Child Injury Lawyer Blog

Georgia Corrections Officer Arrested for Distributing Child Pornography

2009-07-04T16:00:00Z

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

A Bleckley County (Georgia) corrections officer was arrested in June, 2009 for distributing child pornography. A Cobb County, Georgia police detective posed as a 13 year old girl in an undercover operation. The corrections officer, Jason Shane Price, sent the undercover detective sexually explicit messages and images as well as videos of child sexual abuse.

Authorities are requesting information from the public if they have been in contact with anyone using the email address suthyrngent07@yahoo.com or boiledpenuts2001@yahoo.com. Individuals who have been in contact with these email addresses should report their contacts to the Crimes Against Children’s Unit at 770-801-3470.

Clayton County, Georgia Mother Leaves Twins in Hot Car

2009-07-04T14:00:00Z

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

A Clayton County, Georgia mother was arrested for leaving her four month old twins in a hot car while she was inside a Wal Mart. Janesia Williams left her twin babies in her car at about 10:00 p.m. while she went into the store on June 20, 2009. Another customer heard the babies crying through a cracked window in the car and called the police. Firefighters rescued the babies from the car and paramedics were tending to the babies when their mother strolled out the store to discover the situation.

The mother told the police that she was only in the store for five minutes. A witness who was parked next to the care, however, told the police that the babies were left in the car for at least 30 minutes. Temperatures during the day on June 20 were above 90 degrees.

The mother was arrested and the babies were taken to the hospital. The babies were later released to the care of their father. The mother was granted bond two days later by a Clayton County magistrate court judge. She has been charged with child cruelty.

Georgia and Other States Urge Safe Use of Fireworks

2009-07-04T13:00:00Z

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

Craig Landolt is the Fire Marshal for the Savannah (Georgia) Fire and Emergency Services. Fire Marshal Landolt and others throughout Georgia and the nation are urging parents and children to be careful this July 4th weekend around fireworks. Georgia and other states have restrictions or limits as to what fireworks are legal in the hands of consumers and which are not. Many times it depends on the projectile of the fireworks as well as the firepower in the fireworks themselves. Whatever type of fireworks you are igniting or around - exercise the utmost caution for yourselves and children. You can read more about Fire Marshal Landolt's recommendations and demonstrations at Dangers of Fireworks - Officials Urge Safe Use of Fireworks this July 4th Weekend.

All Terrain Vehicles (ATVs) on Railroad / Train Tracks in North Carolina Cause Personal Injuries and Deaths

2009-07-04T11:00:00Z

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

In North Carolina and other states, All Terrain Vehicles (ATVs) can be fun and exciting for both adults and children. Unfortunately, many children in North Carolina and other states have suffered personal injuries and death while riding on (whether as an operator or passenger) an ATV. CSX Transportation is a train / railroad company based in Jacksonville, Florida is requesting that owners and operators of ATVs keep them off of railroad tracks this summer and at all other times of year. A combination of an ATV near train tracks and trains of any size can be quite dangerous. Tracks should not be used as tools to jump over. Operators of ATVs should also refrain from weaving across railroad tracks or chasing trains. You can read more about this story at Dangers of ATVs and Trains / Railroad Tracks.

Swimming Pool Drain Law - Virginia Graeme Baker Pool and Spa Safety Act

2009-07-03T11:00:00Z

Public swimming pools operated by States, Counties, and Cities have a duty to install and maintain proper swimming pool drain covers to comply with an important law called the Virginia Graeme Baker Pool and Spa Safety Act. This law was signed by President Bush on December 19, 2007 and was put in place to prevent drownings and other injuries caused by drains that do not have proper drain covers to prevent such drownings and entrapments. You can read the federal law at Virginia Graeme Baker Pool and Spa Safety Act.

Having safety precautions in place at a swimming pool can help avoid personal injuries and drowning deaths. It is also important to have diligent supervision both by lifeguards and parents when children are in or around a swimming pool.

State of Louisiana Shuts Down Day Care Center (Wanda's Kids World) Where 3 Year Old Was Found Dead

2009-07-03T01:00:00Z

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

A day care center in Baton Rouge Louisiana was recently shot down by the State of Louisiana Department of Social Services. Damiyn McElveen, a 3 year old enrolled in the day care center, was found dead inside the day care center's van this past week. Investigators believe that the toddler was mistakenly left in the van on a hot summer day in Baton Rouge, Louisiana. An full investigation will be conducted as to the circumstances and staff members responsible for the incident. In hot summer months, it is especially dangerous to leave any child unattended in a vehicle. Regulations and procedures were not followed. Otherwise, Damiyn McElveen would not have died in the day care center's van. You can read more about this story at Baton Rouge Louisiana Day Care Center is Shut Down by the State of Louisiana.

California Day Care Centers / Child Care Centers: What Safety Standards and Requirements Apply to Playgrounds / Outdoor Activity Spaces?

2009-07-02T11:00:00Z

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

California parents rely on child care center to provide their children with supervision, educational instruction, indoor play activities, and outdoor play activities during the day. Unfortunately, children suffer personal injuries at day care centers / child care centers on playgrounds. Many of these incidents result from inadequate or improper supervision and or negligent playground maintenance /design. Because children are prone to injuries at child care center playgrounds, the California Department of Social Services require child care centers to comply with Section 101238.2 -Outdoor Activity Space. The regulations as to child care center playgrounds / outdoor activity spaces can be accessed online at California Child Care Regulations.

The playground area needs to accomodate enough space so that there is 75 square fee of space per child based on the total licensed capacity for the child care center. Since California weather can get quite hot especially over summer months, the child care center must provide a shaded rest area for the children that is situated close to the playground area. The surface for the outdoor activity / playground must be kept or maintained in a safe condition free from hazards like holes, broken glass, debris, and garbage.

Many children are injured due to improper or dangerous playground surfaces below high climbing equipment, slides, and swings. It is important for child care centers to use surface material that absorbs falls. Approved or allowable surfacing materials include sand, wood chips, and pea gravel. While not particularly referenced, it would appear that rubber tire chips or mulch would also be acceptable as a playground surface below equipment like slides and monkey bars.

Child care centers have a duty to fence the playground area with a fence that is at least four feet high. Fencing is a tool that helps keep the children inside the play area and that prevents or discourages children from wandering away. Of course, a fence should not be used as a substitute for good supervision.

California child care centers that diligently follow the regulations help prevent or avoid many personal injuries that take place on playgrounds. If a child is injured at a California child care center or other area and the child requires medical care, the child care center has a duty to report the incident to the parents and to the Department of Social Services. See prior post - California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

Parents should request a copy of the report to make sure that the parents have the information and details as to the incident and injuries from the child care center. A California child injury lawyer / attorney can review the report and other information to determine the child's legal rights and entitlement to compensation for injuries and medical bills.

Internet Tool for Calculating Distance Between United States Cities

2009-07-01T11:00:00Z

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There are a number of web sites and tools that can be used to calculate the distance between cities in the United States. Finding out the general distance between cities is helpful in planning trips, finding a doctor, finding an attorney / lawyer, and for many other tasks. I found that the web site Geo Bytes has an easy to use format / tool that makes it easy to find the distance between two cities. Wherever you travel when you drive, make sure to buckle up, obey the speed limits, and be alert. Text messaging and e mails can be used by passengers but not the driver. Get to your destination safely and then text message and e mail your friends and family.

California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

2009-06-30T11:00:00Z

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

California day care centers / child care centers are regulated by the State of California - Health and Human Services Agency - Department of Social Services. The California Child Care Regulations cover a wide area of matters including but not limited to operation, maintenance, supervision, and enrollment. The regulations can be accessed online at California Child Care Regulations.

When an incident or injury takes place in a California child care center, the facility has a duty under the California Child Care Center Regulations to report the incident / injury to the California Department of Social Services via fax or a telephone call within the next business day of operation. Within 7 days of the incident, a written report must be submitted to the Department. The following personal injuries / incidents must be reported to the Department of Social Services:

* any injury to any child in the child care center that requires medical treatment;

* any death taking place at the child care center regardless of the cause of death;

* any unusual incidents or child absence that threatens the physical or emotional
health or safety of any child.

* any suspected signs or observations of physical or psychological abuse of any child;

* any epidemic outbreaks (i.e. flu, Tuberculosis, Swine Flue, Chicken Pox, etc...)

* any incidents of poisonings;

* castastophes, fires, or explosions.

The report must contain the following information:

* child's name, age, sex and date of enrollment / admission to the child care center;

* date and the nature (type) of event;

* name of physician, medical findings, and medical treatment (if any); and

* disposition or outcome of the incident.

It is important for California Child Care Centers to comply with these and other regulations. The reporting requirements provide valuable information to the Department of Social Services to monitor and evaluate incidents of injuries and monitor the health and safety records of the child care centers.

Government Study Shows that School Improperly and Negligently Restrain and Confine Disabled Children

2009-06-29T11:00:00Z

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

Children with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age - 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

In Florida, a teacher duct taped gagged and duct tapped 5 misbehaving students to their desks when they were misbehaving. It is amazing that teachers with years of experience, certification, and college degrees would resort to such behavior. It really defies common sense and good judgment.

Seclusion is also a problem in school systems for disabled children. In New York, a 8 year old special education student was placed in a small dirty room over 70 times in a 6 month period for whistling, slouching, and hand waving in the classroom.

California and Texas reported over 33,000 instances of restraint and /or seclusion instanced during the past school year. In some instances, disciplinary action is necessary for the health, safety, and welfare of the misbehaving child, other students, and / or the teacher. However, teachers and caregivers should approach disciplinary measures or actions with common sense, good judgment, and should use their best efforts to avoid restraint and seclusion if other means of action are reasonably available and do not put the child or others at risk. You can read more about the GAO Government Study and comments regarding the same at Seclusion and Restraint of Special Education / Disabled Students.

Prescription Drug Abuse Among Children On the Rise in Onslow County, North Carolina and Other Communities

2009-06-28T11:00:00Z

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.

Preventing Child Drowning Injuries and Deaths - Advice from the United States Consumer Protection Safety Commission

2009-06-27T11:00:00Z

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You can read a very good article with safety tips and advice to prevent personal injuries and deaths related to child drownings at How to Plan for the Unexpected - Preventing Child Drownings. Drowning related injuries and deaths can be prevented by following the tips in this article. Parents, guardians, teachers, summer camp counselors, and others should view all bodies of waters including swimming pools, spas, canals, lakes, and other waterways as very dangerous areas. Strong adults drown every year. Some even are decent swimmers. As such, children especially young ones who cannot swim at all are at serious risk of harm when they go into water without proper safety precautions or supervision. Anytime a child is near swimming pools and other water ways or has access - be diligent. Do not underestimate the dangers to children. You would not underestimate the danger of a blazing fire which can cause severe and permanent harm to child. In a similar manner, do not underestimate the danger of unsupervised swimming.

Website www.momslikeme.com Offers Advice, Friendship and Information

2009-06-26T11:00:00Z

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A valuable resource to moms across the nation is a website called www.momslikeme.com The website offers a place for moms to offer advice and get advice. It also allows moms in communities throughout Florida and the rest of the United States to share their experiences, thoughts, and feelings on a wide variety of parenting and mom related issues. From Florida to California to Maine and all points in between, you can find moms like you who are ready, willing, and able to help you with parenting and mom issues that come up in every day life. As a father / parent and husband, I now the value of moms and how much they know. When thousands upon thousands of moms congregate together to make their lives and the lives of others a better place, everybody wins. Check out www.momslikeme.com and go to your local community site. Get involved and active for a smarter today and a better tomorrow.

Gwinnett County, Georgia Couple Arrested in Child Exorcism

2009-06-25T16:30:00Z

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

Police in Gwinnett County, Georgia have arrested and charged a man and woman with false imprisonment and cruelty to children for using handcuffs to restrain the woman’s fifteen year old son. The teenager was held with the handcuffs for periods of 12 hours at a time and was denied food and water over a three day period.

The couple told police that they were attempting an exorcism on the boy. The boy was treated for injuries and dehydration at a local hospital. The mother and her accomplice are being held in jail pending a hearing.

Reports of suspected child abuse in Georgia can be made to the Department of Family and Childrens Services in the county where the child is found. For more information the Department of Family and Childrens Services Website. You can also read this story as posted in the Atlanta Journal Constitution Newspaper website.

Texting While Driving Significantly Increases Risks for Personal Injuries and Wrongful Deaths - Texting While Driving Is Negligent

2009-06-25T11:00:00Z

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

Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver's mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following:

In Amarillo, Texas, Stephanie Phelps, who was driving her 4 month old daughter, ran a red light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention.

In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two teenagers died as a result of this accident.

In Florida, Stephanie Phillips and Heather Hurd were killed when a trucker was reportedly distracted while text messaging on his mobile phone while driving on U.S. 27.

In Glendale, Arizona, Ashley Miller and Stacey Stubbs died in an automobile accident after Miller reportedly drove across the center line while she was text messaging.

You can read about other incidents of driver distraction and cell phone use / text messaging at Text Messaging and Cell Phone Use While Driving Is Dangerous.