Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Although corporal punishment and spanking of children is banned in 24 countries, it is a common practice all over world, revealed three studies by UNC researchers. Spanking children has decline since 1975, however, it is still common practice, 80%, for preschool children.
Below is a summary of the findings revealed by the one of three studies conducted by Desmond Runyan, professor of social medicine at UNC:
- Mothers with fewer years of education more commonly used physical punishment.
- Harsh punishment of children by parents is not less common in countries other than the U.S. However, it may be more common in low and middle income countries.

Adam J. Zolotor, assistant professor of family medicine and UNC School of Medicine, led the other two studies. A summary of the results are listed below:
- Zolotor's first study tracked corporal punishment trends for 3-to-11-year-old children in the U.S. as demonstrated by four separate surveys conducted in 1975, 1985, 1995 and 2002. Although there was a decrease in the number of children slapped (18%) in 2002 from 1975, about 79% of preschool-aged children are spanked.

Zolotor states that given the weight of the evidence of his studies, corporal punishment does more harm than good. Therefore, it is important for parents, guardians, day care providers, caretakers, babysitters, etc. to educate themselves on the consequences of corporal punishment. There is a fine line between disciplining a child and inflicting physical abuse upon a child, the latter never being okay. If you would like to read more on this topic and see more findings of the conducted studies see Studies on Corporal Punishment upon children.

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

City officials stated the director of a Weslaco, Texas day care center was arraigned recently on a charge of injury to a child in connection to an alleged attack upon a 4-year-old boy. Yolanda Rodriguez, 55, the administrator of Happy Days Learning, allegedly assaulted the child for misbehaving. According to police, the boy had bruises on his arms, back and back of his neck.

Rodriguez was formally charged with a third-degree felony. Her bond was set at $10,000. If convicted, Rodriguez could face up to 10 years in prison and a find up to $10,000. Rodriguez is entitled to a criminal defense attorney and a trial. If you would like to read more about this story see director of day care facility in Texas formally child with causing child injury.

Although children need to have forms of discipline in their lives, there is a line between discipline and abuse. Hitting, grabbing, throwing or otherwise handling a child to the point of bruising should never be condoned. Children have fragile bodies as well as emotions and physical actions against children similar to this one can result in a lifetime of negative consequences to the child victim.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 13-year-old boy of Bradenton, Florida was arrested for the beating and the possible rape of a 22-month-old girl in a home-based daycare facility. Heather Lovett, the 21-year-old owner of the facility, left the teenage boy in charge of the facility, Our Kids Day Care, while she took something to her boyfriend. Lovett is allegedly dating the teen's father.

The toddler was taken to a hospital by her father after the father noticed injuries on the girl's body. Police reports reveal that the toddler was determined to have been choked, punched and sexually assaulted. The boy admitted to hitting the girl twenty times but denied committing any sexual assault. This is not Lovett's first complaint against her daycare. In June, a parent made a molestation complaint against Lovett and the older brother of the teenage boy charged in this case.

The registration of Our Kids Day Care has now been revoked by the state's Department of Children and Families. However, DCF would not have became involved if a major incident was not reported. This has parents, local authorities and other concerned citizen to question the screening and licensing procedures of Florida daycare facilities. According to published reports, DCF does not inspect or regulate daycare facilities that have fewer than 10 children; Our Kids Day Care cared for 5 children between the ages 10-months to 4-years-old. To read more on this story see Florida screening and licensing procedures are questioned by concerned citizens.

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

Alex McGowen Duncan, 34, was charged with murder after his son, 6-year-old Tekerrious "TK" Jackson died after suffering from severe bodily injury. Investigators say Duncan repeatedly beat his son in the chest because he would not go to sleep.

Duncan's girlfriend, Tammyra Sampson, was also charged with injury to a child by omission. Investigators say Sampson watched the abuse and only intervened to show Duncan how to properly whip the child with a belt. This is not Sampson's first encounter with Child Protective Services. In 2003, a Texas CPS conducted an investigation after reports of drug use and alleged abuse against one of her children.

Apparently, one of Sampson's children, her 11-year-old daughter, witnessed the beating of Jackson. During an interview with Houston homicide investigators the 11-year-old re-enacted some of what she saw happen to TK over the course of 8 hours.

Duncan was recently reunited with his son after being an absent parent for the past 3 years, according to TK's mother, Lucy Adams. Duncan and his girlfriend are being held on $50,000 bail, both are entitled to an attorney and speedy trial. Sampson's two children were taken into the custody of CPS. If you would like to read more details on this story see Houston father charged with murder after 8-hour beating of his son.

If you suspect a child is being abused, please report the incident to local authorities so a criminal investigation can be initiated.

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

Sheri Lyn Davis, a former Houston Charter School teacher, was formally charged with causing injury to a child for the April beating of a student in Davis' classroom, while a fellow faculty member watched. Two of the school's administrators, Principal David Jones and Superintendent Ollie Hilliard, and the other teacher, Gabriel Moseley, were indicted for neglecting to report abuse. The incident was captured on a student's cell phone. The recording led to the firing of both teachers, Davis and Moseley. According to authorities, Davis, 40, repeatedly pummeled and kicked the victim, Isaiah Reagins, a 13-year-old child, after Reagins allegedly laughed at a mentally challenged student. The video recording shows Davis continuously slapping and kicking Reagins. If convicted, Jones, Hilliard, and Moseley could face up to one year in jail; Davis could get anywhere from 2-10 years in prison.

As to the indictments against the Jones, Hilliard, and Moseley, Christina Garza, a Harris County Sheriff's spokesperson, said the message the department is trying to do send is to report any incidents of violence - especially one involving a student being kicked and slapped. The failure to do so is a crime. To read more on this story and to see actual footage of the recording see Houston Charter School teacher beats student, caught on tape.

School officials have a responsibility to protect the children attending their schools. Physical abuse upon a child should never be condoned or not taken seriously. If you have suspicions child abuse you should immediately report them to authorities so a criminal investigation can be pursued.

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

Cody Sartin, a suspect in the killing of his ex-girlfriend's 3-year-old boy, Jace Burgess, was arrested and charged with first degree murder by Tulsa County prosecutors. Jace suffered serious personal injuries and was rushed to a hospital with a massive brain injury. According to officers, the child also had several bruises covering his entire body: shoulders, thighs, forehead, chin and a broken toe. Jace died as a result of the massive brain injury. Investigators believe that Sartin was babysitting Jace when the injury occurred; however, Sartin claims the injury was an accident.

Court records reveal that Jace's mother filed a protective order against Sartin after Jace's hospitalization. Jace's mother claimed that Sartin was the only person with Jace when the injury occurred. She also claimed that Jace had previously complained of being shaken by Sartin and told his mother that he had "accidents" while in Sartin's care. She also told authorities that Jace had new bruises on his body that were not present early that evening when she gave the child a bath.

Sartin had two other protective orders filed against him by two different women. A court document revealed that Sartin's ex-fiancee and her roommate accused Sartin of threatening their lives, saying "their days were numbered." Sartin also had another protective order against him by a different woman 2003, but the order has since expired. To read more about this topic see Oklahoma man charged with first-degree murder for the death of his ex-girlfriend's 3-year-old son.

The death of this young boy is a tragedy for the family and community. Sartin is innocent until proven guilty and has a right to a criminal attorney and speedy trial. Physical abuse upon a child is a horrific offense and any perpetrator is reprehensible. Suspicions of abuse should be reported to authorities immediately so a criminal investigation can ensue.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see Kansas daycare center loses license because of harsh punishments on children.

The method of punishment employed on disobedient children is generally a parental or caretaker's decision. However, parents, caretakers, daycare providers and babysitters need to be careful not to cross the line between punishment and physical abuse. Physical abuse upon children can result in a lifetime of physical and emotional injuries for the abuse victims. State legislatures are creating state laws that will require stricter screening procedures for the daycare workers and the licensing of the center. To read more about the stricter screen procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

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

Joshua J. Werner, a 25-year-old Wisconsin man, was sentenced in Wood County Circuit Court to 1 ½ years in prison and another 7 ½ years for second-degree reckless injury of a child. Wood County Judge, James Mason, imposed the maximum sentence upon Werner as well as 7 years of extended supervision. Werner was convicted of what some experts determined as the worst case of physical child abuse they had seen. Werner was convicted of physically abusing his, now, 2-year-old daughter. According to the criminal complaint filed on August 18, 2008, the child was admitted with a broken leg to Riverview Hospital where official contacted authorities about the possible child abuse of the baby. The infant was then transferred to the Children’s Hospital of Wisconsin in Milwaukee. There, doctors found more broken bones; specifically, 20 broken ribs, broken collarbone, leg, finger, toe and vertebrae fractures. The mother of the child, Nancy Hetze-Werner, 32, initially told authorities that a dog was responsible for the child’s injuries. However, she later admitted that the infant had been alone with Werner. Werner’s defense attorney, Richard Bender, argued Werner’s own experience with childhood abuse, coupled with an IQ in the 65 to 75 range compromised Werner’s judgment and emotional control. To read more about this article see Wisconsin man will serve 9 years in prison for physically abusing his infant daughter.

Fortunately, this child was not killed by the brutal attack she endured. However, this girl may face a lifetime of physical and emotional stress as a result of the attack. Child abuse and neglect should be reported immediately to authorities so a criminal investigation can pursued as quick as possible.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Caldwell, Idaho man, Bryan Sears, will serve at least 3 years before he is eligible for parole repeated acts of abuse on a 2-year-old child. Sears was sentenced to 10 years in prison, ordered to have no contact with the victim, and pay the victim a $5,000 civil penalty. The twenty-six-year-old man pleaded guilty to felony injury to a child and admitted to injuring his girlfriend's child over a 6-month span. The abuse caused the child to be hospitalized in December for more than a month with an injured pancreas. To read more about this story see Idaho man sentenced to 10 years after repeated abuse on 2-year-old.

Child abuse is a heinous offense. People who abuse children fail to realize the physical and emotional injuries inflicted upon the child at the time of the abuse and years thereafter. If you suspect an incident of child abuse contact local law enforcement authorities as soon as possible so a criminal investigation can be started; the best place for offenders is behind bars.

By Kevin Leach, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Spanking a child for disobedience has been used for generations. However, the lines separating child punishment and child abuse are becoming increasingly blurred when spanking is used for child disobedience. For example a Portsmouth woman was recently charged with child abuse when she was observed spanking her 7-year-old daughter with a belt in a parking lot. The spanking resulted in welts on the girl’s body. The lines become even more blurred and enter the realm of criminal charges when the child is injured during a spanking. It is imperative for parents who resort to spanking their children as a form of discipline to use sound judgment when doing so. Parents need to be aware of the amount of force they are using and the amount of pain they are inflicting upon their children. Although spanking receives a higher level of scrutiny today, the lines have become so blurred between what constitutes punishment and what crosses the threshold into abuse. Corporal punishment and spanking can be the basis of a lawsuit or civil cause of action especially when the corporal punishment / spanking is against the law, against school or day care policies, and / or against the instructions or without the consent of the parents. Take for instance a 2006 child abuse case where a father disciplined his child with a belt for acting “unmanly.” After the child complained to a teacher about his back hurting, belt marks were discovered all over his back and lower body. There is a profound difference between spanking your children as a form fo punishment and a violent beating. Alternative forms of punishment are becoming increasingly popular. Instead of spanking their children, parents are resorting to more consistent and humane types of punishment such as taking away their children’s privileges (watching TV, cell phone and vehicle use) or putting them in time-out. The main question with spanking is: When is spanking or corporal punishment excessive and / or abusive to the child? When is spanking no longer punishment but crosses the threshold into child abuse? These are serious legal issues that are unclear and cause a great amount of debate. A child injury lawyer is an extremely helpful resource if you believe a child to be a victim of violent beatings. For more on this issue please see Spanking: Acceptable Form of Punishment or Abuse?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, parents and child care givers should refrain from corporal punishment. In many instances, an angry parent or caregiver can get out of control. Tempers combined with poor judgment can lead to serious personal injuries and psychological damage to a child.

In Minneapolis, Minnesota, it was reported that a 6 year old child was whipped by his mothers boyfriend with an extension cord over and over and over again. The man and the mother have been charged with the crime. This all stemmed from the boy allegedly having bad behavior at school. It was reported that the boy had virtually no skin remaining on his back because of this brutal attack. You can read more about this story at Minneapolis police: 6-year-old boy was flogged by mother's boyfriend.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There is a troubling and very dangerous game out there called "Sack Tapping" that boys are playing. The game is no laughing matter because many boys are suffering serious personal injuries to their groins / testicles that require emergency room care and, in some cases, surgery. Sack Tapping is painful, humiliating, and quite dangerous. Has your child been a victim of "Sack Tapping"? If so, there are several actions that you can take to address the problem. First, get your child medical care if needed to make sure that your child's medical needs are addressed. Report the incident to the school and, if the situation warrants it, to the police. If injuries are serious, a parent can seek out a Child Injury Lawyer for consultation and representation. If there was a failure to supervise the aggressive child, then a claim may be brought against the school or other organization charged with supervising the children. In addition, there may be an action against the parents of the aggressive child through a homeowner's insurance policy or through other avenues. If you see children engaged in this dangerous activity known as "Sack Tapping", stop the children and counsel them on the dangers. For more information about this dangerous fad or trend, see ' Sack tapping' - boys punching classmates in the groin - leads to serious injury, amputation.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 14-year-old Minnesota boy suffered the loss / amputation of his right right testicle after being injured in a playground game called “Sack Tapping.” Sack Tapping, where a unsuspecting male is punched in the groin area, is becoming increasingly popular in all schools: elementary, junior high and high school.

Although this incident may sound rare, a Minnesota doctor reported he performed three to four surgeries a year because of complications arising groin punching. The doctor also claimed to see a dozen more less severe injuries resulting from the game as well.

Although it is common for children of all ages to tease one another and engage in horseplay, inflicting harm onto another child is never appropriate. The physical and emotional injuries a young male sustains due to what may be a joke or a prank can has serious and life long consequences and injuries. An injured / ruptured testicle results in excruciating physical pain. There is also an extreme amount of emotional / psychological pain that results from such injuries. A boy often times worries about his future manhood and his ability to be a father in the future.

There are a host of legal issues that arise when a child suffers injuries while under the supervision of a day care center, school, neighbor, friend, or other facility including the following:

What supervision was in place at the time of the incident?

Had similar incidents happened in the past?

What actions were taken to prevent the incident from taking place?

What did the adult supervision know about the incident? Prior incident?

Is the school, day care center, summer camp, or other business liable for the injuries?

Who will be responsible for the medical bills?

Is there liability insurance, business insurance, and / or homeowner's insurance that would cover the medical bills, pain and suffering, and other related damages?

Parents as well as school officials have a duty to protect their children. A child injury lawyer can be contacted to discuss the legal rights of a child when there are personal injuries resulting from negligence, lack of supervision, abuse / neglect, and other causes.

You can read more about “Sack Tapping?" at Dangers and Injuries Associated with Sack Tapping.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Dakota and other States, it is quite tragic that incidents of Shaken Baby Syndrome continue to be reported. The simple and violent act of shaking a baby can result in serious brain damage and even death. Never - ever shake a baby for any reason. Whether it is done in fun, in anger or for discipline, a child's brain and skull cannot withstand the force of an adult shaking the child. In Eagle Butte, South Dakota, it was reported by the Rapid City Journal that Nicholas Allan Rivers, age 30, pleaded guilty to criminal charges of assault resulting in bodily injury. The incident causing serious child personal injuries took place on May 4, 2009.

The safety and well being of a child under the care of a parent, friend, neighbor, teacher, or day care provider should take precedence over all other matters. Keep children safe and it should be repeated - never - ever shake a child.

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

In Bartlesville, Oklahoma, a 4 year old suffered serious personal injuries in the form of a skull fracture. The boy also suffered bruises on his chest, upper shoulders, back, and legs. David Wymon Laird, faces criminal charges of child abuse. At first, Laird denied that he harmed the child but he later admitted to police, according to a news story, that boy was harmed when Laird was disciplining the child. The boy was transported to Tulsa's Children's Hospital where he was treated with these serious life threatening personal injuries.

Children should never been disciplined by assaulting the child or inflicting head injuries that can and do lead to brain injuries. You can read more about this tragic story at Bartlesville, Oklahoma Man Slams Head of 4 Year Old - Skull Fracture.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Iowa and Other States, parents, step parents, and boyfriend / girlfriends of parents often show poor judgment and violent tendencies when disciplining children. Beatings and whippings may be the way things were done years ago; however, these forms of punishment are often times cruel and unusual and in some cases criminal. In Sioux City, Iowa, Tyrone James (age 32) was sentenced to a 2 year prison term after entering a guilty plea of charges of child endangerment. Allegations in this case involved two children who were hit by belts, tree branches and extension cords. The mother of children also pled guilty to criminal charges. See Sioux City Iowa Man Sentenced to Prison Term for Child Endangerment Criminal Charges.

Children should be raised in a loving and caring environment. Children should not be subjected to the personal injuries or the psychological injuries of being hit by a parent or other adult.

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

In Houston, Texas, school officials and police officers are investigating a stabbing that took place approximately 30 minutes before school started at Pershing Middle School. The weapon used was a pocket knife. News of the stabbing was quite upsetting for the students, parents, and teachers associated with this school. It is quite frightening to think that a child could, in this day in age, be stabbed by another student at school. Parents, teachers, and students should discuss the issues of school safety and take whatever reasonable actions are available for the protection of students. You can read more about this story at Middle School Student Stabbed in Houston, Texas.

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

In Fayetteville, North Carolina, criminal legal proceedings are being pursued against a mother accused of prostituting her 5 year old daughter. The tragic ending to this story involved the death of this innocent child who was found in a ditch. Parents should be the protectors of their children and keep them from being harmed by others. If the allegations are true and there is evidence that results in a plea deal or a jury verdict, this mother will likely face a prison sentence for these crimes. You can read more about this story at Mother Accused of Trafficking Her Daughter to Appear in North Carolina Court.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Spokane Washington child is expected to survive according to authorities despite being subjected to horrible child abuse and neglect. It was previously reported that doctors did not expect this child to survive. Some how, this child found the strength to hold on despite being a victim of flagrant child abuse at the hands of her father according to allegations made by police / prosecutors. Skyelynn Jamison is being treated at Sacred Heart Medical Center. According to Spokane Police, hospital officials are reporting that her condition is improving and she is expecting to survive. While she is surviving, it appears that she has suffered permanent life long injuries. She is on ventilator and is brain dead or has severe brain damage according to court documents. You can read more about this story at Baby Expected to Survive Horrible Child Abuse.

How did this child suffer such horrific injuries? According to the story posted at KREM.COM, her father allegedly choke and smother her when she cried. In Washington State, a parent needs to take a test to get a driver's license but does not need to take a test or even take a class to be a parent. Unfortunately and tragically for this child, she was the subject of severe and brutal child abuse just for crying and being a typically baby.