Child Injury Lawyer Blog

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

Troy Helms, an 11-year-old from Grove, Oklahoma was attending the Strut Your Mutt dog walk sponsored by the Humane Society of Grove and Grand Lake when he accidentally fell on the ground. A Great Dane attacked the child, biting down on his face and neck. The boy received more than 100 stitches.

Witnesses say that the dog’s owner simply loaded his dog into his vehicle and left the scene. He was later cited by police for the attack.

When owner’s take their dogs into public, they are liable for the actions of the dog. While animals are by nature unpredictable, an owner who suspects that his dog might behave aggressively in public has a legal and ethical responsibility to protect the public from the dog, whether that means leaving the animal at home or fitting it with a muzzle. They should certainly not bring the animal into a crowded event where there are children present. The story does not mention if the child’s family will file a lawsuit against the dog’s owner or the humane society, but they are certainly within their rights to do so.

Find out more about this story at Okla. Boy, 11, Mauled By Great Dane At Dog Walk.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, United Kingdom (England), and many other places, children love to play on trampolines. Unfortunately, children are injured on injuries every day. Many injuries can be avoided with better safety precautions and supervision. Children, especially young children, lack safety awareness. This is especially true when playing on trampolines. Jumping on a trampoline can be quite empowering for a child. Children often want to jump higher and higher. Children then try tricks like flips and jumping in and around each other. During these stunts or just regular jumping, children are injured.

One safety precaution that is vital is a safety net. Every trampoline should have a properly installed safety net. Furthermore, all trampolines should be assembled per manufacturer instructions and placed on a flat secure area. Thereafter, trampolines should be inspected and maintained on a regular basis. There is no substitute for proper adult supervision as well. Trampolines that are properly maintained with safety nets are still hazards for children if there is no adult supervision. You can read more about trampolines Dangers of Trampolines: Child Injuries and Safety Measures.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Safe Kids Utah has a great website ( www.safekidsutah.org) that provides safety tips and advice to parents. In reviewing this website, parents can read helpful information regarding:

Amusement Park Rides; Fireworks; Trampolines; Travel safety tips; Swimming / drowning; ATVs (All Terrain Vehicles); and Home alone safety tips.

Children suffer personal injuries every day in the State of Utah from recreational and sports activities as well as everyday activities. It is important for parents to educate themselves on safety precautions so that this knowledge can be passed on or taught to their children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Helena, Montana, operators of the Last Chance Splash Water Park & Pool closed down a slide following head injuries to three children. These children reported hitting the back of their heads while riding toward the bottom of the slide. Management will be reviewing the slide dimensions and set up with representatives to determine the cause of the injuries and to determine if safety measures can be taken to prevent further injuries to children using the slide. You can read more about this article at Three Children in Helena, Montana Injured on Water Slide.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ducketts Common, in North Green, North London (England / United Kingdom), a two year old boy (Erjon Hyseni) died when he was hit by a roller coaster ride called the "Go Gator" at the Funfair. Fair organizers reported that the boy got off of an inflatable ride and then ran over onto the tracks of the Go Gator ride. Barriers should have been in place and an investigation will be conducted to determine how, when and why the child was able to walk onto the tracks. While parents are responsible for the supervision of their children, fairs and theme parks purposely attract and invite small children for the attractions, rides, and events. As such, safety precautions like protective barriers and fences should be in place to prevent these kind of incidents. Children will run around at fairs and theme parks. As such, this kind of incident is foreseeable and in many instances preventable. You can read more about this story at Funfair Death - Boy Struck by Rollercoaster.

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

In Ohio and other States, children and students enjoy the amenities and sites of state and national parks every day. Unfortunately, many students and children are injured in these parks. Some even die. In Cambridge, Ohio, a college student (Amy Adams) from Muskingum College recently died. She was hiking at a park in eastern Ohio when she fell from a cliff at Hosak's Cave. She was air lifted to Akron General Hospital where she died. Park officials state that Amy wandered off of a marked trail to get to the top of the cliff.

It is truly sad that a college student with such zest for life and adventure died.

While there is adventure and fun at state and national parks, there are also many dangers. All visitors, adults and children, should pay close attention to warning signs and dangers in these parks.

State and national parks have a duty to keep the parks as safe as possible. Trails and dangerous areas should be clearly marked with appropriate warnings and signage when reasonable and possible.

You can read more about this story at College Student Dies in Ohio Hiking Accident.

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

Monkey bars are placed on playgrounds in Massachusetts and throughout the United States. Children love hanging from, hanging upside on, crossing, standing on, and sitting on monkey bars. Many children enjoy the challenge and the height of monkey bars. The problem is that children fail to appreciate the dangers of monkey bars and sustain serious personal injuries from falls from monkey bars. A Boston, Massachusetts medical study mentioned on the the American Academy of Pediatrics Website concluded that serious injuries result from falls from monkey bars. The study reviewed admissions to emergency rooms and the injuries reported in these medical records.

A school, day care center, and others who are responsible for the supervision of children should seriously consider safety when deciding to install new monkey bars or deciding to remove old ones. If monkey bars are in place, the school, day care center, and others should consider the height and size of the monkey bars, the positioning of the monkey bars, and the size of the children.

It is important to ensure that there is adequate supervision of children playing on monkey bars. Parents should make sure that their children are being properly supervised, if they have any concerns, should immediately speak to the caregiver about removing the monkey bars unless proper supervision is consistently provided to the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Brandon Tucker was just 4 years old when he was seriously injured while on the Roger Rabbit Car Toon Spin ride while a guest at Disneyland in California. Brandon suffered brain injuries, internal injuries, and cardiac arrest. Brandon fell from the ride and then was dragged underneath the car for several minutes. Brandon never recovered from the injuries and faced a lifetime of medical care and problems from this tragic accident. Disneyland never admitted fault for the incident but did settle the case with the family 17 months after the incident. In 2009, Brandon died at his home when he was found unresponsive by his father. Brandon was 13 years old at the time of his death. You can read more about this story at Boy Dies After Years of Brain Damage and Related Injuries from Disneyland Ride.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge's ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.

Whether your child is injured in Connecticut or any other State, it makes sense to consult with an attorney as to liability or responsibility for the child's injuries when the injuries were caused by the negligence of a person or business. Florida is another State where the Supreme Court has invalidated liability releases of this nature. The rulings of the highest courts in both Connecticut and Florida make sense since the rulings favor the best interests of the child and safety over protecting a business or person from negligent action or inactions leading to personal injuries of death. You can read more about the Connecticut snow tubing ruling at Connecticut Supreme Court Strikes Down Liability Waivers as Against Public Policy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tacoma, Washington, a 6 year old boy -Sebastian Hizey - died when parts from a red monster truck came flying into the stand and hit the little boy. Another spectator was injured as well. The monster truck was spinning around doing donuts when parts flew 30 to 50 feet beyond and over safety barriers into the stands.

The boy's father, Jessie Hizey, was interviewed by the press and stated that a Frisbee sized piece of metal came flying into the stands and hit his son. Tragically, the hold incident unfolded right before the eyes of Sebastian's father.

There are other monster truck shows that are scheduled for the Tacoma Dome that will be going forward with the events. The promoter of the event, Feld Motor Sports, promised more inspections of trucks in monster truck shows and stated that the truck involved in the incident would be withdrawn.

Safety precautions are important for any monster truck show. Barrier should be erected to provide a shield and safe distance for spectators like the Hizey family. Furthermore, there should be a safety inspection and checklist for every truck entering the event. Questions arise from this incident as to what safety precautions were taken as to the red monster truck and others that were involved in the monster truck show. In particular it would be helpful to know the following:

Who owned the red monster truck involved in the incident?

What modifications were made to the red monster truck?

What repairs were made to the red monster truck over the past year?

What inspections were completed or required by Feld Motor Sports and / or the Tacoma Dome?

Many events print a disclaimer or release on the ticket as to injuries taking place at public events like monster truck shows. Some courts have upheld such releases or disclaimers and many courts have stricken such disclaimers or releases as against public policy. This is especially true when dealing with injuries to innocent children.

In addition to police and authorities charged with the responsibility to conduct an investigation into this death, the family has the right to retain its own attorney / lawyer as well as its own investigators including engineers, mechanics, and accident reconstruction investigator to conduct an private investigation into this matter.

You can read more about this story at 6 Year Old Boy Dies as Monster Truck Event in Tacoma, Washington.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parades are places for celebration. Parades are also places of tragedy far too often for young children who are in the parade or merely watching the parade. In a Beaumont Texas Christmas Parade, Aaliyah Carter (age 11) was killed after falling and being run over by a parade float. Aalliyah attended Homer Elementary School in Beaumont, Texas. According to parade witnesses, Aaliyah was running alongside the truck when she tripped over another girl. The driver, who apparently was not aware that the girl was in the road, ran over the girl who was crushed by the parade float wheels. Aaliyah was taken to Christus St. Elizsabeth Hospital where she was pronounced dead on arrival from castastrophic head wounds. You can read more about the parade accident involving Aaliyah Carter at 11 Year Old Dies in Beaumont Texas Christmas Parade.

Parade related injuries and death happen each year. People including participants in the parade are caught up in the celebration which almost always include children. From Texas to Florida and the rest of the nation, parade injuries and deaths to children are most troubling. See Parades: Injuries and Deaths to Children in Florida.

Safety, planning, and supervision of children are all key components to keeping children safe during any parade. It is most unfortunate for Aaliyah Carter and her family that a day of celebration and happiness so quickly turned into a day of tragedy and morning.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Florida Bureau of Fair Rides Inspection requires Florida's major theme park owners like Disney World, Sea World, and Universal Studios located in Orlando, FLorida to file occurrence reports with the Bureau every quarter. It is a rather loose standard as to what is serious and what should be reported. Most generally consider an overnight hospitalization as a serious condition or injury. Many of the incidents due involve illness or injuries to children. I visited EPCOT a few years back and saw two people on one ride - Mission Space - get ill on the ride. One person threw up and my friend got sick from a combination of the ride and the vomit from the other guest. My friend did not need medical care but the other person did get First Aid. Others have had heart failure after being on this ride. While the large theme park company have engineers and maintenance crews attending to the rides and the parks in general, injuries frequently occur at theme parks as a result of negligence, inattention, and improper or inadequate repairs and maintenance by theme park employees. You can research a data base of injuries at Florida's theme parks by going to Search: Theme park attractions injury, illness and death reports. I suspect that the database is less than complete due to the self reporting nature of the incidents at the major theme parks in Florida.