Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Grand Forks, Minnesota, a former day care owner (Marsha Brouillet) was sentenced for child abuse charges involving a head injury to a friend's child under her care. The child required a two day hospital stay for injuries resulting in bleeding in the brain and seizures. The mother of the 4 month old child senses that something was wrong with her child and the day care center and sought medical attention for her child. Furthermore, she removed her child from the day care center. The day care owner later admitted to shaking the child without supporting his head. The parents are thankful that the injuries were not worse and they were understandably upset that the day care owner would act in such a reckless and callous manner.

Day care center owners and employees should not work in a day care center or around children if they cannot handle the cries or demands of children. Babies, infants, toddlers, and children will cry. They can also be quite demanding and unreasonable. This comes with the territory. A safe and loving haven should be provided in a day care center. You can read more about this Minnesota matter at Child Suffered Head Injury at Day Care Center.

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

In Kansas and other states, children in day care centers are often times put at risk by unsafe day care center drivers. Some of these drivers even choose to drive while under the influence of alcohol or drugs. In Witchita, Kansas, a former day care owner was charged with driving under the influence. She later pled no contest to the charges. Police were tipped off as to the owner's intoxication by day care center workers who say the owner leave with children in a day care center vehicle. The day care center workers were concerned and contacted the police. Fortunately, no children were harmed by the reckless conduct of the day care owner but her actions certainly put the children in the vehicle at risk. In addition, any other drivers / passengers, pedestrians, and bicylists in the area of the day care center owner's driving were also put at risk. You can read more about this story at Former Day Care Center Owner Guilty of DUI Charges.

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

The Alphabet Street Learning Center was the site of child abuse incidents that led to the criminal prosecution and sentencing of a former day care worker. Pamela Coleman, age 42, was sentence to a one year prison sentence. At the sentencing, Judge Coleman stated that he was concerned about the future safety of her children including the one that she was pregnant with. The child victims at the day care center suffered injuries in the form of spiral fractures. These type of fractures typically occur when a child's arm is forcefully twisted. Children should be handled with care and not with force especially in a day care center. You can read more about this story at Former Wisconsin Day Care Worker Gets Prison Sentence for Child Abuse Incidents.
See also Spiral Fracture.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other states, emergency rooms and pediatricians are called upon to treat children who suffer head injuries as a result of an ATV accident or incident. Dr. Shannon Smith is a pediatric rehabilitation doctor based in Mississippi. Dr. Smith is advocating for the passage of a law that would require helmets for children who ride ATVs (All Terrain Vehicles). You can read more about Dr. Smith's points and the dangers of ATVs at Mississippi Needs Tougher ATV Laws for the Protection of Children.

With or without a law in place, all owners of ATVs should exercise good safety measures especially when children are riding on the ATVs. Put a helmet on the child and properly supervise the use of the ATV. Just because the ATV is operated on a dirt road off of concrete does not mean that the child cannot be injured by an accident or fall off the ATV. Many serious head and brain related injuries can be avoided or lessened by the wearing of an appropriate helmet.

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

In Texas and other states throughout the nation, there is a danger in virtually every home - the bathtub. Leaving a toddler / small child unattended in a bathtub can lead to tragedy. In Houston, Texas, a 8 month old boy was left unattended for a period long enough to drown. The incident took place at approximately 5:20 p.m. While attending to some other children, the baby drowned. Parents and caregivers need to devote all their time and attention to the child in the bathtub due to the real and present danger of drowning. Since a child can drown in a very short period of time, there is no acceptable periods of inattention or lack of supervision when a child is in a bathtub. Unfortunately, many parents, who are loaded with responsibilities of work, housework, and other children, do not recognize the danger of the bathtub until it is too late. You can read more about this story at Baby Reported as Drowning Death in Houston, Texas.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the Blackhawk Area School District - Pennsylvania, a mother is upset over an incident that recently took place when her daughter was dropped off at the wrong bus stop without any supervision in the cold. Fortunately, the child did not suffer any serious personal injuries; however, the incident placed this child at risk where injuries or harm could have resulted. It appears that there was some kind of breakdown in communication or action on the part of the school, day care, and / or bus company that resulted in such a traumatic situation for this 7 year old girl and her family. While tragedy was avoided, this incident will be a good teaching point for the school, day care center, and bus company so that similar incidents are avoided in the future. You can read more about this story at Mother States that Daughter Was Dropped Off At Wrong Stop Without Any Supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Child safety starts at home. A good article was posted at the website - www.doityourself.com on the issue of child proof door locks. Unfortunately, many children are injured in the home every day. Many of these personal injuries result when a child wanders out of the home or into an area of the home where the child does not belong. Installing appropriate child proof locks can provide a toddler / child from the every day dangers that present themselves in the home. Providing child proof door locks is one step among many that a parent, caregiver, and day care owner can take to prevent injuries to children. See 6 Reasons for Having a Child Proof door Lock in Your Home.

6 Reasons for Having a Child Proof Door Lock in Your Home

Childproofing your home is an important aspect of ensuring the safety and security of your children, and a child proof door lock is a valuable asset in this context. Young children are known for their sense of adventure, and every parent must be vigilant about the possible dangers this may lead to. Enlisted below are the most important reasons for having a child proof door lock in different parts of your home.

1 – Keeps Children Away from Danger
Children love to explore their surroundings, starting at very young ages. If the front door on your home can be opened by young children, the dangers they are exposed to are immense. It is crucial that you use a child proof door lock on the front door of your home, to avoid unsupervised explorations outdoors. Ensure that all the doors to the outside of your home, such as the patio door, side doors, garage doors and windows have child proof latches and locks on them.

2 – Protects Kids from Risky Situations in the Home
Areas such as the kitchen and bathroom are dangerous for unsupervised young children. Electric shocks, drowning, burns, falls, heavy items tilting over, etc are some of the most common risks that a young child may be exposed to. When you are not around, it is prudent to keep these areas out of the access of young children. In the kitchen, appliances such as refrigerators, ovens and knives are highly dangerous. An inquisitive child may try to climb inside a large appliance and become trapped. There is also a high risk of injuries and burns, which can eliminated with a child proof door lock.

3 – Keeps Appliances and Electric Devices Away from Kids
In the office, there are several sharp objects and substances such as ink or glue, which are potentially dangerous to young children. In additions, electrical devices and cords increase the risks of fires and shocks. An unoccupied office must be secured shut with a childproof lock.

4 – Reduces Chances of Finger Injury
A child who can open a door is more at risk of jamming his fingers in between and getting seriously injured. A child proof door lock can eliminate this risk, while at the same time keeping the child safely out of dangerous territory.

5 – Provides Security and Peace of Mind
If you do not have child proof door locks in your home, you must ensure the safety of your children by closely monitoring them at all times. It can be very stressful to do this, especially when you can be easily distracted by a visitor or a phone call. Child proof door locks are a reliable means of ensuring the safety of your children, even if they are out of your sight for some time.

6 – Allows Children to Explore the Unlocked Areas in the Home
Child proof door locks also afford peace of mind to young kids, because they can freely explore the safe areas in their home. A child who is told ‘no’ too often may show an inclination to become disobedient over time.

Read more: http://www.doityourself.com/stry/6-reasons-for-having-a-child-proof-door-lock-in-your-home#ixzz0gROzPMNN

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

A young girl recently accompanied her mother to Washington Dulles airport to pick up a friend who was arriving from Argentina. A Customs and Border Protection K-9 unit dog that was undergoing training suddenly attacked the girl, knocking her over and clamping down on her pelvis. The dog refused to release, and was eventually subdued by its handler. The girl’s mother was also bitten by the dog when she tried to help her daughter. According to witnesses, the child did nothing to provoke the dog.

The child was taken to a nearby hospital and has reportedly been given twenty stitches in her torso. She has been released from the hospital and is being cared for at home. The mother was understandably upset after the attack, but doesn’t appear to have a problem with ongoing dog training efforts at the airport. She did say she believed that the handlers should take more precautions with dogs in training, such as muzzling them and keeping them away from small children.

It is a shame that an animal being trained to protect citizens attacked this young girl. She will no doubt be scarred both emotionally and physically from the attack.

Read more details about the child mauled by a customs dog at Dulles Airport at Report: Customs patrol dog attacks child at Dulles Airport.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the American Academy of Pediatrics, every five days a child dies in the United States from choking on food. That makes choking the number one cause of death for children under fourteen, although children under four are most at risk.

The group is now calling on legislators and manufacturers to put in place a system of labeling certain high-risk foods to warn parents of choking risks. It points out that there are many laws and regulations aimed at preventing children form choking on toys, but no consistent program for labeling foods that pose the same type of risk. In addition to lack of regulations, there is also no central repository for data on childhood deaths caused by choking on food. The Academy would like to see that change, as well.

Certain types of foods are more likely for kids to choke on. These foods are usually cylindrical and about the size of a child’s throat. Foods mentioned specifically included hot dogs, grapes, baby carrots, apples and peanuts. The Academy has released some tips for parents to deal with risky foods:

• Cut the food into smaller pieces so it is not the right size to block the child’s throat. This includes cutting hotdogs lengthwise and grapes into quarters.
• Don’t give small children hard to chew foods like hard candies, nuts and baby carrots.
• Keep children in an upright seated position when eating.

Read more about the American Academy of Pediatrics’ initiative to prevent childhood food choking at Labels urged for foods that can choke kids.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother’s piercing screams brought the Washington state high school wrestling championships to a sudden halt in Tacoma recently. The woman’s seventeen month old child had just slipped through a gap in the bleachers at the Tacoma Dome, and had fallen twenty to thirty feet to the concrete below.

Amazingly, when medics reached the girl behind the bleachers, they found her conscious and moving about. She was rushed to the hospital, and is reportedly doing well, though her condition was not officially released.

A spokesman for the Tacoma Dome is calling this a freak accident, saying that the dome has been in existence for over twenty five years and this is the first time an accident of this nature has taken place. Immediately after the accident, Tacoma Dome employees searched the arena for gaps and taped over several as a temporary measure until more permanent modifications can be made. Investigators are now talking to witnesses to piece together what happened. They have said they will do whatever it takes to keep such an accident from happening again.

At the same event, a person fell through a ceiling tile in a restricted area, but was not injured badly enough to require a trip to the hospital.

To find out more about this harrowing accident at the Tacoma Dome, visit Child injured in fall from Tacoma Dome bleachers.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A minivan carrying six passengers recently blew a tire while travelling on the Dan Ryan Expressway in Chicago, Illinois. The minivan spun out of control and slammed into a semi truck trailer. A nine year old girl, a thirteen year old boy, and an adult were ejected from the minivan when it crashed. None of the three were wearing a seatbelt. All three were taken to the hospital and are in critical condition.

The other passengers, two adults and a third child, were wearing seatbelts and were not ejected from the vehicle on impact. The third child was taken to the hospital as well; her condition was not released. According to Chicago police, no citations have been issued in the accident yet.

Many people feel that laws about seat belt use in cars infringe on their personal freedom, but safety belts save lives. Child seat belt and child safety seat laws exist to protect children when they are travelling in automobiles. As a driver, you are responsible to know the laws in your state for securing children, and to ensure that they are properly belted in or in a properly secured child safety seat before getting behind the wheel. Laws also exist that spell out what responsibilities adults have in regard to their own safety belts. These laws need to be followed as well.

Read more about this unfortunate accident that injured three children at 2 children, 1 adult hurt after ejection from spun-out minivan.

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

The Atlanta Journal Constitution newspaper website reported that a baby boy died while under the care of a babysitter. It appears that the baby was being cared for in an unlicensed day care center in the sitter's home. The mother and this unlicensed child care provider met through the popular website - Craigslist. While Craigslist is a wonderful tool used by millions of people, the website really does not provide for any background searches or quality assurance checks regarding day care providers or day care centers. Parents and guardians should check with local and state day care licensing authorities before entrusting the care of a child in a "day care center". You can read more about this story at Baby Dies in Sitter's Care in Unlicensed Day Care Center.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Gaffney South Carolina police officer recently pleaded guilty to child abuse charges involving the son of his former wife. Wilbert Jamison was sentenced to 90 days in jail or a fine of $500 plus one year probation with 50 hours of required community service. Mr. Jamison opted to pay the fine rather than serve the 90 day jail sentence. It was reported by a local television station that Jamison denied hitting the boy with a belt as a alleged by the boy's mother. Jamison did admit to making the boy run laps in the backyard as punishment when the boy got in trouble at school for alleged stealing. See Former Gaffney South Carolina Police Officer Pleads Guilty in Child Abuse Case.

The case did not go to a jury and it was uncertain from news reports what evidence other than testimony supported the allegations by the victim and / or the victim's mother.

It is important for parents, no matter the age, education, or profession, to take a reasonable and rational approach to child rearing and discipline. Often times, the tempers of a parent or caregiver get out of control and violence results. Parents and caregivers should give themselves a time out before a child is injured as a result of a reckless and anger driven act.

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

Fourteen year old Ke-Marice Hunt of Dallas Texas, had been terrorized by bullies at school for at least a month, ever since he started classes at Jackson Middle School. His grandmother, Robin Brooks, and mother, Lisa Brooks, taught the boy to run away if there was more than one kid after him; they did not want him getting into a fight.

So when five other boys wanted to start trouble with Ke-Marice recently, he did what his family taught him, and tried to run away from the other boys. Tragically, Ke-Marice was hit by a car as he was crossing a busy street to get away from the pack of bullies. Reportedly, one of the children who had been chasing him tried to help him after he was hit, but then ran off with the other boys.

Ke-Marice suffered a fractured spinal cord, concussion and a laceration on his ear that required eight stitches. The family plans to press criminal charges against the five bullies who chased Ke-Marice into the street. They believe that the bullies need to learn that their actions have consequences. Authorities are still trying to identify and locate the five boys involved in the chase. Read more details of this story of bullying turned criminal at Car hits teen trying to outrun 5 bullies in Oak Cliff.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, day care centers have a duty to provide for the safety. State authorities closed a Fairway day care center. It was reported that the day care center was closed to protect the safety and health of the children. A recent inspection of the child care facility revealed that the center had more children than it was licensed for. Furthermore, the inspection revealed that one of the infants was kept in a bathroom and another was found in a bedroom covered with blankets. The day care center operator can appeal this decision and will be able to defend her facility against the allegations and findings on the inspection.

Inspections by the State can and do help prevent tragedies from taking place. Unfortunately, the State is not present at every day care center - every minute of the day. It would be impossible to have such oversight. As such, many day care centers create and allow dangerous situations to be present which, in turn, put children at risk for serious personal injuries and even death. You can read more about this story involving a Kansas Day Care Center at State of Kansas Authorities Close Kansas Day Care Center.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Six year old Anastasia Bingham of Terry, Mississippi was on her way home from a friend’s house when she was attacked by an unrestrained pit bull that was kept in a doghouse behind one of the neighborhood homes. When emergency help arrived, the child was pronounced dead at the scene.

Tragically, the pit bull that attacked and killed the girl appears to be a dog belonging to a distant cousin of the family. Anastasia’s grandfather, Willie Bingham, said that the family would press charges whether the owner is a relative or not.

Hinds County, Mississippi recently made its vicious dog ordinance tougher, making it illegal for felons to own dangerous dogs and requiring that such dogs be confined at all times. Malcolm McMillin, the Hinds County Sheriff, has said that the attack is under investigation and that if any law was violated that resulted in the death of the little girl, the county would bring charges against the dog’s owners.

You can read more details of the tragic death of Anastasia Bingham at Authorities continue search for vicious pit bull.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Heavy fog had reduced visibility on Highway 15 in Dassel, Minnesota to an eighth of a mile, when a truck slammed into the back of a school bus stopped at the intersection. Seventeen Dassel-Cokato school children were on board; eight were taken to the hospital. The driver of the truck was not injured.

One of the children, eleven year old Alexis Iverson, suffered serious injuries as a result of the accident. Alexis suffered head and neck injuries and will not be able to play sports until her neck brace is removed.

Several parents of children involved in the accident have said they are unhappy with the school district’s decision to have school in spite of the poor weather. They believe that the decision put their children’s lives at risk. Other districts in the area delayed starting for two hours to let the fog clear.

Parents were also upset that they were informed that all of the injuries were minor and that the children would be fine, despite the fact that Alexis was in the ICU being treated for her injuries. The angry parents are calling for a change in school policy regarding school cancellations or late starts.

A representative for the school district has said that they will continue to make decisions on a case by case basis. Read more about the crash and its aftermath at News Child Was Hurt In Bus Crash Upsets Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A young boy is in critical condition from gun injuries he suffered in his own home. The child, whose name and age have not been released to the press, was put to bed in his parents’ bedroom one night. During the night he apparently discovered his father’s loaded firearm in the night stand. The gun went off, piercing the child’s arm and his abdomen.

The child’s father is reported to be Jared Bledsoe, who joined the Las Vegas police department last year. The Abuse and Neglect Detail of the Las Vegas Metropolitan Police Department is investigating the incident. A report will be submitted to the Clark County district attorney, who is responsible for deciding if Bledsoe will be prosecuted or not. The police department Internal Affairs Division will review the case as well.

Nevada state law requires parents to securely store firearms. Like other Nevada parents involved in similar incidents, Bledsoe could be charged with felony child endangerment or felony child abuse and negligence. Read more details about the incident at Son of police officer critical after accidentally shooting himself.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Utah Highway Patrol reported recently that a three year old child was sent to the hospital in critical condition after she was ejected from an SUV in a rollover crash. According to officers at the scene, all other passengers in the car were wearing seatbelts, and were not thrown from the car; the child in a booster seat prior to the rollover accident.

The terrible accident comes as the Utah legislature is debating a proposal to relax current child safety seat legislation. The child advocacy manager for Children’s Medical Center, Janet Brooks, says she opposes the bill. She believes that many lives will be saved by children riding in safety or booster car seats.

Provo, Utah Representative Chris Herrod introduced the bill, which relaxes child safety seat requirements for short trips. He stated that he would rather have his child ride home with a friend who did not have a child safety seat than to have his child walk home alone.

A Utah House committee has passed the bill, and it will go to the full house soon. Find out more about the proposed safety seat bill at Utah House panel favors bill relaxing child safety seat law.

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

Keilysha M. Ruiz, a three month old from Milwaukee, Wisconsin, died after spending the night in her mother’s bed with her mother and her two year old brother. Keila Torres, the child’s mother, told police that the child had seemed fine the night before. Keilysha had woken up early in the morning, but refused to take her bottle, so Ms. Torres went back to sleep. When she awoke the next morning, the infant was limp and unresponsive.

Emergency responders pronounced Keilysha dead at the scene. Ms. Torres told investigators that she had gotten up and left the children alone in the bed when the child’s father, Josue E. Ruiz Caballero entered the bedroom and saw blood coming out of the girl’s nose. Ruiz Caballero did not corroborate Ms. Torres’ story, saying that he was awaked by Ms. Torres screaming that something had happened to the infant.

The Milwaukee medical examiner’s office has not yet confirmed the cause of death. Co-sleeping, or “the family bed” is the practice of sleeping in the same bed with a child. Co-sleeping can put babies at risk for suffocation or other serious injuries. While the cause of death in this case is under investigation, parents and caregivers should be aware of the risks caused by co-sleeping or the family bed. Read more details of the story at Infant girl dies after sharing bed.