Child Injury Lawyer Blog

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 George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Starting December 2012, all Tennessee day care centers must have new cribs with greater safety standards. The old cribs with the drop-side railings that have been proved deadly for babies in rare instances will be no longer acceptable; this type of crib was associated with 32 infant suffocation and strangulation deaths since 2000.

Although the old cribs will be allowed in child care centers for another year and a half, some Tennessee day care centers are not waiting for inspectors from the Tennessee Department of Human Services to demand the upgrade. Lesley Hosford, owner of seven child care centers in Williamson County has already arranged for her first delivery of the new cribs in two weeks. The new cribs that were manufactured according to stricter guidelines established by the U.S. Consumer Product Safety Commission became available June 28.

The assistant commissioner for the State of Tennessee - Department of Human Services, Robert L. Matthews, said the agency will notify every Tennessee child care center in the state via email about the new requirements. The agency’s staff will also inform the centers about the new changes during yearly site visits. Matthews also said that the new requirements are going to be costly for child care centers across the state. Costs for the new cribs range between $200 and $900 at USA Baby & Kids in Franklin. For more information on this topic, see TN prepares for more stricter crib rules at child care centers.

By David Wolf, Attorney Published by Child Injury Lawyer Network

Energy drinks are beverages that are marketed as products that they "boost energy." These advertisements usually do not emphasize energy derived from the sugar they contain but rather increased energy release due to a variety of stimulants and vitamins. A new study said that energy drinks such as Red Bull, AMP and Rockstar have no health value and may even harm some children and teens.

Dr. Steven E. Lipshultz, co-author of the study published in the journal Pediatrics, said that the highly popular, yet caffeinated drinks are especially risky for children with heart abnormalities, attention-deficit hyperactivity order (ADHD) or other health or emotional problems. He said the energy drinks are a set of products that have no therapeutic benefits and are totally unregulated.

A survey suggested that 30 percent to 50 percent of teenagers and young people in the United States consume energy drinks, despite safety warnings. In addition, the researchers say that many users mix the energy drinks with alcohol, which can increase the risk for ill effects. And even without alcohol, the drinks still can be a danger.

Redbull officials said in a statement, “The effects of caffeine are well-known, and as an 8.4-ounce can of Red Bull contains about the same amount of caffeine as a cup of coffee [80 mg], it should be treated accordingly." However, according to Lipshultz, the drinks are consumed differently and faster. He said “You might take a couple at a time; it's unusual to take a hot cup of coffee and rapidly ingest multiple cups. It's a little bit different."

The FDA currently limits caffeine drinks to 71 mg per 12-ounce serving, but authors of the study noted that energy drink makers get around the rule by labeling their products “natural.”
For more informatoin on this topic, see the dangers of energy drinks.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There was a recent press release of an App for iPhones and Smart Phones called Phone Sheriff. It allows parents to monitor the calls, text messages, and GPS location of a child / teen who uses an iPhone or Smart Phone. The Press Release states that the product or App is "stealth" meaning that the child / teen user of the phone will not know that mom and dad are watching. See PhoneSheriff Allows Parents to Control Child Phone Activities and Track GPS Location.

Software and technology like "Phone Sheriff" can help protect a child / teen. It can also provide some peace of mind for parents. It is a privilege to have a mobile phone. With this privilege comes responsibility. Some parents will use this service to help monitor and protect their children. Undoubtedly, many parents will refrain from telling the child that he or she is being monitored or supervised while using the phone with "Phone Sheriff". Others may very well tell the child about the program and the capabilities.

One approach that parents may consider is to tell the teens that they are being watched and monitored from time to time. For instance, at certain businesses, employees are told that they are being monitored on the computer and the misuse of the computer for personal use, pornography, sex, and / or crimes will be a basis for dismissal. While a parent cannot fire or terminate a child for misbehaving, a parent can intervene and punish the child in some form if the phone is misused or used in a way that was prohibited by the parent.

There is certainly a safety component to such technology. For instance if a child is lost or abducted, the phone may provide key evidence and information to tracking and locating the child. Furthermore, if the child is the target or victim of a predator, the tracking of the phone and its information may provide key information to both parents and law enforcement. Furthermore, monitoring may prevent a child from being tricked or fooled by a predator to do certain things or get into an unsafe situation.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

How old should a child be for placement in a front facing car seat? How long should a child be kept in a rear facing car seat? These are excellent questions. Research and study of children in automobile accidents over the years has led pediatricians to issue the recommendation that children ride in rear facing seats until the age of 2. This recommendation came from the American Academy of Pediatrics. It was reported that children under the age of 2 have a decreased probability of injury if they are placed in a rear facing seat. Unfortunately, car accidents are the primary or leading cause of death of children over the age of four. It is estimated that approximately 1500 children under the age of 16 die in automobile accidents every year in the United States.

According to Dennis Durbin, a pediatrician based at Children's Hospital of Philadelphia Center for Injury Research and Prevention, rear facing child car seats do a better job of supporting the spine, neck, and head in an automobile accident. For more information about the study of child injuries in automobile accidents and the recommendations of pediatricians, see Children should ride in rear-facing car seats until age 2.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In what may be the first study to analyze data concerning nonfatal crib-related personal injuries in children younger than 2-years-old, the amount of child personal injuries was alarming to researchers. The study was published in the journal Pediatrics and analyzed data for 181,654 injuries related to cribs, playpen and bassinets from 1990 through 2008. The study revealed that dozens are children are personally injured daily as a result of falling from their cribs. In 9 of 10 cases the child was alone when the fall occurred and most injuries were sustained to the head and neck of the child. Of those children injured, 2,140 children (1.2%) died, usually as a result of becoming trapped or wedged in the crib. One method of prevention is to adjust the height of the crib's mattress as babies start to grow and are able to pull themselves up and out of the crib. However, even the most alert caregivers can be caught off guard. According to Dr. Gary A. Smith, director of the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio, children are not standing one day and the next they are taking off, thus catching parents by surprise. Crib safety awareness has increased due to the recent nationwide ban on drop-side cribs. Starting in June 2011, new mandatory safety standards go into effect for cribs. For more read Cribs prove to be dangerous and fatal for babies and children.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The California Highway Patrol (CHP), Department of Motor Vehicles (DMV) and Child Doula Services have come together to conduct monthly inspections for child passenger safety. According to CHP Officer Paul Dahlen the goal is to educate not enforce. Hopefully educating those drivers with child passengers will reduce child personal injury and child death statewide. Properly installing child safety seats is a state-wide issue. Dahlen stated that 90 percent of inspected car seats are improperly installed. Proper installation of child safety seats is important because it can reduce the chance of a child being ejected from the vehicle during a crash, as well as decrease a child's chance of sustaining severe personal injuries or being killed. Under the current California law, children must be secured in an appropriate child passenger restraint (either car or booster seat) until the child is at least 6-years-old or weighs 60 pounds or more. The current fine for violating this law can be significant, 435 plus add points to an individual's driving records. For more on this topic please see California officials to inspect child safety seats.

Most states have laws for child passenger restraints that are governed by both a child's weight and height. Proper fitting and installing of a child safety seat can prevent your child from sustaining serious, critical and severe personal injuries.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

According to authorities, seven middle school students in San Francisco, California, were taken to the hospital after they ingested rat poison, which they mistakenly took for candy. The incident occurred at Martin Luther King Jr. Academic Middle school. A student told a parent about ingesting a blue cube found atop of filing a cabinet. A teacher later contacted poison control. Although the students showed no symptoms, they were taken to the hospitals for precautionary reasons. School officials say the incident is under investigation. To read more on this story please see Middle school students taken to hospital after ingesting rat poison mistaken for candy.

Children are inherently curious and do not always understand the dangers of their surroundings. It is an adult's and other responsible person's responsibility to lock away all poisons or other toxic chemicals - this is applies to the home as well as day care centers and schools. It is common for children to ingest cleaning products or other toxic chemicals because of brightly colored packing and designs. To read more on poison control around the home, school and day care facility please read Dishwashing Detergent Capsules Pose Risk for Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents how now heard about the recall on drop-side cribs. If not, drop-side cribs were deemed unsafe by the Consumer Product Safety Commission and voted unanimously to ban them. It is estimated that it will take almost $600 million dollars to replace the cribs. Although the ban is effective immediately against retailers who are no longer allowed the sell the cribs, the ban is not effective immediately against everyone. What most parents are probably unaware of is that the agency is giving day care centers and hotels 2 years to replace the cribs. The agency views many day care facilities as small businesses and therefore wants to give the businesses an adequate amount of time to produce the money in order to purchase new cribs. (As a side note, the average day care replaces their cribs every 10 years!) Now, some cribs have stood the test of time and were used for multiple children in families. However, those families properly maintained the cribs as well as did quality work if the crib needed to be fixed. This cannot necessarily be vouched for at hotel daycares and other day care facilities. Therefore, it is important parents to ask questions about the cribs at day cares: How old are the cribs being used? Is the crib a dropside crib? When were the cribs last replaced? These are all pertinent and perhaps life-saving questions for your infant or toddler. If you would like to read more on this topic please see What crib day your day care used? Has is been recalled? Are the Cribs at Your Daycare on the Recall List?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Due to safety concerns, Fisher Price is recalling more than 10 million toys and high chairs in the United States and Canada. According to the U.S. Consumer Product Safety Commission (CPSC), two of the recalled products involved injuries. A majority of the items being recalled is the Fisher-Price Trikes and Tough Trikes toddler tricycles; a total of 7 million were recalled, 150,000 of those being in Canada. The CPSC is aware of 10 reported child personal injuries caused by this toy, 6 of which required medical attention. The problem with the strikes seems to be a protruding plastic key near the seat that children can strike, sit or fall on, leading to injuries that can cause genital bleeding.

Another item recalled as the following: Fisher-Price Healthy Care, Easy Clean and Close to Me High Chairs; more than 1 million were recalled. The CPSC is aware of 14 reported injuries caused by the high chairs, 7 of which required stitches. The high chairs have pegs on the back of them, which are used for storage purposes, however, children are falling on the pegs resulting in cuts and other injuries.

Two other Fisher-Price toys were recalled:
1. Baby Playzone Crawl & Cruise Playground toys; more than 2.8 million were recalled.
2. Fisher-Price Little People Wheelies Stand'n Play Rampway toys; about 100,000 were recalled.
If you would like to read more on the recall and see a complete list of all the toys recalled please see Fisher-Price recalls more than 10 million of its toys in the United States and Canada.

Inez Tenenbaum, CPSC Chairman, stressed that manufacturers of these toys need to emphasize safety into their products before these product reach the shelves of retail stores. Parents should also take the time to read and become familiar with all the toys recalled. The other toys recalled posed choking hazards to children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Baja Motorsports, a Phoenix-based company, recently recalled 308,000 mini bikes and go-carts after a child was seriously burned. According to the Consumer Product Safety Commission (CPSC), the gas caps on the Chinese-made vehicles can detach or leak, posing a fire hazard. Also, there is a problem with the vehicles' throttle; it can get stuck causing the vehicles to unexpectedly accelerate.

Baja Motorsports received 9 previous reports of detached or leaking gas caps, including one that led to a child being seriously burned. The company also received 25 reports of stuck throttles, which led to injuries to the face and body.

The go-carts and mini bikes were sold by various retailers nationwide as well as online retailers.
If you would like to read more on this story, see a list of online retailers and get a contact number to receive a free gas cap or repair see Over 300,000 mini bikes and go-carts recalled.

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

In Oklahoma and other States, the summer months present real dangers to children. Leaving a child in a vehicle unattended can lead to tragic and deadly consequences. In Meeker, Oklahoma, a toddler died after being mistakenly left in a hot vehicle during the day. Even a few minutes in a hot car can lead to serious personal injuries and even wrongful death. It was reported that a 2 year old girl died in a hot car after being left in the vehicle during the day. The medical examiner later determined that the cause of death was hyperthermia. The death of this little girl is certainly a great loss for her family, neighbors, and community. See Meeker Oklahoma - 2 Year Old Dies in Hot Car. See also Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Toddlers are at risk for choking incidents in homes and day care centers. Due to this real danger, parents, babysitters, teachers, day care providers, and child care workers should take precautions to remove items from the reach of children that may lead to a choking incident. Parents and caregivers should be super diligent in monitoring what a child eats, what is within reach of a child, and what toys are available and appropriate for a child. It is estimated that approximately 2.5 million children in the United States experience some type of choking episode or incident every year after consuming or swallowing a foreign object. Of these, medical researchers estimate that 2,000 deaths result every year. This is a staggering number considering that many such incidents are avoidable with proper supervision, consistency, and some common sense. One suggestion from medical experts is to do a "Toilet Paper Tube Test." If an item can fit through a toilet paper tube, it is too small to be left within the reach of a child. Safety precautions and solid supervision can help prevent many choking incidents from taking place. This would certainly reduce the number of associated choking personal injuries to children. You can read more at Doctors Warn of Choking Hazards to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States and other countries like Ireland, driveway accidents or back over accidents continue to be a problem and a serious danger to small children and toddlers. A doctor in Ireland is trying to raise awareness of this problem and has offered a solution of sorts through a campaign called "Spot a Tot". One suggestion is to walk around the vehicle and check for any children in the area prior to getting in the car to back up out of the driveway. Drive way or back over accidents happen because a child, due to the child's height and size, is hidden from the view of the driver as the driver is backing up. There have been a number of drive way or back over accidents leading to serious child personal injuries and even death. Take the time to "Spot a Tot". A few extra seconds of safety can save a child from serious injuries and can even safe a life. See Drive Way / Back Over Accidents - Danger to Children - "Spot a Tot" Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, caregivers, day care providers, teachers, babysitters, siblings, and other should pay attention to some simple but important advice - NEVER EVER SHAKEN A BABY. Babies and infants are very fragile. There brains and skulls are still developing. A person would not typically throw a television or glass to the floor. As such, why shake a baby? A television or glass can be replaced. A baby's brain function, health, and welfare are not as easily fixed or replaced. Severe medical complications can and do result from Shaken Baby Syndrome. You can read more about this topic at Never, Never Shake a Baby. See also Shaken Baby Syndrome - Texas Man Alleged to Have Caused Injuries to Child.

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

In Massachusetts, child safety advocates are trying to get tougher or more restrictive All Terrain Vehicle (ATV) legislation put in place. Currently, Massachusetts laws allows a child 10 years of age and older to ride on an ATV with adult supervision. Proposed legislation would raise the age in Massachusetts to 14 and older. Katie Kearney is a mother and a proponent of such legislation. Her son died following an ATV accident in 2006 after he suffered serious traumatic brain injuries. He was riding the ATV at a friend's house.

Dr. Lois Lee, the director of Children's Hospital Boston - Emergency Department Injury Prevention Program, points out that there is a substantial risk of injury and even death to children who ride on All Terrain Vehicles (ATVs). Statistics show that
injuries there were 900 child personal injuries reported between 2004 - 2005 in Massachusetts. Approximately a quarter of these injuries required treatment in intensive care for serious personal injuries. Some even had serious traumatic brain injuries.

Yes, ATVs are fun but they are truly dangerous vehicles especially for children. You can read more about this story at Families Pushes for Tougher ATV Legislation in Massachusetts.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, day care workers cannot withhold food or meals to children as a means of punishment or discipline. At the Middle Bucks Institute of Technology, two teachers were terminated from their day care positions at the day care center for withhold food or meals from a toddler. It was reported that the workers withheld the food because the toddler refused to clean up as instructed. The day care center reported this incident to the Pennsylvania Department of Welfare. It is important for day care and child care workers to follow the laws, procedures, and guidelines set forth by Pennsylvania law. The fact that there were no serious injuries that resulted from the conduct of the day care workers does not justify their actions. You can read more about this story at Pennsylvania Day Care Workers Dismissed from Their Positions.

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

The Food and Drug Administration is considering the possibility of putting a tanning bed ban in place for children under the age of 18. Medical experts argue that there are known dangers from ultraviolet light and tanning beds. Skin cancer is a big concern for health experts. Teens often times do not understand or appreciate the risks of tanning beds or overexposure to the sun. It is important for teens and parents alike to understand these dangers and take precautions against the risk of overexposure which can and does lead to health problems like skin cancer. You can read more about these issues at FDA Considering Ban on Tanning Beds for Those Under 18 Years of Age.

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

In East Bridgeater, Massachusetts, homeowners are assessing the damages after a party left their home and possessions in partial ruin after a teenage party went bad and violent. While the homeowners were out of town, the homeowners' 18 year old son was encouraged to have a party. Once word of the party spread through Facebook, the party swelled in numbers and destruction. Doors were kicked in, furniture was ruined, and people (for whatever reason) urinated in all parts of the house. A police investigation ensued and arrests were made.

While parties of this nature certainly existed prior to the age of the Internet and Facebook, it seems that Facebook and Social Media sometimes aggravate an already bad situation. It is uncertain how many people learned of the party and the out of town parents through Facebook and Social Media.

This case and incident should be a good teaching tool for parents, children, and any others using Facebook. There are all kinds of people on Facebook. Beware and be careful anytime you are using Social Media. You can see the aftermath of this party gone bad at Teens Arrested After House Party in East Bridgewater, Massachusetts.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Toys can provide a child with hours of fun play time. Toys can also present a choking or health hazard for children. Fisher Price is a major toy manufacturer and distributed. "Little People" has been a big success for the toy company for many years. Health Canada is advising parents to go through toy rooms and boxes to see if any pre-1991 "Little People" are located. The toys pre-1991 were and are small enough to create a serious choking hazard for small children. An article posted at The Vancouver Sun provides more details and a photograph comparing the older "Little People" versus the new and definitely improved "Little People". The post 1991 "Little People" have a wider base and certainly would be more difficult to impossible for a child to swallow.

It is also important to note that supervision by a parent, care giver, or day care worker is also helpful in reducing the incident of choking and other incidents that take place during play time.