Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When a child is supervised or otherwise under the care of a school or day care center, parents hope and expect that the teachers, aides, and other child education or child care providers provide a safe learning environment free from abuse and neglect. While most educators and child care providers are good people, some use this position of trust and authority to prey on children and use the very position of trust to abuse, neglect, and otherwise harm children under their care. It is most unfortunate and tragic that incidents of abuse and neglect continue to take place today by teachers and child care providers. When a child is harmed, neglected, battered, and / or assaulted by a teacher, aide, or other child care provider, there are two types of case that can be pursued: 1. Criminal Case and 2. Civil Case.

1. Criminal Case. The police / sheriff's office along with the State Attorney / Prosecutor work together to bring and prosecute criminal charges against those who abuse and neglect children. Through a criminal case, a criminal sentence can be imposed along with restitution which can provide some compensation to the injury victim for medical bills - past and future. Typically, the restitution order is not sufficient to truly compensate the victim. Furthermore, those who commit these crimes are typically sent to prison and do not have sufficient assets to pay the restitution or otherwise compensate the child injury victim.

2. Civil Case. A civil case may be pursued against the school or day care center for the acts of the teacher, aide or other staff member. Cases of this nature can be very complicated when the school is operated and controlled by a public entity. Many states have sovereign immunity laws in place that restrict the type of case that can be pursued against a government entity. Furthermore, there are restrictions or limitations of the amount of damages that can be recovered from a public school or entity. In pursuing a case against the school or day care center, there are typically issues involving negligent hiring, negligent supervision, and negligent retention. If the rogue teacher or staff member has no criminal record and otherwise was apparently a model employee, the school or day care center may argue that there was no knowledge that the bad acts would be committed. In essence, the bad acts were unforeseeable. There are laws and cases in place that call for the vicarious liability of the employee. In other words, the employee or staff member acts on behalf of the school or day care center and therefore the school or day care center is liable for the bad acts and damages caused by the same.

When a child is the victim of abuse or neglect, the laws can be quite complicated and challenging. The case or claim goes well beyond the question as to whether a bad act was committed or whether the child was injured or harmed by the bad act of the teacher or staff member. Because of the complexities of these cases, it is important for the family of the injured child to seek legal advice, consultation, and representation from a child injury lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Child Abuse and Neglect, Damages / Compensation, and other topics. You can get this book for free at The ABCs of Child Injury.

By David Wolf, Attorney Published by Child Injury Lawyer Network

Parents typically use their best efforts to have a child placed in a booster seat or child seat that fits the child size and age. Safety precautions that are followed can make a big difference when there is an automobile accident. Unfortunately, many children are transported in vehicles without proper safety precautions or seats. Whether the seats are forgotten or just not utilized, there are a great many children travelling on roads throughout the United States without proper child seats or child safety restraints. While it may be inconvenient or time consuming to transfer seats, all reasonable efforts should be taken by parents and those transporting children to make sure that the child is placed in appropriate child safety seats.

When a child is injured as a result of an automobile accident, it is often times helpful for a parent to consult with a child injury lawyer about the respective rights of the injured child. While car seats can help reduce the seriousness of an injury, the failure to utilize a car safety seat or booster seat does not by itself prevent a parent from seeking damages against the at fault driver for the injuries sustained by a child in an automobile accident.

Researchers at the University of Michigan reported a study involving issues related to carpooling and the use of booster seats for children ages 4 to 8. The study indicated that many drivers including parents of their own children failed to use available booster seats when carpooling or transporting multiple children. See Children in Carpools Often Go Without Booster Seats.

A Child Injury Lawyer can assist the parents of a injured child with the various issues that are involved in a claim or case for a child injury victim when there is an automobile accident, trucking accident, pedestrian accident, bicycle accident, or other injury caused by the negligence or fault of another person or business.

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

In homes, day care centers, schools, and other locations, there are common every day items that can pose a great risk of injury to a child. These items are in just about every house and most day care centers and schools. Believe it or not, the common every day items include televisions and furniture. Children are curious and often times do not recognize the danger of climbing on furniture or moving a television set. When these items are not properly positioned, safeguarded, and / or anchored, serious personal injuries can result. Because there have been a number of incidents across the nation that involve serious personal injuries from a television or furniture item that has tipped over and fallen on a child, it is vital that the home, day care center, school, and other location frequented by a child be safeguarded to the best of the ability of the property owner and / or child care provider.

While there may be some expense in anchoring these items through the services of a contractor or handyman, the expenses associated with the safeguards would pale in comparison to the injuries and lives that are changed when the safeguards are not put in place.

When a child is injured by a television or falling furniture, it is often times helpful to contact a Child Injury Lawyer for advice, consultation, and legal representation. There are many factors to consider in these claims and cases that can be reviewed by the child injury lawyer with the parents. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowners Insurance, Day Care Center Injuries, School Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

In Oaklawn, Kansas, an unfortunate incident was reported at a home. It was reported by the Witchita Eagle that a 4 year old girl suffered serious personal injuries in the form of a head injury when a television fell on her. The incident took place in a bedroom. Sedgwick County Sheriff's Office responded to the scene. The girl was transported to Wesley Medial Center for care, treatment, and evaluation. See Television Falls on Kansas Girl in Bedroom.

Many parents quite frankly are not aware of the dangers of televisions and falling furniture. While these incidents are not as common as automobile accident related injuries, unsecured / unanchored furniture and televisions in the home, day care center, school, and other locations still pose a danger to children.

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

In Texas and other States, trampolines are often seen in most communities. For the most part, trampolines are a source of fun, entertainment and exercise for adults and children alike. Unfortunately, many children are injured every year due to trampoline accidents and injuries. Some incidents are avoidable with safety precautions and adult supervision while others are not. While trampolines are quite common, they should still be considered dangerous when used in an unsafe manner and / or when the trampoline is not properly maintained or equipped. Often times, a child injury lawyer can help the injured child and the family pursue damages for medical bills, pain, and suffering when there is a trampoline personal injury.

Here are some safety tips to keep in mind:

1. Parental Supervision. Some parents prefer that a child refrain from using a trampoline. Each parent has his or her different thoughts and philosophies on parenting and safety. Because of this, it is important to get the permission of the parent before allowing a child to use a trampoline.

2. Inspection of the Trampoline. Make sure that the trampoline is properly maintained and in good repair. Also, make sure that there are not items or objects in or around the trampoline that could cause injury.

3. Safety Precautions. It is helpful to have a net around the trampoline to help prevent falls off the trampoline. The barrier comes with many trampolines or can be added to an existing trampoline.

4. Supervision. The maxim - "Kids will be kids" - applies to trampolines and other recreational activities. Children are best served with adult supervision to make sure that the children follow the rules and play safely. What may seem like an innocent or harmless wrestling match or move can lead to serious personal injuries.

5. Age and Occupancy of the Trampoline. Make sure that the number of children on the trampoline does not exceed manufacturer recommendations. Furthermore, the age and size of the children should be considered when using the trampoline. A couple of rowdy teenagers should not be on the trampoline with a four year old.

Following the above safety measures and using common sense can go a long way to preventing personal injuries from taking place when using a trampoline.

It was recently reported in Vidor, Texas, a 12 year old boy (Everett Williams) was injured when he fell off of a trampoline. He was taken by air transport (medical helicopter) for treatment and evaluation at Christus Hospital Elizabeth - Beaumont, Texas. It was reported that the boy fell off of the trampoline and that there was no protective net in place. See Vidor Texas Boy Injured in Trampoline Accident.

It can be quite a challenge for a child when there is a serious personal injury. The challenge also extends to the parents and caregivers. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance, Sports Related Injuries, Damages / Compensation, Medical Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children just love playing with games and toys. Unfortunate, the very games and toys that bring hours of enjoyment to a child can also cause serious personal injuries and, in some cases, the untimely death of a child. When a child suffers an injury due to an unsafe product and / or improper supervision of the child, it is often helpful to contact a Child Injury Attorney for consultation and representation regarding the matter. A Child Injury Attorney can advise a parent as to the legal rights of the injured child and the rights to compensation for the injuries sustained by the child.

For younger children, there is a serious risks of choking on parts of a toy or game. Children are curious and lack good judgment. Often times, a child will put a piece of a toy or game in his or her mouth without giving much thought to the risks involved. Some games or toys are manufactured with small parts or pieces. Other games and toys can be damages or broken that result in small parts or pieces being available to the child. Toy safety and supervision are important in the home, the homes of relatives, friends, and neighbors, schools, day care centers, and other locations. Here are some safety tips to keep in mind to prevent or reduce the incidents of choking on toys:

1. Age Recommendations. Most toys are labeled with age recommendations. It is important to read the instructions and packages for toys. The age recommendations are there for a reason. While these age recommendations are far from perfect, they can serve as a guide to make a decision as to the use of a toy or game for a certain child and age group. If the packaging has been lost or discarded, search for the toy or game on the Internet. You can also contact the manufacturer or visit a store for more information regarding the toy or game.

2. Toy Maintenance and Inspection. Toys and games should be frequently inspected and cleaned. While a toy may be safe when purchased, it can become broken or worn over time and present dangers to a child.

3. Supervision. No matter the labeling or inspection of a toy, nothing can replace the importance of supervision of children when playing with toys and games. Children should use the toys and games as instructed. Often times, a child will misuse a toy or game without recognizing the dangers associated with the same.

4. Storage of Games and Toys. Since it is impossible or impractical to provide 24 / 7 of children in most instances, it is important to safely and securely store toys when supervision is not provided or available. Keep all toys with small pieces out of the reach of toddlers and infants who have a habit or risks for putting these pieces in their mouths.

5. Set Rules and Limitations for Play. Children should be instructed as to proper use and timing of play. By setting Rules and Limitations in place, many personal injuries can be reduced. There should be a time and place for toy and game play. Furthermore, toys should be removed from the floor and areas should be organized and cleaned to prevent injuries to the children and others.

6. Remove Unsafe Toys and Games. The Consumer Product Safety Commission periodically recalls toys and games that are determined to be unsafe for children. Parents and child care providers should visit the website for The Consumer Product Safety Commission to find out about these toy and game recalls.

See also Choking Risks to Children from Toys and Games.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, School Injuries, Homeowner's Insurance, Day Care Center Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina and other states, parents rely on babysitters,schools, and day care centers to supervise their children when parents are working or otherwise unable to be with their children. In most instances, the babysitter is diligent and conscientious. The children are well cared for and they are kept safe and free from dangers. Unfortunately, at times, children are put at risk for serious personal injuries or medical complications when a babysitter uses poor judgment or tries to take short cuts when babysitting or supervising children. In Horry County, South Carolina, it was reported that a babysitter gave a 4 year old Xanax. The child was given this medication in an attempt to ge the child to nap / sleep on New Year's Eve.

The child was seriously affected by the medication and the mother drove home to intervene. Thereafter, the child was taken to Seacoast Medical Center for evaluation, care, and treatment. The babysitter was later arrested for unlawful neglect of a child. Blood work at the hospital detected the Xanax in the child's blood stream. It does not appear that the child suffered any permanent injuries from the ingestion of the medication; however, the dangers and risks were there. For more information, see Babysitter Admits to Giving Child Xanax.

Medications should never be given to a child without a proper medication or without a medical reason for giving the child th medicaton. When a child is supervised by a babysitter, day care center, school, or others, it is important to provide the child with a safe and clean environment. To the extent possible, medications, alcohol, chemicals, and poisons should be locked up and kept out of the reach the children and any unauthorized individuals.

The book titled -The ABCs of Chid Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insuance, Day Care Center Injuries, School Injuries, Medical Care / Medical treatment and other topics. If a child suffers an injury as a result of the negligence or fault of others, the book has information that a parent can use to determine how to handle the various issues or questions that arise with child injuries. A parent or other concerned person can receive this book for free at The ABCs of Child Injury.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, a tragic incident was reported involving a 4 year old child. While at a James Madison University (JMU) basketball game, a 4 year old child sustained a head injury after falling approximately 10 feet at the Convocation Center. The incident took place in the bleacher section of the center. Harrisonburg Fire Rescue as well as officials from the university responded to the scene to render aid and transportation to the child following the personal injury. For more information regarding this incident, see Child Sustained Head Injury While at JMU Basketball Game.

Unfortunately, at times, children are injured at arenas, convention center, stadiums, and other sporting events. Some of these injuries are preventable with better safety precautions and supervision while other incidents are no foreseeable and could not have been easily prevented. Either way, it is a tragic day when a child suffers a personal injury especially a serious one that can have life long effects on the child.

When a child suffers a head injury, it is important for parents, day care providers, teachers, coaches, and / or other responsible adults to assess the situation and get the child examined, evaluated, and treated as necessary for the head injury. Every year, many child suffer traumatic brain injuries (TBIs) due to automobile accidents, slip and falls, sports participation, and other causes.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medical Treatment, Damages / Compensation, Sports Related Injuries, and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

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

In Walkertown, North Carolina, a 6 year old boy (Mason Kenerly) fell 25 feet in a well. The incident took place in Forsyth County, North Carolina. Fortunately, the child was rescued from the well and was able to return home to his family. In many instances, the child is not so lucky to get rescued. For more information regarding this story - see North Carolina Boy - Age 6 - Rescued from Well After Falling 25 Feet.

Children are curious and seek adventures and explorations every chance that they get. Unfortunately, children often times suffer serious personal injuries when they are curious and lack the good judgment to stay out of danger. Because it is well known that children are curious and get into dangerous situations, day care providers, teachers, babysitters, parents, neighbors, and other responsible adults should use their best efforts to supervise children and monitor their activities. While it is impossible to prevent every single incident causing injury, supervision and safety precautions can help prevent the frequency and number of incidents leading to serious personal injuries to children.

In many States, there is a well known legal concept called "Attractive Nuisance" which means that children are lured to certain areas. These include pits, electrical equipment areas, ponds, lakes, and swimming pools. It is important that landowners use reasonable efforts to secure the area and put enclosures in place when feasible to keep children away from these potentially dangerous areas.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Water Parks and Swimming Pool Injuries and Drownings, Homeowner's Insurance and other topics. You can receive this book for free at The ABCs of Child Injury.

By Roy Dickinson, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Now that the holiday season is over - - - children will be busy playing with the toys, bikes, skateboards, and other items that they received in December. While these items can occupy the time of a child, entertain them, and help them be active - these items can also be the cause, in part, of injuries to children. As reported by Safe Kids USA, speed and small parts are included as the causes for toy related injuries. Emergency room visits take place due, in part, to accidents while a child is riding a tricycle, bicycle, or scooter. While the only way to avoid every single injury is to avoid these items and activities - this is not realistic or sensible; however, there are safety measures that a child can take under the guidance and supervision of a parent, babysitter, school, day care center, or other responsible adult. Training and instruction can go a long way to prevent injuries. Make sure that the child understands the mechanism of the toy or bike and that he has lots of practice before taking longer rides or riding faster. It has been reported that 150,000 children are seen in emergency rooms every year due to toy related injuries. Of these injuries, approximately 1/3 of the injuries resulted from riding toys like a tricycle or scooter. Between the years of 1990 to 2009, almost 200 children have died due to choking related injuries caused by small toy parts. For more information on this topic - See Causes of Injuries from Toys - Small Parts and Speed.

Child safety experts recommend that all children wear a helmet on any riding toy or device. Whether the riding toy is a slow one or a toy capable of higher speeds, a child should always wear a helmet for his or her protection. Furthermore, parents should know that a serious injury can just as easily occur close to home in the driveway as it can further away from the home. Concrete is concrete and when a child hits the ground without a helmet - serious head or brain injuries can and do happen. While a helmet will not reduce all injuries or incidents, it is one safety measure or item that should always be used.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medical Treatment, Damages / Compensation, Homeowner's Insurance, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

CNN reported that the University of Vermont suspended a fraternity for posting a rape survey online. The rape survey was no laughing matter to the university or the national fraternity. The university and the national fraternity of Sigma Phi Epsilon made it clear that acts that demean women were unacceptable and would not be tolerated. See Sigma Phi Epsilon Fraternity Chapter Suspended After Posting of Rape Survey.

Unfortunately, there are assaults and rapes that take place on college campuses and elsewhere. Any act that makes light of or fun of such a serious and harmful incident should be dealt with harshly. Students should be provided with an educational environment that is safe and free from acts that are harassing or harmful in nature.

In addition to sexual assaults, college students are sometimes the victims of hazing acts by other classmates and /or fraternity / sorority members. There is no real purpose or utility to any acts that harass or demean another student. While there are rules and regulations against hazing acts at most every university and school, hazing incidents continue to be reported. At times, it can be difficult to go against the will or acts of a group but when it comes to hazing - action should be taken so that current hazing acts stop and future hazing acts are prevented.

Often times, bad conduct and hazing go on for years at universities, high schools, and other locations. The dangers and risks of hazing and poor conduct only come to light when there is a serious personal injury and, in some cases, the untimely and preventable death of a student / child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Damages / Compensation, Medical Care / Medical Treatment, and other topics. You can receive a free book at The ABCs of Child Injury.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers and child care centers have a duty to provide children with a safe and clean outdoor and playground environment. Pursuant to Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing - Hazards - Section 20.4.C, the Child Care Center has a duty to ensure that the play area for the children are well drained and free of debris. Furthermore, the child care center shall provide an outdoor environment that is clear of hazards including pits and abandoned wells, tree roots, appliances, and all other potential hazards including heat pumps, air conditioning units and external wiring, meters and telephone boxes. These areas shall be kept inaccessible to the child. The children enrolled in a day care center shall also be protected or kept away from moving vehicles when playing outside at the child care center. In addition, the soil of the playground area shall be free from any level of toxic chemicals and substances.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers / child care centers are regulated by the West Virginia Department of Health and Human Resources. The definition under West Virginia law as to what constitutes a child care center is quite broad and includes the following:

A facility maintained by the state or any county or municipality thereof,
or any agency or facility operated by an individual, firm, corporation, association or organization, public or private, for the care of thirteen (13) or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.

The following are exceptions to the above definition:

*A kindergarten through grade twelve education program, that is operated by a public
school or that is exempt from the compulsory school attendance law by the state department of education;

*A West Virginia Pre-K classroom operated by a county Board of Education in a public
school setting;

*Any other kindergarten, preschool or school program that operates with sessions not
exceeding four (4) hours per day for any child;

*An individual or facility that offers occasional care of children for brief periods while
parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs;

*Hospitals or other medical facilities that are primarily used for temporary care of
children for treatment, convalescence, or testing; and

*Persons providing care solely for children related to them.

See Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, parents rely on day care center / child care centers to watch over or supervise their children while they are at work. It is vital that day care centers follow the applicable West Virginia laws and regulations. In addition, it is just as important that the day care center and its staff use everyday common sense and good judgment when supervising children. Pursuant to Title 78 - Code of State Rules - Department of Health and Human Resources - Division of Human Services - Section §78-1-3.2 Definitions - Adequate Supervision, a day care center has a duty to provide adequate supervision which is defined as "the observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the ]child’s program of activities, individual needs, habits, interests and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care."

West Virginia day care centers / child care centers should follow this regulations as well as the other regulations set forth by West Virginia Law and enforced through the Department of Health and Human Resources. By providing each child with "adequate supervision", many incidents leading to personal injuries or harm to a child can be avoided.

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

In Potsdam, New York, the Watertown Daily Times reported that a day care center was cited with violations of day care laws and regulations. The New York Office of Children and Family Services is the New York government agency charged with licensing and supervising day care center. It was reported that Build Blocks Day Care Center was cited with over two dozen violations over the past two years. See N New York Day Care Center Cited with Violation of Day Care Regulations. It was noted in the article that the violation of a day care regulation does not necessarily mean that a facility is a "good" day care facility or a "bad" day care facility. This is probably an accurate statement; however, compliance with New York day care standards including those pertaining to safety, playgrounds, staffing, and supervision can help prevent or avoid many incidents that do cause serious personal injuries to children enrolled in a day care program.

It can be quite difficult for a parent to deal with an unexpected child injury that takes place at a New York day care center or child care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. To receive a free copy of this book, go to The ABCs of Child Injury.

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

In Brunswick, Georgia, a serious automobile accident / school bus accident took place when a school bus hit a car. Due to the impact, the car and its driver were pinned by the larger school bus. See Glynn County School Bus Hits Car - Pins It Against a Tree Trapping Driver Inside. Police and rescue workers responded to the scene and were able to free the trapped driver from the vehicle. Thereafter, the injured driver was taken to a Savannah hospital for evaluation and treatment.

Driver safety is key for all drivers on Georgia roads. It is important for all drivers to pay close attention to speed limits, road signs, traffic conditions, and road conditions. When there is an automobile accident, there are often many issues and challenges faced by the injured driver or passenger. These include those related to medical care, medical treatment, medical bills, insurance claims, wage loss, and other compensation. It is often times helpful to have assistance and representation by a personal injury attorney to guide the injury victim through the claim. When necessary, a lawsuit can be filed to enforce the rights to compensation of the injured person.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Section 17C-11A-4 of the West Virginia Code, all children under the age of 15 years old are required to wear a bicycle helmet In fact, it is unlawful for any parent of a child under the age of 15 in West Virginia to knowingly allow the child to operate or be a passenger on a bicycle without a proper fitting bicycle helmet. See West Virginia State Code.

Bicycle helmet laws vary from State to State. Furthermore, some counties and cities have their own helmet laws in place as well. Whether or not there is a helmet law in place in a certain State or City, it is always recommended by child safety advocates that children and all others riding a bicycle wear a protective helmet. Many serious head injuries can be prevented or at least lesseneed by wearing a proper bicycle helmet. It should be noted that a child can be injured in his or her driveway as well as any other location. Because of this, it is always a good idea to wear a helmet for short rides as well as long ones. Forming and enforcing the good habit of a child to wear a bicycle helmet is vital for the child's ongoing safety.

Some child safety advocates promote bicycle safety awareness by giving out helmets to children in the community. Stephen New is an attorney based in Beckley, West Virginia. His community service work focuses on child safety and, in particular, bicycle safety - bicycle helmets. See the website for Mr. New at West Virginia Community Service Project - Bicycle Helmets for Children.

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Phoenix, Arizona and other States, parents rely on day care centers to provide a safe and clean environment while the parents are at work. The day care center has a duty to provide consistent supervision so that the children are kept safe and free from dangers and hazards. Unfortunately, some day care centers put a child at risk for personal injuries when the supervision is lacking. It is vital that day care centers have policies, procedures, and safeguards in place to prevent children from wandering out of the facility. In Phoenix, Arizona, it was reported by the local news that a child wandered away from a day care center. Fortunately, the child did not suffer any serious personal injuries and was returned safely to the day care center and ultimately to the child's family. While there were no injuries reported, the risks were still there and actions should be taken by this facility to prevent future incidents of this nature. See Toddler Wanders from Daycare Center in Phoenix, Arizona.

It is a challenge to be a parent. There are challenges to finding the right day care center, finding the right babysitter, helping children with their homework, getting the child to right doctor, etc. . . It is even more challenging for a parent when a child suffers a personal injury as a result of the fault or negligence of another person, school, day care center, motorist, or other entity. The book titled - The ABCs of Child Injury - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Treatment / Medical Bills, Damages / Compensation, Sports Injuries, and other topics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The U.S. PIRG (Public Interest Research Organization) released a report titled "Trouble in Toyland) that warns parents, school, day care providers, and others as to the dangerous of certain toys out on the market this holiday season. Toys can pose a risk to children due to choking hazards and / or toxic components like lead. It is important for parents to be on the the look out for these reports and other reports and warnings from organizations like the U.S. Consumer Product Safety Commission. See Trouble in Toyland - List of Dangerous Toys.

Parents and day care providers should be careful when purchasing a toy and when accepting a toy as a gift for a child. Check the packaging for the age recommendations. Closely examine the toy and all contents on the box for small objects or sharp objects. Unfortunately, many children suffer serious personal injuries and, in some cases, death from unsafe toys.

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

In Georgia and other States, teens engage in hunting activities. During most hunting trips or activities, there are no problems or injuries. Unfortunately, at times, an errant shot is fired and results in a serious personal injury and, in some cases, death to a hunter or bystander. A hunting accident was reported in Fulton County, Florida. The Atlanta Journal-Constitution reported that a teen was accidentally shot when his gun discharged while he was hunting squirrels with his brother. The teenagers were hunting with .22-caliber rifles. The gun went off when the gun hit the ground and then hit the teen in the face/cheek. It appears that the teen will recover from these hunting related injuries. See Teen Shot While Hunting with Brother in Fulton County, Florida.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania, the first civil lawsuit has been filed against Jerry Sandusky, Penn State, and the charity founded by former Coach Jerry Sandusky. The victim, who is now 29 years old, alleged that Jerry Sandusky sexually abused him more than 100 times. It is anticipated that other lawsuits will follow by other victims of Jerry Sandusky. In an attempt to use public relations, Jerry Sandusky has given some interviews to major news outlets. He has admitted to "horsing around" and to "showers" with or near the boys. Mr. Sandusky's judgment was certainly poor and it appears that he continued his bad behavior or poor judgment for years without any appreciable intervention by the police, Penn State University, or any of his superiors at the college. It will be interesting to see what evidence is developed through the lawsuit as well as the criminal investigation that is currently pending. In light of the criminal investigation and the multiple reports from different victims / witnesses of Jerry Sandusky's bad acts, it is difficult to comprehend Sandusky's ongoing denial of any criminal or abusive conduct. Of course, Sandusky will be entitled to a criminal defense in the prosecution(s) against him. The case will result in a dismissal, plea deal, or trial. Since there appears to be plenty of evidence against him, it is unlikely that there will be a dismissal of the criminal charges. As such, the case will either be tried in front of a jury or will result in a plea deal. As for the civil case, there will be a settlement, trial, or court order establishing the case or throwing it out. Time will tell how all of these cases turn out. Hopefully, the truth will shine through and justice will prevail. See Sandusky Sued for Abuse in Pennsylvania.