Child Injury Lawyer Blog

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

A young girl recently accompanied her mother to Washington Dulles airport to pick up a friend who was arriving from Argentina. A Customs and Border Protection K-9 unit dog that was undergoing training suddenly attacked the girl, knocking her over and clamping down on her pelvis. The dog refused to release, and was eventually subdued by its handler. The girl’s mother was also bitten by the dog when she tried to help her daughter. According to witnesses, the child did nothing to provoke the dog.

The child was taken to a nearby hospital and has reportedly been given twenty stitches in her torso. She has been released from the hospital and is being cared for at home. The mother was understandably upset after the attack, but doesn’t appear to have a problem with ongoing dog training efforts at the airport. She did say she believed that the handlers should take more precautions with dogs in training, such as muzzling them and keeping them away from small children.

It is a shame that an animal being trained to protect citizens attacked this young girl. She will no doubt be scarred both emotionally and physically from the attack.

Read more details about the child mauled by a customs dog at Dulles Airport at Report: Customs patrol dog attacks child at Dulles Airport.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Six year old Anastasia Bingham of Terry, Mississippi was on her way home from a friend’s house when she was attacked by an unrestrained pit bull that was kept in a doghouse behind one of the neighborhood homes. When emergency help arrived, the child was pronounced dead at the scene.

Tragically, the pit bull that attacked and killed the girl appears to be a dog belonging to a distant cousin of the family. Anastasia’s grandfather, Willie Bingham, said that the family would press charges whether the owner is a relative or not.

Hinds County, Mississippi recently made its vicious dog ordinance tougher, making it illegal for felons to own dangerous dogs and requiring that such dogs be confined at all times. Malcolm McMillin, the Hinds County Sheriff, has said that the attack is under investigation and that if any law was violated that resulted in the death of the little girl, the county would bring charges against the dog’s owners.

You can read more details of the tragic death of Anastasia Bingham at Authorities continue search for vicious pit bull.

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

An Illinois Court of Appeals recently upheld the right of an Autistic child, Carter Kalbfleisch, to bring his service dog to school. The court upheld an earlier ruling by the Monroe County Court that allowed the child to bring his autism service dog, named Corbin, to school with him. The Monroe County Court decision had been appealed by the Columbia School District. The School District argued that the dog would be disruptive and that some of the other students might be allergic to it.

After the initial ruling, the School District declared that it could not meet Carter’s educational needs, and sent him to school at the Illinois Center for Autism. The School District agreed to pay for his schooling at the center, but refused to pay for transportation for Carter and Corbin to and from school. The family is hopeful that Carter and Corbin will be allowed to return to school together. The School District still has the option to appeal the decision to the Illinois supreme court. You can read more about Carter’s fight to stay in school with his Autism service dog at Autistic student’s right to service dog upheld.

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

A Massachusetts five year old boy and his seven year old sister were visiting family recently when the visit turned tragic. The family’s pet bullmastiff charged the children, wounding the little girl and seriously injuring the little boy. The dog reportedly attacked without warning or provocation, as the family was leaving the house. The child suffered serious facial injuries from the attack and was taken to the hospital. The dog, a 2 ½ year old, is under the supervision of animal control officers and will remain in quarantine until the owners make a decision on what to do with the animal.

Small children and aggressive dogs too often turn into a tragic mix. Animals can strike without warning if they become spooked, and small children are especially vulnerable because they might do something to unwittingly provoke an attack. Parents should be very wary when bringing their children into a home with a large or aggressive dog breed. Dog owners need to be sure to keep their pets securely restrained when children are in the house. You can find out more about this holiday dog attack at Child attacked by dog in Dighton.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children often times are the unfortunate and sometimes tragic victims of dog bite injuries. Dog owners and parents should use their best efforts and judgment to take actions to prevent dog bite injuries from taking place. Various actions can be taken to prevent dog bites or reduce the incidents of dog bites. These actions include but are not limited to socializing the dog, training the dog, neutering the dog, obeying leash laws, and attending the health and nutritional needs of the dog. It should be kept in mind that dogs are animals and are, at times, unpredictable. As such, it is important for dog owners and parents to take all reasonable efforts to protect children when near a dog. See How to Prevent Common Dog Bite Injuries for more tips and advice on preventing dog bites.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman and her daughter were riding horses with a larger group along the Big Foot Horse Trail in the DeSoto National Forest when Evan Joseph Kane fired a gun in their direction. Apparently, Kane was deer hunting at the time of the incident. Both horse riders and a horse suffered gunshot personal injuries. The ten year old girl suffered a punctured lung and was placed in intensive care. For safety, the trail is designed so that most of its length is near a public road, where shooting is prohibited.

While wearing a bright colored vest is not required for horse riders riding in or near a hunting area, it would be a wise decision for both adult and child riders to wear such a vest to make sure that they are clearly seen by hunters as well as drivers of vehicles. While accidents do at times happen, safety precautions like wearing a brightly colored vest can at times prevent or reduce the incidents of accidental shootings.

A spokesman for the Mississippi Department of Wildlife, Fisheries and Parks said that more details would be available as the investigation progresses. The agency automatically tests for drugs and alcohol when a hunting accident occurs. The agency indicated that more charges may be filed against Kane. Of course, Mr. Kane will have the right to defend himself against any potential charges or citations for the incident. Kane may argue that he was hunting in a correctly designated area or have some other excuse for the shooting. Regardless of the outcome of the possible citation or any possible criminal charges, a girl and her mother were shot while on a peaceful horse ride. It will be a difficult trauma to recover from physically and psychologically.

Hunting laws and regulations have been put in place to protect both hunters and other people who use public land. You can read the details of this hunting accident at Mother, Child Shot in Deer Hunting Accident.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Four year old Nathaniel Stafford is in critical condition after being attacked by a Labrador / Pit Bull mix. According to the boyfriend of the victim’s mother, Brian Caron, the attack was so vicious that it nearly killed the boy. The dog reportedly tore into the child’s head, tearing his ears off and lacerating his throat – only narrowly missing Nathaniel’s jugular vein. Caron and his girlfriend were watching the dog, named Chaos, for friends while they were out of town. They had the dog tied up at the edge of their property, but it managed to break free. The dog’s owner, Thomas Chastain, has agreed to have the dog put down. In the meantime, Nathaniel’s face and ears have been stitched back together, but he may have to wait up to ten days for a skin graft to cover his damaged scalp.

This story is quite horrific. This child has been scarred for life and only time will tell how the injuries will affect him as he grows up.

Dogs are unpredictable animals. As such, parents should be extremely careful when taking on the obligation of watching or caring for a pet.

Read more about this vicious dog attack at Child Mauled By Dog in Conyers Georgia.

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

Troy Helms, an 11-year-old from Grove, Oklahoma was attending the Strut Your Mutt dog walk sponsored by the Humane Society of Grove and Grand Lake when he accidentally fell on the ground. A Great Dane attacked the child, biting down on his face and neck. The boy received more than 100 stitches.

Witnesses say that the dog’s owner simply loaded his dog into his vehicle and left the scene. He was later cited by police for the attack.

When owner’s take their dogs into public, they are liable for the actions of the dog. While animals are by nature unpredictable, an owner who suspects that his dog might behave aggressively in public has a legal and ethical responsibility to protect the public from the dog, whether that means leaving the animal at home or fitting it with a muzzle. They should certainly not bring the animal into a crowded event where there are children present. The story does not mention if the child’s family will file a lawsuit against the dog’s owner or the humane society, but they are certainly within their rights to do so.

Find out more about this story at Okla. Boy, 11, Mauled By Great Dane At Dog Walk.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

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

In Norman, Oklahoma, a toddler was recently attacked by a wild cat at a zoo. The 3 year old boy did suffered personal injuries in the form of wounds on his head. Fortunately, the injuries were not serious or life threatening according to the Fox News article. The wild cat, a European Lynx, weighed 45 pounds and approached the child through a chain linked fence. This incident certainly cannot be faulted to the animal who is living in a man made environment.

It was reported that the boy left the visitor path of the zoo and then went through a roped off barrier and then over a railroad tie wall that was low in height and then up to the Lynx at the chain linked fence. After the incident, a solid fence was built to keep the public away from this area. This will, in turn, prevent wandering children like this toddler from unknowingly getting into a dangerous area.

Parents should take note of this incident and do their best to keep a watchful eye on children at zoos and any other areas where animals are present.

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

In Illinois and other States, it is vital that day care owners provide for the safety and well being of the children. Day care centers have a duty to remove hazards from the facility. In Chicago, a day care center was recently shut down. Police officials determined that the day care center was a site for dog fighting. Obviously, the day care operators or employees put profit and sport over any concerns for the safety of the children in the day care center. It is truly amazing and frightening that people would conduct a dog fighting ring / operation in the same location as a day care center. Investigators, who raided the location of the day care center, found battered, injured, and malnourished dogs as well as blood stains on the carpet right near where children were being cared for. At the time of the raid, there were 10 children in the day care center. A spokesman, with the Illinois Department of Children and Family Services, reported that the day care center was shut down. You can read more about this story at Chicago, Illinois Day Care Center Shut Down Due to Safety Concerns / Dog Fighting Ring.

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

In North Carolina, a Pit Bull reportedly chewed the toes off of a 4 month old baby. The mother and her boyfriend have been charged with felony child abuse. The mother (Robie Lyn Jenkins) claims that she was on medication at the time of the incident and did not hear the baby crying during the night. The couple was watching the dog for a friend.

This story is quite disturbing. This child has been scarred for life and time will tell how the injuries will affect her everyday activities and mobility. The couple should have secured the dog in a safe area and at a distance away from the child. You can read more about this story at Pit Bull Chews Toes Off of North Carolina 1 Year Old.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Anchorage, Alaska, a 9 year old boy died after suffering injuries at the Kenai Peninsula State Fair. The boy was at the fair with his family and a cow owned by the family. Apparently, Mathias Martin tied a rope around his waste that was also tied to the cow. Since the cow was domesticated, Mathias did not recognize the risk or danger of such an act. According to the father, the cow became spooked or scared for some reason and took off. The boy was then dragged by the cow. As a result thereof, the boy suffered serious head injuries. Mathias later died at Providence Alaska Medical Center.

This was a tragic loss for the Martin family and the community. This story shows that animals are unpredictable and can be dangerous. You can read about this story at Alaskan Boy Dragged by Cow at Fair Dies of Head Injuries

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

In Hawthorne, California, a convicted sex offender tried to extort a teen for sex for the safe return of the family pet. The teen and her parents contacted the police who were ready to arrest the convicted sex offender for these bad acts. The teen informed the sex offender that she had no money. Then, the sex offender demanded sex for the safe return of the family dog. Alfredo Jaime Dempkey was arrested for this crime and also faces charges for failing to register as a sex offender. He faces 15 years if convicted of the extortion charges and could face more time for failing to register as a sex offender. You can read more about this story in Sex Offender Arrested for Attempting to Extort a Teen for Sex.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Pet bites can cause serious infections to children and adults alike. Some medical researchers believe that pets can transmit a superbug called MRSA through bites to humans. MRSA and other infections are resistant to traditional antibiotics and make the treatment of the dog bite and related infection challenging. It is estimated that 20 % of all pet bite / dog bite cases involve a serious infection according to a study by the University of Florida College of Medicine. If you or your child is bitten by a dog, it is important for the dog to be tested for rabies and other diseases. Experts recommend that the best course of action is to avoid being bit by a dog or other animal. Take precautions and be careful around any animal especially ones that you do not know and do not know you. Of course, there are situations that occur despite precautions and despite a long history of friendship with an animal. Remember, a dog is an animal and could snap at any time for any reason. You can read more tips about avoiding dog bites at Tips for Parents and Children - Avoiding Dog Bites.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many families with pet dogs install doggie doors to allow easy access for dogs to go in and out of a house or patio area. Doggie doors are very convenient. Doggie doors can also be dangerous in that small children / toddlers get out of house through the doggie door. Once out of the house, small children / toddlers have been known to suffer serious personal injuries and death from pools, ponds, and other dangers outside of the house. In August 2006, Matthew Ranfone got out of a doggie door from his Orlando home and was found floating face down in the family pool. He died later from drowning related injuries. Carol Ranone, Matthew's mother, has launched a website to get the word out about the dangers of pet doors / doggie doors and small children at www.petacessdangers.org. I recommend that all dog owners who are parents of small children or who have small children in their home to take a look at the website. The safety of small children / toddlers is much more important than the mere convenience of a doggie door. Safeguard your home to the best of your ability to protect children who live or visit your home.

You can read more about the dangers of doggie doors at Pet Doors and Crawling Kids Can Be a Deadly Combination.

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

In Chippewa County, Wisconsin, Raymond Knez was sentenced to a 9 month jail term for shooting 6 pets to death in front of children causing mental harm to the children. News report indicate that Mr. Knez was drinking before he got his gun and started shooting pets around the house. Mr. Knez pleaded no contest to the charges and admitted to reporters that it was a stupid drunken reaction to the situation. Chrystalyn Adcock, Knez's girlfriend, was sentenced to 50 hours of community service.

These heinous and criminal acts should have been punished. Some may argue that a person has a right to own a gun, use a gun, and shoot an animal which, in many states, is considered a piece of property like a couch. Nevertheless, the mental health of a child should be considered. Mr. Knez committed these acts under the influence of alcohol and apparently in anger. Inflicting this kind of mental distress on any person, especially a child, should be a crime that is punishable by a jail sentence, community service, and a fine.

You can read more about this story at Wisconsin Man Who Shot Pets In Front of Children Gets Jail Sentence and Community Service.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oregon and other States, parents, at times, use poor judgment when it comes to the supervision of their children. In Oregon, the father of four young children used a dog shock collar on them because he thought it was funny.

Salem Police thought otherwise and arrested Todd Marcum on charges of criminal mistreatment. The ages of the children were as follows: 3, 6, 8, and 9. This matter was referred to the Department of Human Services.

Shocking your kids as a joke or as punishment really is not a good idea. Todd Marcum found this out the hard way. Of course, the children probably did not enjoy getting electrically shocked either. You can read more about this story at Oregon Dad Uses Dog Collar to Shock His Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Cruelty to animals is no laughing matter. Recently, students at Colony Middle School were disciplined after their actions led to the death of a moose. The students thought it was a good idea to taunt and tease the animal. The moose was so upset that the moose repeatedly threw itself against a wall until it died. Some may read this article and dismiss it as a childhood prank. The incident really does have a bigger meaning. It shows how far students will go to tease animals or other children for that matter. Children should show empathy for their peers, teachers, and animals. Many animals are defenseless and should be treated with respect and dignity. It is a shame that bullying and teasing led to the death of the Moose. Officials acted properly in disciplining the children.

You can read more about this story at Middle School Students in Alaska Disciplined After Teasing and Taunting a Moose.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Family dogs are members of the family. Unfortunately, the family dog / family pet can sometimes be a very dangerous animal. In Eastpointe, Michigan, a Pit Bull Terrier mauled and killed a 1 year old boy. The father then killed the dog. The dog was shot with a handgun. The boy was taken to St. John Hospital where he was pronounced dead. Lt. Darrell Corsi stated that the incident would be investigated further.

Pit Bulls and other breeds appear frequently in the news regarding attacks on children and adults. The dog feels threatened or becomes aggressive and then attacks. Sometimes, there is no warning whatsoever to the attack. I would caution families with small children about getting a Pit Bull or other aggressive breeds. Speak to a Veternarian and do some research before putting your children in danger.

You can read more about this tragic attack in Eastpointe, Michigan at Pit Bull Fatally Mauls and Kills Michigan 1 Year Old.