Child Injury Lawyer Blog

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

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

“Parents can never be too careful when it comes to leaving their child in the hands of any child care provider, whether it is a day care provider or a home care provider,” CPS spokeswoman Shari Pulliam said.

The Child Care Licensing Division of the Texas Department of Family and Protective Services, which sets and enforces minimum standards and rules to ensure the health and safety of the children, regulates both day care providers and home care providers.

Pulliam said that while unregulated child-care might be convenient and cheap, it is not the way to go. Unregulated day cares mean no inspections, no training, no enforcement of basic health and safety standards, and no records.

Furthermore, the director of Lufkin’s Comfort and Joy Preschool, Libby Wojasinski, said parents should know the difference between “listed, registered, and licensed child care providers” before choosing a day care center fit for their child.

Listed home and childcare centers for one to three unrelated children must submit an application and pass background checks. They are not inspected unless a report is filed claiming abuse or neglect.

Registered home and childcare providers for 12 children or more must meet training requirements and pass background checks. They are inspected every one to three years.

Larger licensed home and childcare centers must conduct orientation, regular training, and publish standards and inspections every five to 12 months.

The CPS website lists all Texas home and childcare provider information. Anyone can insert their zip code and research the day care center of their choice. When researching a day care center be sure to separate minor infractions from serious infractions. For instance, not having tweezers in a first aid kit might not be that much of a problem.

Wojasinski also recommends talking to other parents for information about childcare services. In addition, she says parents should walk in the actual day care centers, look around, and observe the atmosphere of the place. “Is it clean, organized, happy?” Are kids playing, interacting, and learning?

Last year, 1,800 reports of abuse or neglect were reported in the state of Texas alone. Out of these 1,800 reports, adverse action was taken in 524 cases. With so many childcare centers being reported for abuse or neglect, it is important for parents to research the childcare centers prior to sending their children there.

For more information, see CPS reminding parents to do their child care homework.

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

Weare Day Care Center, located in New Hampshire, is being investigated after reports of the owner belittling the children, using physical force against them, and swearing in front of them. Prior to this investigation, Country Kids Childcare was shut down following a visit from New Hampshire government inspectors. The State of New Hampshire was investigating a complaint that children were being mistreated, while also conducting a routine licensing renewal.

Under the state law of New Hampshire, childcare personnel are prohibited corporal punishment or yell at children. State officials report that they received a complaint that the owner, Lynn Crevoiserat, placed a child in a headlock and “dragged the child across the room to a timeout area while angrily yelling and screaming at the child.”

Following the complaint, investigators interviewed four staff members and three children. A five-year-old said she had seen Crevoiserat grab as many as three children by their arms and hands very tightly. An employee also said, with tears in her eyes, that she had seen red marks on the children in the areas where the owner had grabbed them. She also said she heard Crevoiserat use profanity in front of the children, specifically saying, "I'm so (expletive) mad at you right now, you don't even (expletive) know." Other children also told investigators about extended timeouts, some as long as 20 minutes.

Day care providers have a responsibility to supervise and monitor children in a supportive child care environment . Abuse, even in its lightest form, is intolerable. If other employees witness abuse of any kind, they have a duty to report it. Parents should continually ask their children about their days at childcare. In addition, they should keep a keen eye on the people who look after their children, looking for any signs of mistreatment or abuse.

For more information, see State Investigates Complaints At Weare Day Care: Owner Accused Of Using Force, Profanity.

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

Alisha Schlagenhauser, a 27-year-old woman, was charged with assaulting an autistic child in Wildwater Kingdom in Aurora, Ohio. Witnesses said Schlagenhauser was drunk when she was seen yelling and hitting the child. She was also seen dragging him by his harness through the park so forcefully that she caused him injury.

Schlagenhauser was also caring for the child’s 7-year-old brother along with two other children when the alleged abuse occurred. Law enforcement officers interviewed Schlagenhauser who purportedly admitted to drinking tequila and beer at the water park. Cops also found marijuana and a pipe on Schlagenhauser. She is being charged with child endangering, drug possession, and assault.

It is important for parents to ensure their children are being cared for by responsible and trustworthy people. Parents must closely observe the behaviors and actions of the people they entrust to care for their children. If there is ever any sign of abuse or alcohol or drug related activities, parents should terminate the employment of these caretakers and find a more responsible person to care for and supervise their children.

For more information, see Drunk babysitter charged after assaulting four-year-old autistic boy at water park.

By Sctott Zahler & David Wolf, Attorney
Published by Child Injury Lawyer Network

Angeles Westmorland, a teacher at a day care teacher in Paulding County, Georgia, was charged with battery after she allegedly bruised and scratched a 5-year-old boy all over his body.

Westmorland was released on a $1,000 bond, and no longer works at the Georgia day care center. Investigators are now looking for more victims. According to Sgt. Brandon Gurley from the Paulding County Sheriff's Department, the Crimes Against Children Unit has been contacted for similar cases. Bright from the Start, which gives day care centers in Georgia a license to operate, is now investigating as well.

The boy’s mother, April Nations, said that this was only her son’s third day at the center. She is convinced there must be other victims considering this happened so soon to his arrival. Nations, the boy’s mother, said that Westmorland told her child not to tell anyone what she did to him.

The question now is: how many other children were told not to tell? It is too often that day care centers abuse or neglect the children that they have a duty to supervise and protect. It is also important for day care centers to evaluate their staff on a daily basis. Staff members should be monitored on a consistent basis. Parents should also educate their children on the importance of telling someone if someone is hurting them.

For more information on this subject, see 5-year-old child abused in day care center in Paulding County, GA.

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

An unfortunate incident recently took place at the University of Cincinnati (Ohio). It was reported that Everette Howard, an 18 year old student, died as a result of injuries sustained by a Taser gun used by campus police. It was reported that Everette was attempting to break up a fight at the time. It is expected that a full investigation will be completed and then be summarized in a written report since a death resulted from this incident. There appeared to be several witnesses to the incident. The use of force by a police officer is permitted under certain circumstances. In particular, if the health safety and welfare of the police office and / or others are put at risks - force is often times utilized. There are particular policies and procedures in place for each police department as to the use of force including the use of Taser guns. The incident will be reviewed to determine if protocols and criteria were met with respect to the facts and circumstances of this incident.

While Taser guns are typically a less dangerous alternative to the use of a gun, there are still serious personal injuries and even deaths that result from the use of a Taser gun. Law enforcement officials should be respected and orders by the same should be followed. When force is used, it should be reasonable and necessary. Whether the force used is considered excessive will depend on the facts and circumstances of each incident.

For more information, see "Everette Howard Died Saturday At UC Campus."

By David Wolf, Attorney Published by Child Injury Lawyer Network

What started out as a childhood prank turned nearly fatal after a man shot at the neighborhood children. Although, the shooter was described by a neighbor as "low key" and "country," his actions give off a different kind of character. 56-year-old Michael Bishop, has been charged with attempted murder after he aimed his gun into a group of children, pulled the tripper and hit a 12-year-old boy. According to police, the children had been playing a long time prank known as ding-dong-ditch, the kids run up to a home, ring the doorbell or known, and run away. The victim, whose name is not being released, is believed to have suffered a buckshot injury from a shotgun. The boy was taken to Kosair Children's Hospital with non-life-threatening injuries. Eyewitnesses said they observed Bishop step out on his front porch with a shotgun, pointed his weapon towards the group of children, fired his gun and struck the 12-year-old boy. Dwight Mitchell, a Louisville Metro Police spokesman, said it is unclear whether the boy was the intended victim of Bishop or if he was merely just trying to scare the children off. Other neighbors were questioned by reporters and stated they too have been pranked by the neighborhood children. However, the kids were described as "good kids ... not troublemakers" and their actions are not considered bothersome. Doug Dorsey, a nearby resident, is the father of a 13-year-old son who grew up with the victim. Dorsey ran to the group of children after he heard the gun shot and notice the group of kids scattering away. As Dorsey approached, he noticed the victim hunched over, with his back covered in blood. For more read Louisville man charged with attempted murder after firing gun into group of kids, striking 12-year-old boy. Mr. Bishop will be entitled to the services of a Louisville criminal defense attorney or the services of the Public Defender's office.

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

An Alabama child care center employee has been arrested after she confessed to injuring a child under her care. 29-year-old Allison Ross admitted to Huntsville police that she dropped a 10-month-old girl and then put a towel over the infant's face to stop the child from crying. The girl was initially treated at Huntsville Memorial, but was transferred to Texas Children's Hospital in Houston. The infant was treated for severe facial bruising. She has since been released from the hospital. After admitting to the violent act against the child, Ross was booked into the Walker County Jail and charged with injury to a child. Her bond has been set at $2,500. Ross was employed at Taking Care of Kids Daycare at the time of the incident. For more details please read Alabama day care employee admits to inflicting personal injuries onto a 10-month-old girl.

Employees at Alabama day care or child care centers should be thoroughly screened and trained before they begin their employment, especially when the center provides care for younger children, toddlers and infants. Children need to be handled with care and patience. Day care employees are given a critical responsibility to care for children when the children's parents or guardians cannot. This responsibility should not be taken lightly and day care employees need to be patient with the children in their care.

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

Parents need a driver's license to operate a motor vehicle but there is no such license or test to be a parent. Unfortunately and tragically, some parents are unfit and actually take affirmative action to harm a child. In Beaumont, Texas, a mother was sentenced to 25 years in prison for the heinous acts of pouring hot boiling water of her 5 year old daughter's feet. The abuse caused severe burns to the child that, in turn, necessitated extended medical care and treatment for the personal injuries. The mother was arrested and eventually pled guilty to child injury charges. The child will need more skin grafts as she grows older. Hopefully, the child will be cared for in a more supportive and loving environment than the one that was provided by her mother. See Mother Behind Bars for Pouring Boiling Water Over Daughter in Beaumont, Texas.

By David Wolf, Attorney Published by Child Injury Lawyer Network

According to the United States Centers for Disease Control and Prevention, gun violence claims over 30,000 lives per year. For every person who dies from a gunshot wound, two others are wounded. In addition to those who are killed or injured, there are countless others whose lives are changed forever by the deaths and injuries of their loved ones.

A devastating example of gun violence occurred on the 500 block of South Eighth Street in Louisville, Kentucky. A three-year-old boy, Davion Powell was shot Friday night at a Louisville apartment complex. According to the investigators, an argument between residents broke out and escalated into gunfire around 11 p.m. The boy was shot during crossfire. Powell was in critical condition when he was taken to Kosair Children’s Hospital, and sadly he died Monday afternoon.

The investigation report shows that violence has been an ongoing problem at this apartment complex. Police were called to the same apartment the day before the shooting because several people broke out the windows to an apartment and assaulted a woman inside. The report also shows that when another woman tried to help, one of the suspects threatened her life with a handgun. Hours later the police responded to a different resident that said her window was broken out. The director of Louisville Metro Housing, Tim Barry, would not comment about the ongoing issues of violence but said the shooting was a police matter. A warrant has been issued, but no arrests have been made in connection with this case. For more information on this topic, see toddler shot in head dies.

By David Wolf, Attorney Published by Child Injury Lawyer Network

Marquise Bessllieu, 17, a Georgetown High School (South Carolina) basketball player is recovering after being stabbed outside Georgetown Presbyterian Church. Police arrested the attacker who was later identified as 24-year-old Maliek Gibbs. Bassllieu first encountered Gibbs during the basketball game when Gibbs took the basketball. A few minutes later Gibbs stabbed Bessellieu in the abdomen outside in the parking lot.

Bessllieu had surgery and his family said he is recovering from his injuries. He is expected to face 6 weeks of recovery time and will likely miss the remainder of the school year. Gibbs faced a judge last Friday and was given a $25,000 bond. If the State pursues charges against Gibbs, he will be entitled to the services of a Louisiana criminal defense lawyer or the services of the local public defender's office. An arrest does not automatically mean that there will be a plea deal or a conviction.

Allowing your child to get involved in extracurricular activities outside of school is a wise choice, and it can be very important in helping them to develop many working skills, people skills, and more. However, Louisiana parents should make sure that the activity is taking place in a safe environment with adult supervision. For more informatoin on this story, see Player stabbed after basketball game at church.

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

In Illinois and other States, children are placed in day care centers by their parents with the hope and expectation that the children are provided a safe and healthy environment to learn, play, and rest. Unfortunately, thousands of children are abused and neglected every year in day care centers across Illinois and other States. Some children suffer lifelong permanent personal injuries and other children even die as a result of negligence, abuse, and / or neglect in a day care center. When a child is seriously injured or dies as a result of poor care or abuse in a day care center, a parent also suffers due to the death or injury of the child. There is no greater pain to a parent than the loss of or injury to a child due to an unexpected accident or because of the negligence of another person or day care center. Children are expected to outlive their parents not die at such a young age for no reason at all. In Springfield, Illinois, it was reported that a day care center operator (Cammie Kelly) was arrested and charged with first degree murder for the death of a child who was under the care of the Kelly and the day care center. The incident took place in January 2011 when Kaiden M. Gullidge (11 months old) was taken to a local hospital (St. John's Hospital) after being observed to be unresponsive. An autopsy later revealed that the the cause of death of the boy was blunt force trauma. A case of this nature will hinge on witness statements and the forensic evidence uncovered at the autopsy. The timing of the injury will be an important issue to address during the criminal prosecution. The defendant will be entitled to the services of an Illinois criminal defense lawyer or the services of the local public defender's office. An arrest does not automatically mean that there will be a plea deal or a conviction but it appears that investigators and the prosecutor's office believe there is enough evidence to pursue this case for the tragic death of this small child. For more information, see Daycare Operator Charged with Murder for Death of Child in Illinois Daycare Center.

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

In Texas, a 65 year old babysitter (Carolyn "Carrie" Marie Easton) was arrested for allegations that she shook and slapped 5 month old triplets under her care. The interesting part of this case is that the alleged abuse was caught on tape by the parents who had installed a hidden video camera. The parents were concerned about the amount of play time that the children received under the babysitter's care and supervision. When the parents viewed the tape, the parents discovered the abuse and neglect by the babysitter. The acts were not only horrible but also criminal in nature.
It was reported that there were 37 incidents of assault and careless handling. Technology, like hidden cameras, can serve a valuable purpose for parents, child safety, and, yes, law enforcement. Unfortunately, not all parents have the resources or knowledge about video cameras to have them installed. See Texas Woman Caught On Tape Abusing Triplets She Was Babysitting.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kannapolis, North Carolina, it was reported that a day care worker was caught on video surveillance tape at the day care center mistreating children under her care. Police have charged the woman (Whitney Belk) with five counts of criminal assault for her actions. The day care center, Kids Korner Child Development Center, had video surveillance in place. The administrator (Danielle Mauldin) of the North Carolina child care center viewed videotape and then terminated Ms. Belk as an employee. The use of video surveillance can be used as evidence in criminal case. More day care centers should consider installing and utilizing videotape surveillance as a safety precaution and measure for children. Videotape surveillance can answer questions and settle disputes when there is a question as to how a child was injured or how a child was handled or treated by a teacher, assistant, and / or other staff member at the day care center. Unfortunately, staff members and employees at day care centers in North Carolina and other States continue to abuse and neglect children at a location that should be a safe haven for children. See North Carolina Care Worker Accused of Assaulting Children.

When a child is injured as a result of the neglect or abuse of a day care center, there are many issues and challenges for the child as well as the parents. Does the child have legal rights? What recourse if available for the injured child? Does there have to be a criminal investigation to pursue a civil case? What damages can the child recover for the abuse and neglect at the day care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - is a good resource for parents dealing with these and other issues. Go to Free Child Injury Book - Resource for Parents. The book is also available for $4.99 at the following sites: Amazon, Barnes & Noble, and Apple iBooks.

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

In California and other States, some people just think that clowns are creepy. Of course, there are a great many of people who think clowns are great and a source of wonderful entertainment and fun for children of all ages. Unfortunately, there are some clowns who break the law and give the profession of clowning a bad name. Many people use a position of trust or access to children to harm them. In Newport, California, it was recently reported that a party clown who worked under the name of "Tin Larin" was arrested in connection with an alleged rape of a 12 year old girl in 2002. DNA evidence was collected and catalogued after the incident. The clown at issue - Jose Guadalupe Jimenez - was subject to another investigation in which his DNA was collected. Mr. Jimenez is accused of kidnapping the girl and taking her to a school parking lot where he allegedly raped her. He then reportedly took the same girl to a motel where he molested the victim again. The girl was able to escape and later reported to authorities that she was attacked by a Hispanic male who was wearing clown make up and a mask. The science of DNA was the key to the puzzle of this unsolved crime of so many years ago. Jimenez probably thought that he got away with this crime and continued to work as a clown fro the past 9 years. See Clown Arrested in 2002 Rape in Newport, California.