Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska and other States, parents rely on day care centers, babysitters, and schools to supervise their children and keep them safe. Unfortunately, in some instances, these child care providers neglect children under their care and cause serious personal injuries to children and sometimes even death. In Nebraska, a babysitter was sentenced to a prison term of up to 4 years. Pamela Johnson pleaded no contest to the charges of intentional child abuse and first degree assault on a child. Law enforcement officials and prosecutors pursued the case based on evidence that showed that the child victim had injuries consistent with Shaken Baby Syndrome. See Nebraska Babysitter Sentenced in Child Abuse Case.

Shaken Baby Syndrome is a serious condition that is caused essentially when a person shakes a baby and thereby causes brain injury to the child. When supervising, babysitting, monitoring, and / or disciplining a child, it a vital that the caregiver NEVER EVER shake the child. First, it is not an effective way to discipline a child. More importantly, it can and does cause permanent and serious personal injuries to the child.
See also Parents of Shaken Baby Syndrome - Mission to Increase Penalties for Unlicensed Day Care Centers and for Violation of Day Care Center Regulations in Washington State and Omaha Nebraska Day Care Provider Charged with Child Abuse - Shaken Baby Syndrome.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jordan Everhart, a 21 year old Idaho man, was arrested on a felony injury to a child charge. Everhart was accused of physically abusing and 18 month old child. Everhart was babysitting his girlfriend's child when the toddler was rushed to St. Lukes Regional Hospital. A rescue team rushed to the child's home, after they received a call regarding an unconscious child. Paramedics assessed the child and determined the injuries were consistent with head trauma. The child underwent surgery, however she did not survive.

There are several risk factors for child abuse, these include, parental drug and alcohol abuse, domestic violence, lack of parenting skills, mental illness, lack of parenting supports and stress. It is important to be able to recognize these risks factors and report any suspected abuse or neglect to the police or social welfare office for the State where the incident toook placer There are several agencies and programs that are available to help families that are at rick for child abuse. For more information see, Idaho Toddler Dies as a Result of Physical Abuse According to Medical Examiner.]

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Loveland, Colorado, it was reported that a man attempted to kidnap a 9 year old girl from a Wal Mart. The girl had strayed away from her family near the men's clothing area. Children often stray away from their families when visiting malls, Wal-Marts, Targets, grocery stories, and other locations. In most instances, all is well and the child eventually finds his or her family. Unfortunately and quite frightening, there are child predators out there in many communities looking for an opportunity - a brief moment - to kidnap a child. Fortunately, the 9 year old was able to escape from her captor before he was able to leave with her from Wal Mart. Many other children are not so lucky. See Girl Escapes Kidnapping Attempt at Loveland Colorado Wal-Mart.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Far too often children are subjected to abuse and corporal punishment as disciplinary measures. There are much better ways to supervise, discipline, and / or mentor a child. Furthermore, the personal injuries to a child from abuse, violence, and corporal punishment can last a lifetime. Children make mistakes and will misbehave. Adults are the same way. With children, it is well known that they have poor judgment and will do things that upset others. It is the nature of being a kid. There are no perfect kids. At some point in time, all kids misbehave in one from or another. Some misbehave more than others and some less.

It is vital that parents and child care providers serve as good role models for children. Parents should communicate clearly and firmly. It is also important that a parent is consistent with his or her words and actions. While positive child guidance and discipline is not easy, it is a better route to go than corporal punishment, abuse, neglect, and injury. See Principles of Positive Child Guidance.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, children are the unfortunate victims of abuse and neglect. Some children even die from abuse and neglect due to the abuse, neglect, and / or beatings by a family member, a boyfriend or girlfriend of a family member, a babysitter, and even other children in the household. It is certainly difficult to predict when abuse or neglect will occur if there are no prior arrests or any prior incidents of reported abuse or neglect. In Louisville, Kenucky, it was reported that a 3 year old died as a result of an alleged beating at the hands of the mother's boyfriend. Criminal charges have been filed. it should be pointed out that the criminal defendant will be entitled to the services of a Kentucky criminal defense attorney or services of the public defender's office. See Unconscious Boy Found by Local Police - Boy Was Severely Beaten.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many child safety advocates, child rights advocates, and parents are against the use of corporal punishment. Some, however, firmly believe in the use of corporal punishment. Beyond the emotional harm that results from any instance of corporal punishment, many children suffer from serious personal injuries and, in some instances, death from excessive or extreme corporal punishment. At times, parents, caregivers, teachers, babysitters, and / or others go too far to "prove a point" or to "show the child who is the boss." Corporal Punishment is an issue that is dealt with in school policies and procedures, magazines, newspapers, and, yes, in some child rearing books. Just because a book covers a topic or advocates a certain position or action does not make the book authoritative or good advice. The book titled - "To Train Up a Child" provides parents and caregivers techniques to impose corporal punishment. The book is a "how to" book in a way that can be quite dangerous to a child. When the imposition of corporal punishment is given priority to the health and safety of the child, serious personal injuries and death can and do result. There are plenty of methods and theories of child discipline that do not involve the imposition of corporal punishment. This is especially true in schools and day care centers - many of which outlaw or ban the use of corporal punishment. If there is any threat to the health, safety, and welfare of a discipline method, parents and caregivers should reconsider their actions. See Book Advocating Extreme Discipline May Be Connected to Deaths of Adopted Children.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, children continue to be the unfortunate victims of abuse and neglect at the hands of their parents, family friends, relatives, babysitters, teachers, and / or day care providers. Often times, a caregiver will present a child to an emergency room or a pediatrician and invent a story regarding how the injuries took place. When the history provided does not match the suspected mechanism of injury, state officials should be contacted to further investigate the injuries. The safety and best interests of the child are paramount to any other concerns or issues. Furthermore, a child, who is residing in a potentially abusive or neglected environment, should be removed and cared for in a safe and secure living situation.

In Ohio, it was reported that a Germantown man plead guilty to a count of child endangerment. The child, who was 5 weeks old at the time of the incident, suffered a fractured leg. See Man Who Broke Child's Leg Received Prison Sentence.

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

Hazing is an unfortunate act that still continues to take place in elementary schools, middle schools, high schools, and yes, even colleges and universities. In Quincy, Illinois, a hazing incident reportedly took place at Flinn Stadium by some Junior High / Middle School Students. The Quincy Report reported that the hazing incident involved student athletes who were the same gender and same age. Often times, students believe that an act is acceptable if it is a rite of passage. Hazing in any form should not be tolerated by school systems or law enforcement. Just because something has taken place in the past does not in any way give it legitimacy. Hazing is a crime - plain and simple. Of course, with any criminal prosecution, the case must be proven by prosecutors beyond a reasonable doubt and the intent of the criminal Defendant does play a role in the prosecution and defense of the case. The criminal Defendants are entitled to the services of a criminal defense attorney or the services of the local Public Defender's office. See Quincy Junior High Students Charged with Hazing in Illinois.

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

In Georgia and other States, children are the unfortunate victims every year of being left alone in a day care center bus or van. In hot weather States including Georgia and Florida, this can be especially dangerous due to the risks of heat exhaustion, dehydration, and hyperthermia. Even leaving a small child in a vehicle for a few minutes can lead to serious personal injuries, and, yes, even death. It was reported by the Atlanta Journal Constitution that there were more than 50 incidents of children enrolled in Georgia day care centers who were left in vehicles during a 5 year period. Temperatures climb very rapidly in a vehicle once the vehicle / air conditioning is turned off. It is known that the temperature inside a enclosed vehicle is even hotter than the temperature outside of the vehicle.

The Department of Early Care and Learning regulates and inspects Georgia day care and child care centers. Regulations should be followed but, unfortunately, often times are violated - sometimes by mistake - and - sometimes intentionally. There is a real problem with transportation of children enrolled in Georgia day care centers. In particular, children are left in day care center vans and buses. This can and does lead to serious personal injuries and, in some instances, death. See Surprising Number of Children Left in Georgia Day Care Center Vans.

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

In Massachusetts, a toddler enrolled in a day care center was found dead after being left alone in a day care center van for hours. It was quite a tragic scene and situation when the 13 month old toddler was found in the van parked in Dorchester, Massachusetts. After this most unfortunate and tragic incident, investigators and State regulators shut the day care center down. The van was marked with a sign - Gloria's Luna Family Day Care Center. See Child Found Dead in Massachusetts Day Care Center Van.

Children in day care centers are at risk for serious injury and death. In transporting children, it is important for day care centers and transportation companies to make sure that all children properly board the bus and all children properly depart the bus. A simple checklist and due diligence on the part of the day care center drivers and staff members can help avoid tragedies like the one that took place in Dorchester, Massachusetts. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Damages / Compensation, and other matters. In the Day Care Center Chapter, there is information on Day Care Center Transportation.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, there are day care center workers who unfortunately use the day care center as a location to abuse and neglect children under their care. IN Allegheny County, Pennsylvania, Matthew Keith Byars (age 26) has been accused and charged with crimes in multiple instances of abuse and neglect of children. It was reported that Byars previously worked at Tender Care Learning Center in Pennsylvania.
In particular, he was charged with the Pennsylvania crimes of unlawful contact with a minor, sexual abuse, solicitation, and indecent exposure.

In investigating and pursuing the criminal case, prosecutors gathered evidence including videos and photos from the Defendant's computer and camera. Sexual predators and child molesters often times keep evidence and memorabilia of their crimes. This, in turn, when obtained by law enforcement and prosecutors, can help secure a conviction for the crimes against children. For more information on this story - see Pennsylvania Prosecutors File More Charges Against Day Care Worker.

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

A South Los Angeles day care center operator was arrested and charged with sexually molesting her 13 year old god son. Chelsea McClelland was found having sex with her god son, in a van parked near the Santa Monica freeway. The South Los Angeles day care operator pleaded no contest to two counts of lewd act on a minor. She was sentenced to three years in prison and ordered to register a a sex offender. See Day Care Center Operator Sentenced to Prison Term in Child Care Molestation Case.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center.

When a child is injured, abused, or neglected in a California Day Care Center, there are often more question than questions for the parent doing his or her best to deal with the situation. Day care centers should be safe havens of education of a child - not a place where is child is injured or is in fear. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can receive a free book at Child Injury Book - Free Book for Parents Looking for Information.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Nampa, Idaho man, 84, pled guilty to felony child molestation of a minor. Gilbert Tobis, husband to a Nampa day care operator in Canyon County, Idaho confessed to touching three girls in a sexual way. This guilty plea was made in exchange for dropping two other counts of lewd conduct with a minor. The maximum penalty for this crime is life in prison.

All child care workers should receive a criminal background check. This should include not only a state search but on that includes all 50 states. This may not be mandated by all state agencies, but it is your right as a parent to ask about criminal background checks.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center. Check with your state regulating agency. In the State of Idaho the regulating agency is the Department of Health & Welfare Bureau of Family & Community Services. For more information on this topic see, Idaho Man Admits to Charge that he Sexually Molested Girl at Day Care Center.

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

A former Baker, Louisiana day care worker was arrested and charged with the murder of a 2 month old infant. The Baker police arrested, Ashley Rene Reifer after an autopsy revealed that 2 month old Brody Hopper died as a result of traumatic brain injury. Brody Hopper was in the care of Reifer at the Busy Bee Learning Center when this incident happened.

The Baker Police Department was dispatched to the Louisiana day care center when the child's father noticed that the child was not responding. The infant was transported to Lane Regional Medical Center in Zachary located in East Baton Rouge Louisiana where he was pronounced Dead.

According to the officials who conducted the autopsy, the 2 month old presented with multiple brain hemorrhages. There was no visible trauma to the child's skull of other areas of the body.

Riefer's attorney believes that the grand jury investigation is a "one -sided affair". He is confident that his client will be acquitted of all charges. In criminal cases, a defendant is entitled to defend himself or herself against the criminal charges through the services of a Louisiana criminal defense attorney or the services of the public defender's office. Cases involving Shaken Baby Syndrome or Traumatic Brain Injury often involve medical evidence and testimony as to the timing and mechanism of the injury.

Shaken Baby Syndrome also known as Traumatic Brain Injury is caused by direct blows to an infants head. This can happen when a infant is dropped, thrown or shaken. The leading cause of death in child abuse case in the United Stated is head injuries.

Shaken baby syndrome is preventable. Reducing the stress level of infant caregivers is key to preventing this type of child abuse. Day care centers should be licensed and insured. All day care centers should provide education and support to employees. Each state has its own regulations as to the caregiver per infant ratio. As a parent, you should request proof of a valid day care license. For more information on this topic see, Former Day Care Worker Charged in Death of Child.

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

Linda Favazza, a day care center owner in Methuen, Massachusetts faced criminal charges due to the death of a child and having an unlicensed facility.

She was sentenced to 30 days in jail after being charged with reckless endangerment in the death of two-month-old Tyler Grealish at her day care center. While the cause of death is still unknown, Favazza laid the child in a crib with an adult pillow and on his side.

Favazza was also sentenced to three years probation because she had an unlicensed day care center for eight children. Furthermore, she violated a cease and desist order issued following Grealish’s death in 2008.

Parents must be careful when signing their children up for enrollment in a Massachusetts day care center. Parents should make sure the centers are licensed, as well as have proof that all staff members are trained properly in caring for children. Simply going inside and examining the day care center can give parents many of the answers they need when trying to chose an appropriate Massachusetts Day Care Center. Asking owners the right questions like, “Are your employees properly trained in taking care of children?” can also give parents some of the answers they are looking for.

For more information on this subject, see Methuen, Massachusetts Day Care Center Provider Sentenced to Jail Term - Investigation into Death of Child.

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

Roberto Emilio Basilio and Ayinde Kadeen Woodley, both 18, and Anthony Jason Riddle and Jose Luis Sotero, both 17, were charged with battery, theft and robbery after they allegedly beat and robbed a thirteen-year-old boy at The Avenue Forsyth in Forsyth County, North Carolina. The boy was repeatedly punched and then was robbed of his Gucci backpack. The thirteen-year-old sustained cuts and abrasions in the assault, which required medical attention.

Captain Tim House with the sheriff's office said, “It sounds like a bunch of kids got together and for whatever reason, decided to make mayhem at the Avenue.”

Criminal defendants in Georgia are entitled to representation by a Georgia criminal defense attorney or the services of a public defender's office. Through a criminal investigation, evidence and statements are gathered and the case is pursued through trial and / or a plea agreement. In some cases, the charges are ultimately dismissed if the evidence is deemed insufficient to pursue the case further.

It is important for parents to be aware of the location and activities of their children. While this is difficult when dealing with teenagers, parents should repeatedly insist that their children call to let them know they are safe, regardless of the time.

Police should also increase their drive-by routine checks on certain areas at night. They should circle dangerous and suspicious areas more frequently than other areas. Increased patrolling may help lower the crime rate and keep kids safe.

For more information, see 4 accused of beating teen outside theater.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Assistant Principal, Anthony Alvarez, 40, of Arvada High School, located in Arvada, Colorado, faces charges of sexual assault on a child by a person in a position of trust. It was reported that his wife caught Alvarez having an affair with a student and forced him to turn himself in.

Alvarez allegedly met the young girl when she was in 7th grade, and he was a teacher at Everitt Middle School in Wheat Ridge. Alverez said the young girl came onto him.
He claims this was a first time encounter and has never had sex with anyone under the age of 18 before.

When interviewed, the young girl said she and Alverez had been seeing each other for the past six to eight months. The young girl said he was inappropriate numerous times at school—grabbing her chest, butt, and showing off his erection. According to the girl, Alverez gave her a ride home one day, drove into the Landmark movie theatre parking lot, and made her rub his nipples, touch herself, and rub and lick his private area. The young girl claims she was scared, left when it was over, and called her parents.

Alvarez has been an assistant principal at Arvada High School since 2008. He has been with the Jeffco Public Schools District since 2000. The school district has placed him on paid administrative leave pending the outcome of the investigation. The school district sent a letter to all parents explaining Alverez’s charges as required by the Colorado Department of Education.

Mr. Alvarez will be entitled to representation from a Colorado criminal defense attorney or the public defender's office as to these criminal charges. The criminal case will be resolved either by trial, a plea agreement, or a dismissal depending on facts of the case and the strength of the evidence on the case.

Police have seized Alvarez's computer and cell phone as part of the investigation.
At his hearing, bond was set at $5,000. If he makes bond, Alvarez will not be allowed to use the Internet or a computer, will not be allowed to contact the victim, and will not be allowed to contact anyone under the age of 18.

Unfortunately, teacher-student sexual relations occur far too frequently. Parents should keep a close eye on their children by continuously asking questions and being involved in their lives. Hopefully, by simply being aware, a parent’s intuition can reveal a secret relationship. Parents should also try to educate their children on the importance of telling a parent or other authority figure if a teacher or adult is inappropriate.

School members and employees should observe the actions of all teachers very closely. Teachers and faculty members should keep in mind that this is an everyday occurrence, and they should look for any signs alluding to a student-teacher relationship.

For more information, see Wife Discovers Asst. Principal's Affair With Student