Child Injury Lawyer Blog

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

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Outside of St. Louis Missouri, a horrible bus accident was reported that involved two school buses, a semi truck, and a SUV. Tragically, two people died as a result of this bus / semi tractor / SUV accident and many others including a number of children were injured as a result of this accident. A full investigation will be conducted by State and Local authorities to determine the cause of the accident and what measures could have been taken to avoid the accident and related personal injuries.

The bus accident took place on Interstate 44. It was reported that thirty six children were transported to a local hospital (SSM Cardinal Glennon Children's Medical Center) for evaluation and treatment. Other accident victims were treated at St. John's Mercy Hospital and St. Louis Children's Hospital. Photographs and video tape of the accident scene show a school bus lifted into the air on back of the semi truck. It is clear from the photographic evidence that the accident was quite severe and traumatic for all drivers and passengers especially the school children. Accidents of this nature deal with the following issues or questions:

What are the duties and responsibilities of the school? bus driver?

What was the posted speed in the area? What were the traffic conditions?

What insurance will apply to the medical bills and injuries resulting from the accident?

Were any drivers cited for the cause of the bus accident?

What follow up medical treatment will be required by the surviving victims?

What damages will be compensable for the surviving victims?

What damages will be compensable for the family member of the unfortunate people who died as a result of the bus / semi truck / SUV accident?

Typically, the roadways are safe for our children and others in large buses and vehicles. Unfortunately, tragic accidents do happen in such a magnitude that deaths and serious injuries occur despite the size of the vehicles occupied by the drivers and passengers.

The accident happened on I-44 in Gray Summit, which is about 40 miles southwest of St. Louis. The Franklin County Sheriff's Office said it was helping the Missouri State Highway Patrol respond to the wreck.

In addition, the National Transportation Safety Board says it is sending a "go team" to investigate.

One of the fatalities was in a GMC vehicle, said Missouri Highway Patrol spokesman Jeff Wilson, and the other was on the first bus. Crews were trying to pull all the vehicles apart so they could identify both fatalities. The tractor-trailer was stopped for traffic in a construction zone, Wilson said.

Renee Ridling, president-elect of the St. James Chamber of Commerce, said the town is a small, rural community about 100 miles west of St. Louis with a population of about 4,000. Ridling is a nursing facility administrator, and some of her staffers had children on the buses.

"Everybody's pretty anxious right now, wanting to know what's going on," she said.

Kelsie Parton, 25, is a volunteer at the St. James Tourist Information Center.

"The news spread really, really fast," Parton said. Once one person knew about the wreck, everybody called one another. There are also a lot of Facebook updates, she said.

She said the only local person who had come in to the center is her grandmother, who works at a pharmacy, and "they're all kind of worried" there.

"I've had a lot of travelers come in and ask if everybody's OK," she said. Some of them heard about the crash on the radio, while others passed it, she said.

She knows one boy who was on one of the buses and has spoken to his mother. He is OK. She said his last Facebook update said he was headed to Six Flags with the band, then the last one only said, "please pray."

CNN affiliate KTVI reported the two school buses involved in the crash were carrying high school band students from the St. James, Missouri, School District who were on their way to a Six Flags amusement park in Eureka.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A school district is Massachusetts implemented a new school policy that makes condoms available to all students, including elementary students. Peter Grosso, Provincetown School Board Chairman, explained that because there is no set age for when children decide to become sexually active, the committee refrained from setting an age for condom availability. Under the policy, a student who requests a condom from a school nurse must receive counseling first, which includes information on abstinence; the policy does require the parents to be contacted. The policy was approved by Provincetown's school committee on June 10 and will take effect in the fall. The policy is receiving widespread criticisms. For example, Kris Mineau, president of the conservative Massachusetts Family Institute, called the idea absurd. To read more on this story see Massachusetts School District receives criticisms for new condom policy.

Sex education is important - children need to be counseled on the dangers of sexually transmitted viruses and pregnancy risks. Parents and school boards or committees should work together on formulating programs to educate children about the consequences of sexual activity. If a compromise can be met between the conflicting views, our children can be taught and an adequate and important lesson without offending the views and beliefs of their parents. Of course, there are many parents who believe that sex education is best taught in the home or through a private counselor or a church / other religious institution.

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

In Virginia and other states, the summer heat poses a particularly dangerous risk to children. A child left unattended in a vehicle is at risk for serious personal injuries including death from hyperthermia, heat stroke, and other causes. Parents, day care providers, teachers, bus drivers, and others should never leave a child unattended on a vehicle for any period of time. Children lack safety awareness. This is especially true for elementary school and day care children. Schools, day care centers, and summer camps should have a policy / procedure, checklist, and a check / balance system to make sure that no children is left unattended or alone in a school bus, van, or other vehicle. Setting policies and following policies will save lives. Taking shortcuts or relying on pure memory and attention can lead to serious personal injuries to children. In Richmond, Virginia, officials are investigating an incident in which a five year child was forgotten or left on the a bus. The student was supposed to be taken to Summer Hill Elementary School. It was reported that the driver as a substitute driver who failed to or forgot to check the bus when it was parked. This was a policy in place for the school district. It is great to have policies. It is also important to train drivers on these policies and for the policies to be followed. You can read more about this story at Richmond Prosecutors and Police Investigate School Bus Incident.

For other articles on this issue, see also Greensboro, North Carolina Day Care Owner Sentenced for Hyperthermia Death of Child and Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

In Lufkin, Texas, a teacher's aide was arrested based on criminal allegations that she struck / hit a 4 year old boy. The incident took place at the Slack Elementary School. It was reported that another teacher's aide witness the acts of Debra Martin Fuqua (age 54). There were subsequent investigations of the incident by the school district as well as Child Protective Services. This was an interesting story in that the alleged criminal acts were witnessed by another school employee. Often times, a child has no such adult witness to step up and serve as a witness on the case. See Lufkin Texas Teacher's Aide Arrested.

The mistreatment of children in day care centers, schools, and homes is wholly unacceptable. Physical violence and corporal punishment cause physical personal injuries and often times long term psychological injuries as well.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The National Governors Association has selected Oregon and five other States to help promote and establish higher day care standards. States already have day care standards that address the health, safety, and welfare of the students. For instance, most states, if not all of them, have staff to child ratios for day care centers. In looking to go beyond basic standards, Oregon will be looking at other factors that will improve the day care experience for children. For instance, one such area would involve monitoring how a child retains information during story time. It appears that the day care program or model being considered or implemented by Oregon will look deeper into the day care experience of the child. You can read more about this story at Oregon Looking to Lead the Nation in Raising Day Care Standards.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When addressing playground safety issues, I thought it would be interesting to post an article from a child's point of view. My 11 year old daughter provided me with the following article on Playground Safety:

On the playground, kids just want to have fun. Boys like to play sports like football and soccer. Girls like to play on the jungle gym. The boys' games can get pretty intense and the girls' jungle gym play can get competitive.

The teachers monitoring the playground cannot see every child playing at once. Let's just say your child is participating in a football game at school during recess. There is a fifth grader on the other team while your child is only in the second grade. Your child may have the chance to catch the ball BOOM! The big fifth grader tackles your child. After the incident, the teachers come running toward your child. They call you, the parent, and tell you about the terrible occurrence.

Thereafter, you arrive at the school and take your child to the doctor. You then find out that your child has a broken wrist.

To avoid this happening to your child or another child in the future, you should ask your child what they were doing with their friends. If some activity taking place does not sound safe or appropriate, you should speak to the teacher and, if necessary, the principal about the dangerous activity.

You should ask that the school to provide close supervision of your child and other children during recess and other times on the playground. A school and its staff should always do their best to keep kids safe.

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

In California and other States, guns including pellet and bb guns have no place on campus or at the school or even near the school. In Whittier, California, a 10 year old boy purchased a pellet type of gun from an ice cream truck / ice cream man. Thereafter, he accidentally shot the pellet son at another student. Fortunately, there were no serious injuries that resulted from the incident. The matter was reported to school officials who later suspended the 10 year old student.

While there were no serious personal injuries reported, there was certainly a danger or risk of serious personal injuries any time that there is a child using a pellet gun without safety precautions and without adult supervision. There is also a danger that a police officer or other person could mistake a toy gun or a pellet gun for a real gun.

Parents, teachers, and other adults should do their best to educate their children on the dangers of both real guns and toy guns. Furthermore, selling items like a pellet gun from an ice cream truck near an elementary school is problematic. City officials could consider a city ordinance banning or regulating such sales. You can read more about this story at Boy Suspended from School in Whittier California Regarding a Pellet Gun Incident.

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

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations - K.A.R. 28-4-130 - Transportation (Pages 32-33), a child care center, that provides transportation, must provide safety restraints / seat belts for children as follows:

*each child care center vehicle shall be equipped with an restraint per each child;

*an infant, who is unable to sit up without support, shall be placed in an infant car seat or carrier that faces backward;

*a child, who is able to sit up with support, shall be provided with one of the following safety restraints or devices:

-shield type device;

-a car seat facing the front designed to hold a child weighing up to 40 pounds;

-a safety harness.

*a child, who is 4 years old or older OR who weighs 40 pounds or more shall have a lap belt. Shoulder straps should also be provided if the shoulder straps do not cross the child's neck or face.

Buses, according to Kansas regulations, shall not be required to be equipped with individual restraints if the bus transports only school age children.

If a child has been injured in a child care center vehicle accident, result of negligence, a child injury lawyer can answer many questions that arise when dealing with these matters.

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 Carl L. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, there are some remarkable teachers and school employees who are working hard to protect the safety and welfare of children. If a person decides to work in a school system, the safety of a children should be a paramount concern for teachers, administrators, support staff, volunteers, parents, and custodians. In Las Cruces, California, Jerry Rios, a custodian employed at César E. Chávez Elementary School is credited with saving a kindergarten child (Dominic Lujan) from serious personal injuries when the child's jacket was caught in the door of a vehicle in the car pool line. Rios, who recognized the danger of the situation, jumped in front of the vehicle to make sure that it stopped. Mr. Rios was later honored for his heroism and quick thinking by the school and administrators. You can read more about this story at Custodian Saves Kindergarten Student from Serious Personal Injuries - Las Cruces, California.

Schools, teachers, and other care givers should keep this story in mind when caring for children. During most of the time, supervision does not require this kind of heroism but it does require that the teacher / staff member be alert, conscientious, and proactive so that the children are safe and kept out of dangerous situations during the school day.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Mexico and other States, school buses transport students to and from school throughout communities large and small. For the most part, children are safely transported without incident or injury. Unfortunately, at times, a child suffers serious personal injuries while riding a school bus. Some child personal injuries result from an automobile accident. Some result from the unsafe driving of the bus driver. Other incidents or injuries that take place on a school bus result from fights and / or aggressive behavior from other students. The Las Cruces Public School district will be investigating this incident. Unfortunately, there were no video cameras posted on this bus.

Each school district has policies and procedures for student conduct and bus driver supervision for transportation on school buses. It is important for both the students and the drivers to obey and follow these rules. You can read more about this story at New Mexico Child Suffers a Skull Fracture While on School Bus.

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

In California and other states, there are thousands upon thousands of child sexual predators out there. Some live on our streets. Some teach in our schools. Some even serve on our school boards. Yes, you read that correctly - some child sexual predators are even school board members. In Rio School District (Ventura County), school board member, Brian Martin (age 49), pleaded guilty to sexual abuse of a minor child and to child molestation charges. The abuse took place over a 5 year period. It is quite disturbing to know that a person who was setting and enforcing school board policies was actually a child predator. You can read more about this story at CA School Board Member Pleads Guilty to Sex Abuse.

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

Most school buses are readily definable. They are yellow with big bold letters - SCHOOL BUS. Despite the bright color and large lettering, many drivers still tend to ignore school buses when they stop and zip by them. In Cobb County, Georgia, the school district has installed cameras on school buses. If you zip by a school bus in Cobb County and violate traffic laws, you could get caught and could be fined. The fact that you could get a big fine is a deterrent. A bigger deterrent to drivers should be the fact that violating traffic laws near school buses puts children at risk in Cobb County, Georgia and other parts of the United States. Slow down and stop when required near school buses. Tragically, children die every year at school bus stops and crossings every year. Taking a few extra seconds or minutes to get to where you are going can help save a child from serious personal injuries and death. You can read more about the cameras installed on Cobb County, Georgia School Buses at Pass a Georgia School Bus? A Camera May Catch You.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wilkinsburg, Pennsylvania, police reported that an 8 year old brought bags of heroin to school and passed out some of the heroin stamps to the children. Unfortunately, students bring dangerous items to school every day including drugs, alcohol, and weapons. Teachers and school staff should always be on the lookout for these dangerous items. Timely and consistent supervision can prevent many personal injuries and accidents from happening at school. You can read more about the incident that took place in Wilkinsburg, Pennsylvania at Police - 8 Year Old Child Brought Heroin Into Elementary School.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, schools have budgetary problems that have resulted in the slashing of physical education and recess programs. Some studies suggest that an active child, who gets some breaks during the school day for recess and / or physical education, may be able to concentrate better and perform better in school. In the United States, there is a nationwide problem with obesity and school children. Both schools and parents need to encourage and provide children with a reasonable amount of physical activity, recess and play. You can read more about this story and these interesting studies at Study: Physical Activity in Schools Can Help Boost Performance.

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

In Houston, Texas, police have charged a school teacher with a hit and run incident. The driver claims that she left the scene because there was a mob that had gathered and she feared for her safety. In leaving the scene of this pedestrian accident, there may have been evidence that left the scene with the automobile. When there is an automobile accident involving personal injuries, a person has a duty to remain at the scene of the automobile accident. There are similar laws in other States as well. It is certainly tragic that a young child (Destiny Garcia - age 8) died as a result of this incident. It is a loss that parents and family members will suffer for many years to come. You can read more about this story at Teacher Charged in Hit and Run Accident in Texas.

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

In New York and other States, bus drivers, day care providers, and child care workers continue to forget children on school buses and school vans. What would appear to be a simple task of having every child exit the bus still cannot be completed by some people. A simple checklist or policy and procedure would prevent the problem of leaving a child unattended on school bus. In Brooklyn, New York, it was reported that a school bus driver and a matron left a 2 year old child on a school bus. A bystander noticed the child crying and located a nearby school security agent. Fortunately, after being evaluated at a local hospital, the child did not appear to suffer any serious personal injuries. You can read more about this story at New York 2 Year Old Left Alone on a School Bus.

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

In Alabama, Erica DeRamus attended her prom in a dress that her mother approved and liked. School officials did not like the dress and determined that the prom dress violated the student dress code. Erica and other students were given one of two options for punishment: 1. Three day suspension OR 2. Paddling. Erica choose the suspension while others opted for the paddling. Many parents do not realize it but corporal punishment is still on the books for many school districts in Alabama and other States. To get paddled over a prom dress seems extreme and excessive. Yes, the school district did give the students the option of the two forms of punishment; nevertheless, the punishment seems extreme either way for an issue or debate over a prom dress. You can read more about this story and see a video at the Huffington Post Website at Alabama Student Choses Suspension Over Paddling for Punishment Involving Prom Dress.