

Watching a child in a day care center, child care center, or school requires that the child care worker be alert, awake, energetic, and diligent. Alcohol and illegal drug use certainly interfere with a person's faculties to drive, make decision, and, yes, watch children. Most states have laws in place for day care centers and schools that prohibit a person from being under the influence of alcohol or illegal drugs when caring for children. In addition to the laws being in place, it is just common sense. Outside of the day care and school settings, some parents, caregivers, and adults often times drink excessively around children which also puts children at risk. It is just best to avoid alcohol and drugs during or near the time that a person is responsible for the supervision of a child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Police in Richmond, Wisconsin reported that a school bus driver was arrested for intoxication. The school bus driver was transporting 43 children at the time of the incident. In Wisconsin, the legal limit of intoxication for commercial drivers is .04. Fortunately, no children were injured as a result of the bus driver's drinking. It is quite unsettling to read about such a story. The school district rightfully suspended the driver. It is difficult enough to drive a school bus. No school bus driver should ever get behind the wheel while under the influence of any amount of alcohol. It puts our children at undue risk for personal injuries and even death.

You can read more about this story at
>Wisconsin School Bus Driver DUI (Driving While Under the Influence).

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

Deputy sheriffs in Madison (Dane County) Wisconsin recently arrested 8 different drivers in various incidents in and around Madison, Wisconsin for OWI (Operating While Intoxicated). While there was no special task force or overtime put in place over the weekend, drunk drivers were out in numbers wreaking havoc on the roadways in Madison, Wisconsin. One drunk driver even crashed his vehicle in to a police car. Another driver was found parked while making a turn. She was arrested for OWI. People who drink and drive should not only think about the criminal consequences but also the civil, social, and moral consequences of such dangerous and reckless behavior. Too many children, teens, and adults have suffered serious personal injuries and wrongful death due to drunk driving / OWI. The best way to reduce drunk driving / OWI is through planning. If you plan to have some drinks at home, restaurant, or bar, make sure that there is a designated driver lined up. If there is no designated driver lined up, do not drink, call a friend for a ride, get a cab, or stay put. The safety of Wisconsin's children and adults is much more important than the joy, buzz, or fulfillment of getting drunk.
Arive alive and make sure others do as well. Do not drink and drive. You can read more about the weekend of arrests in Dane County (Madison) Wisconsin at Deputies Make 8 OWI Arrests Over Weekend.