Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Ten million drop-side cribs have been recalled since 2007 - including 2 million in June alone. The Consumer Product Safety Commission has formed new safety standards that will ban the sale of drop-side cribs and prohibit their use in day cares and hotels hopefully by December 2011.

The CPSC was probably urged to publish the new crib rules two years ahead of the congressional mandate because of cases like Bobby Cirigliano. Bobby was 6-months-old when the side rail of his drop-side crib came loose, trapping Bobby between the mattress and the rail and effectively suffocating him.

Drop-side cribs have movable sides that make it easier to get children in-and-out of the crib and have been around since the 1970s. However, over the decades, the cribs have proved to be dangerous - even deadly. In 2000 alone, at least 32 children died because they were trapped by drop-side cribs.

The larger issue, according to Alan Schoem, a former director of CPSC's Office of Compliance, is one manufacturer's must face. It is a manufacturer's duty to so that reasonably foreseeable use or misuse does not result in injury or death. A duty, that if not followed, is punishable. In fact, under CPSC rules, crib-makers could face civil or even criminal penalties for failing to factor use or misuse into a crib's design or not reporting incidents to the CPSC. If you would like to read more on this story and see a chart of the units recalled from major suppliers see Dangers of drop-side cribs may be banned by December.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Although corporal punishment and spanking of children is banned in 24 countries, it is a common practice all over world, revealed three studies by UNC researchers. Spanking children has decline since 1975, however, it is still common practice, 80%, for preschool children.
Below is a summary of the findings revealed by the one of three studies conducted by Desmond Runyan, professor of social medicine at UNC:
- Mothers with fewer years of education more commonly used physical punishment.
- Harsh punishment of children by parents is not less common in countries other than the U.S. However, it may be more common in low and middle income countries.

Adam J. Zolotor, assistant professor of family medicine and UNC School of Medicine, led the other two studies. A summary of the results are listed below:
- Zolotor's first study tracked corporal punishment trends for 3-to-11-year-old children in the U.S. as demonstrated by four separate surveys conducted in 1975, 1985, 1995 and 2002. Although there was a decrease in the number of children slapped (18%) in 2002 from 1975, about 79% of preschool-aged children are spanked.

Zolotor states that given the weight of the evidence of his studies, corporal punishment does more harm than good. Therefore, it is important for parents, guardians, day care providers, caretakers, babysitters, etc. to educate themselves on the consequences of corporal punishment. There is a fine line between disciplining a child and inflicting physical abuse upon a child, the latter never being okay. If you would like to read more on this topic and see more findings of the conducted studies see Studies on Corporal Punishment upon children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Littleton, Colorado and other cities, the new school year has begun. For most children, the first days and weeks of school are filled with fun new learning adventures, seeing friends, and making new ones. Unfortunately, the new school year has greeted some children with injuries, abuse, and neglect at the hands of child care and day care providers. In Littleton, Colorado, a child care worker showed poor judgment by duct taping a boy's hands to his head. This bad judgment in child care resulted in the day care worker's arrest by the Douglas County Sheriff's Office. Matthew James McGregor, age 21, was employed for Roxborough Roxstars, a program run for before and after school care for the Douglas County School District.

The Douglas County School District touts itself as providing quality care for children during, before, and after school. The Sheriff's Office reported that the incident may not have been intended as punishment but just horseplay between the substitute teacher and the student.

Teachers, substitute teachers, day care providers, and child care workers need to provide children with a safe haven during the school day and during before and after school programs. You can read more about this story at Colorado Teacher Arrested for Duct Taping a Student in Douglas County School Program.

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

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 2-year-old girl was seriously injured at her day care in Raleigh, North Carolina. Apparently the toddler was attempting to climb a bookcase, when the bookcase fell and hit her on top of the head. The incident is being investigated by the Tennessee Department of Human Services - specifically the supervision issue.

The day care facility, Bright Horizons day care, voluntarily closed after the accident and is uncertain when it will reopen. The facility cared for 75 children and had 13 staff workers.

The facility has been inspected in the past and Tennessee DHS officials were found to incomplete files and an improper ratio of caregivers to children. After the director of the center was replaced there have been no violations after subsequent visits. If you would like to read more about this story see Toddler falls off bookcase in Raleigh day care.

Hopefully this child was not injured badly and will make a full and quick recovery. Day care providers and child care workers eed to maintain constant supervision over their children, especially toddlers. Toddlers are curious and have an overwhelming tendency to wander into places that are not "child-proof". Therefore, adults, guardians, care takers, day care providers and babysitters need to always keep a watchful eye out for the health, safety and well being of children.

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

The results of a recent New York booster seat law found that traffic injuries among children ages 4-6 dropped 18% - the New York booster seat law required certain children to seat in car seats and took place in 2005.

Forty-seven states and the District of Columbia require booster seats, which children are to sit in after they outgrow their infant/toddler car seats but are still too small to be adequately protected by seat belts. However, Florida does not have such laws.

Seat belts fail to protect children who weigh less than 80-100 pounds and who are under 4-feet-9.

1. Kids should be tall enough, so the seat beat is resting against a hardy, bony surface against the body - such as the hips and collarbone - not the stomach.

2. Kids should not be able to bend their knees at the edge of the seat, even while sitting staight up.

3. Kids should be able to maintain the position in described above, without slouching or lying down, for the entire trip.

If you would like to read more on this topic see Booster seats saves lives.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado has a adopted a new law that changed the requirements for children who have to use booster seats. Under the previous law, children between the ages of 4 and 5 were required to be restrained by a booster seat while in a motor vehicle. Now, under the new law, children who are 6 and 7 are also required to be restrained by a booster seat. Also, a child's height and weight are no longer the determining factors of whether or not a child should be restrained in a booster seat - the new law only has an age requirement affecting children under 8-years of age.

Many Colorado parents are unaware of the changes the new laws made. However, not obeying this law is consider a primary traffic offense in Colorado. An officer is legally able to stop you for the sole reason of not having your child in a booster or car seat. The minimum fine is $82 for every offense. However, police will give a warning in the law's first year. To read more on the new law see Colorado changes its booster seat law.

Parents, day care providers, babysitters and other people who transport children need to inform themselves of changes made by the new booster seat law. Hopefully, this law will decrease crash-related or other traffic-related child injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Playgrounds are great environments for children to have fun and get exercise. However, parents need to ensure that the playground area is safe before they allow their children to play on the equipment. According to group reports, approximately 200,000 children in the United States visit the hospital after sustaining playground-injuries. Nearly 80% of playground-injuries are the result of falls, says the National Playground Safety Institute. And about 45% of those injuries are considered severe, meaning the injuries are fractures, internal injuries, concussions or dislocations.

Here are some safety tips that can be employed to prevent playground injuries:
1. Children should always be supervised. The younger the children, the more supervision that is needed.
2. Inspect the playground equipment before allowing you children to play on it. Check for broken or protruding pieces, cracks and other open spaces and open bottles or other sharp objects around the area.
3. If the playground is crowded and prevents you from maintaining constant supervision on your child, comeback at a different time with the volume is not as heavy.
4. Teach your children not to run, shove or push others at the playground.

To read more on this topic see How to keep playgrounds a safe place for children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Choking is a leading cause of injury and death in children, especially children under the age of 4-years-old. The main reason for this is because children have a tendency to put almost anything inside their mouths. The most common objects are food, toys and coins. And, although toys are labeled as choking hazards, food is not. According to a published study by Dr. Gerry Smith, director of the Center for Injury Research and Policy at the Nationwide Children's Hospital in Columbus, Ohio, a child will die every 5 days in the United States from choking on food. Smith urges the government to place warning labels on foods that pose choking hazards.

Here are some high-risk foods: Hot dogs, grapes, popcorn, nuts, hard candy, raw carrots, apple chunks and seeds. The riskiest foods are those that are hard and round because these foods have a high potential of plugging a child's airway.

Below are some simple guidelines parents, daycare centers and childcare providers can implement to avoid choking:
1. Avoid the high-risk foods mentioned above.
2. Children should never be allowed to eat while running, playing, or lying down.
3. Children should be supervised while eating. Do not allow children to eat snacks in the car while you are driving.
4. If children are upset, crying, or breathing fast or are otherwise emotion do not let them eat.

To see more tips on how to prevent choking see Tips and Guidelines parents, day care centers, child care providers and babysitters can use to decrease the risk of choking.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the Consumer Product Safety Commission (CPSC), families of about 200,000 children confront injuries associated with unsafe playground areas and equipment annually; an estimated 51,000 incidents / accidents occur on home playground equipment. Most of the injuries result from falls.

Below are some basic strategies parents and other adults can use to reduce the risk of injury on home playgrounds:

1. You alone can prevent injuries from occurring. - Inspect the equipment before you allow your children to play on it and constantly supervise children while playing.
2. Make sure play areas are bordered with proper cushion. - Remember most injuries are the result of children falling from playground equipment. Equipment surrounded with shock absorbing cushion will ensure less severe injuries.
3. What should you avoid? - Play areas surrounded by concrete, asphalt, grass or dirt. Always use protective surfacing.
4. Inspect the play area. The following conditions should be removed, repaired or corrected immediately: (a) unsafe openings as these create head entrapments and increase the risk of strangulation; (b) install guard rails; (c) remove exposed moving parts of play equipment as these create the risk of pinching or crushing; (d) never wear bicycle helmets on playgrounds - helmets can get stuck in the equipment and increase the risk of strangulation; and (e) avoid dressing your children in loose clothing or clothing with strings - these types of clothing can get wrapped around a child's neck resulting in strangulation.

To read more safety tips and advice regarding playground areas see Simple safety instructions for playgrounds.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Participating in youth sports is a great way for children to learn sportsmanship and the importance of exercise. However, it must be noted that dangers and risk of injury will always be present if your child does decide to participate in athletic sports.

Here are some precautionary measures to minimize injury risks to your children and better protect them:

1. Use the appropriate equipment for the sport.
Get the proper equipment and make sure any athletic gear fits appropriately. Proper equipment for each sport will usually bear a seal of approval by the respective organizations in charge of the sport. It is also important that you take good care of any sports equipment, this will ensure the equipment's effectiveness and increase the safety for your child.

2. Check the play area.
Inspect the area where your child intends on playing. You should check for cracks, protrusions, ruts, holes, pebbles/sticks/rocks or other obstacles that can cause you child to trip, fall or sustain another type of injury.

3. An adult should always supervise the sport.
A qualified adult should always supervise the sport being played. Make sure your child joins a team whose safety precautions coincide with your own. Make sure your child's coach is experienced and has a significant knowledge in first aid.

4. Make sure your kid is ready to play.
Your child should be matched with the sport he is physically capable of playing. Your child should also know the mechanics of the sport before he or she steps out onto the field ready to play. Warming-up is an important process in participating in sports, it decreases the chance of pulling a muscle or sustaining other injuries.

To read more on this topic see Safety Tips for Children in sports.

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

The number one cause of injury-related death in New York City is motor vehicle accidents. According to annual reports released by the State of New York Department of Health, 1,535 children died in New York City, of those 445 deaths were caused by injuries and 106 were killed by motor vehicles. The overwhelming majority of children killed by motor vehicles were walking at the time they were fatally struck, the others were riding bicycles or scooters. Although New York automobile accidents seem to be the cause of injury-related death to New York City children, the state's number of deaths is relatively low when compared to the national average. In fact, New York City has just 1/3 of the transportation-related child fatalities that the nation's average has. The primary reason being that so many New Yorkers rely on public transportation. Therefore, the public transportation system in New York City keeps children safer from automobile accidents than they otherwise would be.

The New York health department also offered ways to keep the state's children safe:
1. Stronger enforcement of traffic violations.
2. Install cameras and allow the cameras to enforce the speeding laws on dangerous speeds.
3. Install convex mirrors on truck to provide better visibility.
4. Better installment of child car seats.

If you would like to read more on this report and see a statistical pie chart of the report's finding see Automobile-related injuries remain the number one cause of death to New York City children.

Automobile accidents can result in serious injury and sometimes death. Drivers should always pay attention to the road, be aware of their surroundings, keep distractions to a minimum (e.g., by avoiding cell phone use while driving) and wear safety belts. Increased driver awareness will keep children safer and, hopefully, prevent more automobile-related child fatalities from occurring.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

As parents head off to work and school this summer they leave their children in the care of daycare providers. Below is safety and health suggestion parents should look for in daycare facilities.

- Supervision:
Constant and competent supervision is a must for ensuring the safety of children. Children are inherently curious and do not always appreciate the dangerousness of their surroundings. Children have a tendency to climb on chairs or tables and put items in their mouths that they could potentially choke on. The degree of supervision may correlate with the type of activity the children are engaged in. For example, when participating in field trips or water activities, additional supervision may be required or the staff members may need to be CPR certified. Ask if the potential daycare has CPR trained staff and what plans the center implements when on a field trip.

-Maintenance of Playground Equipment and Environment:
Playground equipment may provide a fun environment but the devices themselves can be dangerous. Playground or daycare equipment should be checked daily for any broken areas or sharp edges. Play areas should also be sanitized and free of any chemicals and toxins. You should ask you potential daycare provider how the center ensures the safety of its playground equipment and overall environment.

-Sanitation and Illness:
Germ spreading is inevitable among children, therefore, daycare centers should implement illness plans for parents and staff to follow to reduce the spread of illnesses. Employees should practice regular hygiene practices such as frequent hand washing. The daycare center should also keep the furniture and other equipment clean. Inspect the surroundings of your potential daycare facility for cleanliness.

Recently, state legislatures have been making it tougher for daycare facilities to obtain licenses. As a result, the legislatures hope to make daycare centers safer havens for children. To read more on this topic see Daycare Safety Checklist for Parents.

Also, if you would like more information regarding the new stricter licensing requirements see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 30-year-old woman and 52-year-old man were arrested in Ypsilanti, Michigan after authorities found the couple pushing a baby stroller holding two young boys with containers of alcohol and a bayonet inside the stroller. A statement by police said that police were called after the woman was observed trying to remove a bicycle off of a porch at 1:30 a.m, Friday, July 2. The two boys were 1-year and 4-years-old. The officers described the weapon as a "double-edged bayonet." the children were turned over to a relative and charges are pending. To read more on this story see Drunken couple arrested, alcohol and a bayonet were found inside the couple's stroller.

Alcohol affects the portions of the brain that control judgment. A principal effect of alcohol is to slow brain activity, resulting in slurred speech, slowed reaction time, blurry or impaired vision and hazy thinking. Children should be in the care of responsible, competent adults and should never be around weapons of any sort. If you keep dangerous weapons in your home or have license to carry them, you need to ensure these weapons are completely inaccessible to children. Children are very vulnerable and adults, parents, caretakers, daycare providers, etc. have the duty to protect children from harm - constant, alert and competent supervision without impaired senses is a must.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Virginia and other states, the summer heat poses a particularly dangerous risk to children. A child left unattended in a vehicle is at risk for serious personal injuries including death from hyperthermia, heat stroke, and other causes. Parents, day care providers, teachers, bus drivers, and others should never leave a child unattended on a vehicle for any period of time. Children lack safety awareness. This is especially true for elementary school and day care children. Schools, day care centers, and summer camps should have a policy / procedure, checklist, and a check / balance system to make sure that no children is left unattended or alone in a school bus, van, or other vehicle. Setting policies and following policies will save lives. Taking shortcuts or relying on pure memory and attention can lead to serious personal injuries to children. In Richmond, Virginia, officials are investigating an incident in which a five year child was forgotten or left on the a bus. The student was supposed to be taken to Summer Hill Elementary School. It was reported that the driver as a substitute driver who failed to or forgot to check the bus when it was parked. This was a policy in place for the school district. It is great to have policies. It is also important to train drivers on these policies and for the policies to be followed. You can read more about this story at Richmond Prosecutors and Police Investigate School Bus Incident.

For other articles on this issue, see also Greensboro, North Carolina Day Care Owner Sentenced for Hyperthermia Death of Child and Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

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

Christian Jaramillo, a 27-year-old man of Danbury, Connecticut was charged with risk of injury to a child. Jaramillo was baby sitting his 5-year-old cousin when he was arrested. According to police reports, the child was found by a passer-by wandering the streets alone. Because the passer-by could not find an adult with the child, she took the 5-year-old to the police station. Police determined the child's mother was working and left the child with Jaramillo. Jaramillo was charged and released on a $1,000 bond. To read more on this story see Babysitter charged with risk of injury to a child.

Babysitters have duty to supervise and protect the children under their custody. Luckily, this child was not kidnapped or killed by a passing vehicle. Parents should select babysitters carefully. Although parents may be inclined to choose family members to watch over their children, parents should ensure their babysitter is responsible and mature. It is also wise to obtain a babysitter who is certified in CPR in the event of an emergency. Children are the most vulnerable in our society, it is our duty as adults, parents, babysitters, caretakers, daycare providers, etc. to supervise and protect children from harm.

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

Summertime in the south can be overwhelmingly hot. It is common for temperatures to reach well into the 90s with a heat index above 100 degrees. As the temperatures increase, the Louisiana Department of Social Services wanted to remind its residents of the dangers about leaving children unattended in automobiles--it can be deadly. Between 1989 and 2010, Louisiana DSS reported 16 children who have died as a result of heat stroke, otherwise known as hyperthermia.

Fourteen states have laws against leaving children unattended in vehicles, Louisiana is among them. First time offenders face a net fine up to $500 or imprisonment of up to 6 months, or both. Repeat offenders face net fines between $1000 and $5000, or jail time not less than 1 year or more than 2 years, or both. If you see a child unattended a car, contact local law enforcement authorities or 9-1-1.

The National Highway Traffic Safety Administration offers the following safety tips:

1. Teach children not to play in, on, or around vehicles.
2. Never leave a child unattended in a vehicle. Never.
3. Lock all unattended vehicles.
4. Check your vehicle before locking it. Make sure to look for sleeping children.
5. Do things to remind yourself that a child is in the vehicle; write yourself a note or place bags and other personal items in the backseat where the child is located.

To get more tips see Child Hyperthermia.

Also, if you would like to read more on hyperthermia see Hot Temperatures and Cars - Be Aware of the Dangers to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

With summer officially here, outdoor activities are on the rise. CBS news correspondent, Susan Koeppen, conducted an investigation on children usage of adult-sized, all-terrain vehicles (ATVs). The Consumer Product Safety Commission (CPSC) stated in the month of April, ATVs were the cause of 40 deaths, 12 of those deaths were children under 16-years-old. In May, 13 children under 16 were killed and the death rate is expected to increase as the summer continues.

ATVs are dangerous, they can reach speeds of more than 50 mph. For example, Kyle Rabe was killed in an ATV accident at the age of 10. Rabe's death was speculated to be caused by the ATV hitting a rut, tipping over sideways and landing on the child. Rabe started riding ATVs when he was just 3-years-old; by the age of 8, he was riding adult-sized ATVs. According to the Concerned Families, started by Kyle Rabe's mother, Sue Rabe, for ATV Safety roughly 100 children under 16-years-old are killed annually by ATVs, and 40,000 are injured. Many of these accidents involve children riding adult-sized ATVs.

The warning signs are there, but they are consistently ignored - especially by dealerships. The Government Accountability Office found 7 out of 10 dealers willing to sell adult-sized ATVs even though they knew the ATV was intended to be used by a child. During and "Early Show" investigation, 5 out of 10 dealers were willing to sell large ATVs even though the dealer was told the ATV was being bought for a 14-year-old.

The ATV industry has proposed model legislation that would require training courses, proper gear, and forbid child use of adult-sized ATVs. The training course have been made available; ATV manufacturers are now required to offer free courses through the dealership where the ATV is being bought from. To read more this topic see Dangers of ATVs.

Parents and caretakers have an obligation to protect their children. Children should not be allowed to use an adult-sized ATV without being accompanied by an adult or licensed driver. Children should be aware of the proper way to operate an ATV and take advantage of the mandatory training courses. The number of child deaths caused by ATV accidents are too high. With proper supervision and enforcement of rules and safety measures, hopefully we will see a decrease in the number of child deaths.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Telegraph.co.uk published an article recently about child booster seats to kick off child safety week in the United Kingdom. The article focused on a survey conducted by Which? magazine. Which? surveyed more than 1,000 parents of children aged between 4 and 12; these children are required by law to use a child car seat.

Here are some results of the poll:

- 17% did not use a car seat at all.
- 30% used backless booster cushions, which meet legal requirements but offer less protection than full sized car seats.
- almost 50% of children aged 4-12 are at risk of serious injury for side-on car collisions.

The chief executive of Which?, Peter Vicary-Smith stated that 30 children under the age of 12 are killed annually while traveling in vehicles; 300 children of the same age are seriously injured. Which?, a consumer magazine, has tested child car seats since 1966. The magazine reported that almost 25% of all car accidents involve a side-on collision. To read more about this topic see Child Booster Seat Survey.

Child booster seats protect children traveling in automobiles. As children get older, they may try to fight sitting in a booster seat. However, if a child is of the age and weight required by law to sit in a car seat, a parent or caretaker should make the child do so. Parents and caretakers have a duty to protect their children from harms way. Although traveling in a booster seat may not be the coolest way for a child to travel, it ensures a higher level of protection and safety to children in automobiles.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A USA Today published an interesting article about the increase of teenage vehicle accidents during the summer months. According to the National Highway Traffic Safety Admission, the period between Memorial Day and Labor Day is the deadliest for drivers ages 15-20. Traffic safety experts state that the increase in youth fatality rates during this time period is due to youths having more free time and less parental supervision, more opportunities to drive at night and relaxed curfews.

Traffic safety experts also declared that road risks are higher during nighttime. Over the course of a year, the hours from 10 p.m. to midnight are during Fridays and Saturdays are the deadliest hours for teens. However, during the summer every night is like a weekend night for young drivers.

The two main factors attributable to teen auto crashes are in experience and immaturity. Basically, during the summer teens just have more free time. Parents need to be sure to engage their children time during the summer vacation and keep them from using destructive behavior on the road. To read more about this topic see Accidents for teen drivers increase during the summer.

Parents should enforce curfews and limit teen driving as much as possible during nighttime. Reducing idle driving time, not using cell phones, and limiting distractions inside the vehicle are just some ways to young drivers can protect themselves and avoid automobile accidents. Parents need to inform their young drivers of the dangers that exist on the highway.