Child Injury Lawyer Blog

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.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Consumer Product Safety Commission has issued a warning and recall notice for roman shades sold by Ethan Allen Design Centers under the Ethan Allen brand name. The recall involves over 150,000 shades, which are said to pose a strangulation threat if a child places his or her neck between the inner cord and the fabric back of the shade, or if the child wraps the inner cord or exposed loop around his or her neck.

The recall is for all styles and sizes of roman shades, which were custom, made-to-order shades priced between four hundred and a thousand dollars. The shades were made in a wide variety of colors, sizes and fabrics, and bear no markings indicating that they are Ethan Allen brand shades. Affected shades were sold at the stores from 1999 through December 2009.

Parents who have installed these shades in their homes should remove the shades from use immediately and contact the store where the shades were purchased to request a free repair kit. Many children have become entangled in the chords, and three children have been killed.

The United States Consumer Product Safety Commission would like to remind all consumers to carefully inspect any shades in their home to be sure that there are no exposed cords or inner cords. If such cords are found and children are likely to be present in the home, the shades should be replaced immediately.

See product pictures and get Ethan Allen recall contact information at the CPSC website: Risk of Strangulation Prompts Recall to Repair Roman Shades by Ethan Allen.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents dread the first day of summer almost as much as their children look forward to it. What to do with antsy kids for three months over the summer? Now is the time to start thinking about summer camp. The good ones fill up their rosters quickly. The following are some tips for narrowing down your choices.

1. Talk to your children: Find out from them what kind of camp they would be interested in attending so they can get the most out of it.
2. Stay organized: Once you know what type of camp you are looking for, make a list of available options. Keeping all the details in a neat list will help make the decision process easier.
3. Watch the budget: Make sure to pick a camp that is in a comfortable price range for you. Some camps offer financial assistance, so be sure to ask.
4. Day camp or Sleep-away? Before deciding, honestly assess whether your child is mature enough to handle a sleep-away camp, or if a day camp would be a better choice.
5. Make it work for your schedule: Make sure the pick-up and drop off times work with your work schedule. Finding other parents who can share carpooling duty can help as well.
6. Talk to the director: Getting a feel for the philosophy of the camp is important. Ask to speak to the director and find out what the camp values are.
7. Check into the staff; While you have the director on the phone, find out how they screen and train counselors and arrange to meet with them if it will make you feel more comfortable.
8. Ask about medical services: Many camps require staff to be trained in CPR and first aid, but don’t assume – ask.

Read more tips for making sure your kids are safe and happy at summer camp by visiting Summer Camps: Tips for picking the best camp for your kid.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A startling statistic is that death rates are twice as high in homes without working fire alarms. SAFE Kids USA reports that over one hundred thousand kids are hurt every year in the US in fire and burn incidents. These incidents are also the the third leading cause of death for children under fourteen years old. In sixty six percent of the cases where a child was injured or died from a residential fire, the fire alarms either weren't working or were simply never installed. Remarkably, statistics show that a working fire alarm reduces your chances of dying in a fire by fifty percent.

Making sure that the fire alarms in your home are working is incredibly simple and inexpensive to do. A Nebraska Fire Department spokesperson offered the following tips for making sure your home’s fire alarms are in working order:

• Fire alarms that are older than ten years old should be replaced.
• Batteries should be replaced twice a year, don’t wait for them to start chirping: pick a set of dates you are likely to remember and put them on your calendar.
• If your fire alarm does start chirping, DO NOT simply turn it off and plan to replace the battery “later.” Go to the store immediately and replace the battery right away.
• Consider installing hard-wired alarms, which are more reliable.
• Take extra care with cigarettes, home cooking equipment and space heaters.

Find out more ways to protect your child from fire and burn injuries at Change your clock, check your batteries.

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

Douglas Cronberger of rural Norene, Tennessee thought he heard a prowler enter his home during the night. He got up to check it out, bringing his .380 caliber handgun with him. He thought the gun was unloaded. After checking the house and not finding anyone, he set the gun on the end table in the living room and forgot about it, then later went back to bed.

Sometime during the night, his three year old step-daughter, Cheyenne Alexis McKeehan, woke up and went out into the living room. She picked up the pistol and fatally shot herself in the abdomen. Police believe that the girl thought the gun was the remote for her Nintendo Wii video game, which was also kept in the living room and looks remarkably like a real gun. The girl had been playing the video game for several days before the incident occurred.

The child’s mother, Tina Ann CronBerger, was asleep in the house when the accident took place. Terry Ashe, the Wilson County Sheriff, is saddened by this tragic accident, but is working hard to get out the message that everyone needs to secure their firearms, especially those who have children of any age in the house.

Read more details of this tragic accident at 3-year-old fatally shoots herself after mixing up wii game with real pistol.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Governor Ritter of Colorado was recently in a bicycle accident that caused several broken ribs. After his own experience with a bicycle injury, he is throwing extra support behind a bill that would require Colorado kids from ages two to seventeen to wear a safety helmet when riding a bike, roller blades, or skate board.

The bill has already passed the House, but is drawing criticism from those who say that the government is taking on too much responsibility that should go to parents. Chris Brown, the owner of Brown’s Cycles, said that he believes strongly that kids should wear helmets when biking or blading, but does not want the government getting involved. He went on to say that the consequences of the proposed law are “ridiculous bureaucracy;” a police officer is supposed to stop the child, issue a ticket and give him a pamphlet explaining the dangers of riding without a helmet.

One of Brown’s employees, who himself suffered a head injury in a bicycle accident, summed it up nicely, saying “your child’s life is worth 35 dollars for a helmet.” The bill will now go to the Senate for a vote before it can become law.

Read more about pending legislation in Colorado that would require minors to wear bike helmets at Ritter Supports New Helmet Bill after Accident.

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

Two year old Olivia Raspanti choked on a carrot and died last year while attending the Carousel Day School in Hicksville, New York. Olivia apparently took the carrot from a teacher’s bag and tried to eat it. She choked and was taken to the hospital where she later died.

Eugene Formica, the daycare center’s owner, and Kathryn Cordaro, the manager, were both arrested, and pleaded not guilty to several charges, including misdemeanor charges of second-degree reckless endangerment, misrepresentation by a day care provider and not having a required license and a felony charge of reckless assault of a child by a day care provider. The Carousel Day School faces the same charges and may be fined up to $25,000.

This past week, Nassau County, New York prosecutors announced that the pair had been indicted by the grand jury. The felony charge could result in a prison sentence of up to four years, while each misdemeanor has a maximum one year sentence. Formica and Ms. Cordaro’s attorneys called the indictment “unwarranted” and “preposterous.” The teacher from whose bag the carrot was taken was given immunity to testify against the pair in court.

Authorities reported that the school lacked a license to run a daycare center for children under thirty three months of age and that it had unsafe conditions. They further charge that Cordaro didn’t do all she could to save the child’s life, in spite of the fact that the Nassau County Child Protective Services called the death a “tragic accident.”

Lisa and Anthony Raspanti, Olivia’s parents, are suing the daycare center. Read more about this case at Owner, manager of school where girl choked indicted.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You might be surprised to find out that in everyday life, commonplace items or activities are much more likely to be dangerous or even fatal than the alarming accidents we hear about on the news each night. Unfortunately, people are much more likely to use caution when they are in a situation they perceive as being dangerous than they are when doing normal activities. But 1 million Americans are seriously injured in their own kitchens every year – and that is only one room in the house.

An example that parents should be especially aware of is the teddy bear. Which is more dangerous – a teddy bear or a real bear? In the last eighty nine years, eighty two Americans have been killed in bear attacks. Teddy bears and other toys account for twenty two deaths each year, and nearly one hundred and fifty thousand injuries. Most of these deaths and injuries happen to children. The most common teddy bear hazard is the small parts that can fall off and become choking hazards, like their glass eyes. Teddy bears are also tripping hazards. Tripping and falling can cause no harm at all or can result in death, if the child trips and falls down a flight of stairs or hits his or her head on the sharp corner of a coffee table.

So while you should use caution while hiking in the woods with your children, it is even more important to make sure that their toys are age-appropriate, that they are picked up and put away after use, and that they don’t have any small parts that can break off.

Read about more everyday, little known hazards at Dangers Of The Commonplace.

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

In Virginia, families of children with autism had succeeded in getting a new bill into the House that would have required many health insurance providers to cover a treatment called “applied behavioral analysis.” But businesses and insurance companies claimed that the costs of the bill would hurt business interests in the state.

Despite the fact that an actuary who studied the financial implications of the bill reported that it would only increase insurance costs by .2% across the state, the bill did not make it out of the Virginia House Commerce and Labor subcommittee. The families in favor of the bill blamed heavy lobbying by the insurance industry for the failure of the bill to reach the House floor. Legislators pointed out that many businesses are already at the breaking point financially and that adding costs will only make things worse.

Applied behavioral analysis is considered by many autism specialists to be the best hope for autistic children to lead normal lives. But the treatment can cost thirty thousand dollars a year or more; a sum that is out of reach for most middle class families. Virginia is one of thirty five states in the US that do not require insurance companies to pay for the treatment.

Find out more about the failure of the proposed autism insurance mandate in Virginia at Va. Panel Kills Autism Treatment Coverage Mandate.

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.