Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Both spring break and summer are just around the corner, so now is a great time for parents and children to refresh their water safety skills. Planning ahead can make a day at the beach, pool or water park fun and relaxing for everyone.

Before you go:
Most drowning accidents involving children under five years old happen at a residential pool. Families with backyard pools should make sure they use appropriate safeguards, like a latched four foot high isolation fence around the pool area with an alarm. You should also keep the pool covered when not in use, and keep safety devices within reach at all times.

Even if you do not own your own pool, parents should get themselves CPR trained and carry a first-aid kit when they go out with their kids for the day.

While in the water:
Supervision is the most critical aspect to keeping everyone safe. Never just assume someone else is watching your child. A life vest is the most important piece of safety equipment for your children – “floaties” and water wings are for recreation only. Parents should also consider water shoes for everyone to protect feet from rocks and broken glass.

At the end of the day:
If you own a pool make sure it is covered, the gate is locked, and that any toys are moved out of the pool area.

Read more tips for water safety at From the YMCA: Get your water-safety procedures in place as spring break approaches.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A five year old boy from West Wales, United Kingdom, fell off a child’s motorcycle that he had been given as a Christmas present. He suffered serious head injuries from the fall and died after being taken to the local hospital. The child was reportedly playing with the gift in an enclosed playground when the motorcycle accident took place. His father had taken him to the park to practice, since it was closed to automobile traffic over the holiday. Unfortunately, because the enclosed area is usually used for driving practice, it has a concrete surface. According to a neighbor, the park was locked up, but the short fence would be easy for someone to hoist a bike over. Police are calling this a tragic accident. They would not say if the child was wearing a helmet at the time of the accident.

Motorized vehicles, such as motorcycles, all terrain vehicles (ATVs), and go-karts are very popular among kids. Unfortunately, if they are not used with appropriate care, supervision and safety precautions, these toys can turn deadly.

Find out more about this tragic motorcycle accident that took the life of a child at Boy, five, dies after falling off child's motorbike he was given as Christmas present.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to a British organization, the Child Accident Prevention Trust, attractively packaged capsules containing dishwashing detergent pose a serious poisoning risk for children. The capsules contain highly-concentrated detergent, which can cause serious chemical burns. According to the Trust, “hundreds” of children are being poisoned, and they attribute an 11% increase in calls about accidental poisoning to the introduction of the new tablets on the market. Toddlers have reportedly suffered chemical burns to the throat, eyes and skin after biting or playing with the tablets. The vibrant packaging and attractive design of the tablets are believed to make the poison more attractive to young children.

Parents need to be aware that these tablets may be extra attractive to children and take care to keep them out of their reach. Because children are oblivious to the dangers of playing with or eating dangerous objects, it is up to the parents to maintain proper child safety measures to keep their offspring safe from harm. Parents should keep emergency phone numbers, including poison control, within easy reach in case of an accident. Manufacturers can do their part by clearly labeling hazards as required by law and by being careful to avoid designing hazardous products that resemble toys. This includes brightly colored packaging as well as the design of the products themselves. Find out more the poisoning dangers at Wash capsule ‘danger’ for kids.

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

In Georgia, rules and regulations are in place for the set up, supervision, and maintenance of playground equipment for Georgia Day Care Centers. The purpose of these rules and regulations is to promote safe play and ongoing supervision so as to limit or prevent child injuries that often take place when children play on playground equipment. Pursuant to Chapter 290-2-2-.12 (aa) (8) & (9), Physical Environment and Equipment - Rules and Regulations for the State of Florida, day care centers need to arrange outside playground equipment so that supervision of the children is not obstructed. The Georgia legislature recognizes the importance of supervision. If equipment prevents or obstructs proper, close supervision, then the facility may not be in compliance with these Georgia rules and regulations. Climbing and swinging equipment, like ladders, monkey bars, and other equipment, shall be properly anchored and shall have a resilient surface beneath the equipment and the fall zone that is adequately maintained. In addition to the above, day care centers should make sure that swings, ladders, slides, and other playground equipment are free from litter, sharp edges, and other hazards. Playground equipment can rust and become deteriorated over time. As such, it is important for a day care center to institute and follow a maintenance and inspection program to make sure that the playground equipment is safe for continued use and free from hazards. You can read about the rules and regulations at Chapter 290-2-2.12 (aa) (8) & (9), Rules and Regulations for the State of Georgia.

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

A near drowning incident of a 2 year old (Jessica Wheat) in an apartment complex pool in Lake Charles, Louisiana shows the importance of safety precautions and measures for swimming pools that can be accessed by children. There was a four foot fence around the pool at the Wilshire Apartments which was undergoing renovation. In fact, the pool had been closed for about 1 year. Unfortunately, someone had removed some of the fence near the locked gate. This, in turn, had given access to Jessica to get into the pool.

The reason for proper barriers, fences, and safety measures is to protect children from serious personal injuries and wrongful death. It is well known that children will wander. Children are curious and think of pools and other areas as places of adventure rather than places of danger. These attractive nuisances need to be safeguarded to prevent tragedies like the Jessica Wheat incident from taking place. You can read more about the Jennifer Wheat incident at Near Drowning at Lake Charles, Louisiana Apartment Complex. The near drowning incident put Jennifer Wheat in critical condition and into the Memorial Hospital.

The Center for Disease Control and Prevention reports that between 300 and 350 children drown every year in swimming pools. Most of the incidents took place while the child was being supervised by a parent. Furthermore, the drowning incidents typically involved inattention by the supervising parent or adult for five minutes or less.

Because of the shear danger of drownings and swimming pools, it is vital for Louisiana parents, caregivers, and adults responsible for the supervision of children to be diligent at all times for the safety, protection, and welfare of children. Children die every year in public pools, neighbor's and friend's pools and, yes, at home. You can read about a tragic death that took place in Houma, Louisiana at Grieving Louisiana Family Aims to Get Swimming Pool Law in Effect.

Whether there is a law in your State requiring a barrier or fence or not, all pool owners including homeowners, hotels, motels, and resorts should take reasonable precautions to prevent drowning deaths and serious injuries to children.

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.