Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network
During the summer months it seems pretty easy to keep in tune with your children. Sports activities, family vacations, and days at the pool help create a strong family bond. But once they leave for that first day of school in the fall, it can be much harder to continue the same level of involvement in their lives. But it is worth it. Many studies have shown that parental involvement helps your kids learn more effectively.

Many schools and school groups, like the Parent Teacher Alliance (PTA), work hard to offer parents opportunities to become more involved in their children’s school experience. The following are five tips parents can use to keep involved with their child’s school and help improve their overall educational experience:

1. Ask lots of questions, and listen to the answers. Your child is discovering many new things every day at school. Put aside your grown-up worries for an hour or two and listen to what they have to say.
2.Keep in touch with the teacher. Knowing and keeping in touch with your child’s teacher is the most effective way to keep abreast of your child’s progress and to get a handle on any problems he or she might be having.
3. Join the PTA. The PTA is very involved with what happens at your child’s school. Talking to other parents and keeping abreast of what is going on help you be more involved.
4. Provide encouragement. Report cards only come out a few times a year, but every day is a new opportunity to encourage your child to do their best.
5. Don’t forget about after school activities. Sports teams, music and drama, the YMCA, Boys and Girls Club, and church activities all offer productive and enriching activities for kids after school lets out.

Read more details about each of these tips at Good Parents Stay Involved.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the Blackhawk Area School District - Pennsylvania, a mother is upset over an incident that recently took place when her daughter was dropped off at the wrong bus stop without any supervision in the cold. Fortunately, the child did not suffer any serious personal injuries; however, the incident placed this child at risk where injuries or harm could have resulted. It appears that there was some kind of breakdown in communication or action on the part of the school, day care, and / or bus company that resulted in such a traumatic situation for this 7 year old girl and her family. While tragedy was avoided, this incident will be a good teaching point for the school, day care center, and bus company so that similar incidents are avoided in the future. You can read more about this story at Mother States that Daughter Was Dropped Off At Wrong Stop Without Any Supervision.

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

Fourteen year old Ke-Marice Hunt of Dallas Texas, had been terrorized by bullies at school for at least a month, ever since he started classes at Jackson Middle School. His grandmother, Robin Brooks, and mother, Lisa Brooks, taught the boy to run away if there was more than one kid after him; they did not want him getting into a fight.

So when five other boys wanted to start trouble with Ke-Marice recently, he did what his family taught him, and tried to run away from the other boys. Tragically, Ke-Marice was hit by a car as he was crossing a busy street to get away from the pack of bullies. Reportedly, one of the children who had been chasing him tried to help him after he was hit, but then ran off with the other boys.

Ke-Marice suffered a fractured spinal cord, concussion and a laceration on his ear that required eight stitches. The family plans to press criminal charges against the five bullies who chased Ke-Marice into the street. They believe that the bullies need to learn that their actions have consequences. Authorities are still trying to identify and locate the five boys involved in the chase. Read more details of this story of bullying turned criminal at Car hits teen trying to outrun 5 bullies in Oak Cliff.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Heavy fog had reduced visibility on Highway 15 in Dassel, Minnesota to an eighth of a mile, when a truck slammed into the back of a school bus stopped at the intersection. Seventeen Dassel-Cokato school children were on board; eight were taken to the hospital. The driver of the truck was not injured.

One of the children, eleven year old Alexis Iverson, suffered serious injuries as a result of the accident. Alexis suffered head and neck injuries and will not be able to play sports until her neck brace is removed.

Several parents of children involved in the accident have said they are unhappy with the school district’s decision to have school in spite of the poor weather. They believe that the decision put their children’s lives at risk. Other districts in the area delayed starting for two hours to let the fog clear.

Parents were also upset that they were informed that all of the injuries were minor and that the children would be fine, despite the fact that Alexis was in the ICU being treated for her injuries. The angry parents are calling for a change in school policy regarding school cancellations or late starts.

A representative for the school district has said that they will continue to make decisions on a case by case basis. Read more about the crash and its aftermath at News Child Was Hurt In Bus Crash Upsets Parents.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After a ninety day investigation into abuse and neglect charges, Paul Jensen, a former Special Needs teacher, was charged with two counts of unlawful neglect towards a child or helpless person. He turned himself in to police.

According to the findings of the investigation, in October 2009, Jensen placed a plastic bag near a student’s face while working as a teacher at Edisto High School in Orangeburg County, South Carolina. He also allegedly tackled a Special Needs student a few months earlier. Jensen was placed on unpaid leave after the incident in October and is no longer employed by the school district.

The victim’s guardian says that he is upset about the alleged incident, and fears that his child will be scarred for life. He says that the incident has also affected the child’s sister. When parents send their children to school they have a right to expect that employees of the school will protect their children and give them a safe environment.

When a school fails to provide a safe environment for a vulnerable student, it can had adverse effects on the child, his family, and the community. Keep up to date on the details of this case by visiting Former Special Needs Teacher Arrested.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Dr. Ben Leichtling is the author of the book “How to Stop Bullies in Their Tracks.” He recently posted a blog article in response to a parent whose four year old child was being bitten and punched by a classmate. The parent felt that the other child might be too young to realize what he is doing, and the fact that the school has done nothing to discipline the child has made the mother feel that maybe she is overreacting to “normal” kid stuff.

Dr. Leichting gives some advice that all parents can benefit from. He says not to think too hard about the other kid or the school. He said to think about what type of environment your child should be in and whether he or she should be subjected to physical abuse by another person under any circumstances. He suggests asking yourself if it is appropriate for teachers and administrators to ignore abusive behavior and turn their back on a child who is being hurt.

Parents should not wait until they get pushed to the limit to make their voices heard. Children are not able to protect themselves, so it is the parents' responsibility to do so if the school will not. Parents, whether on their own or with a group of other parents, need to go to administrators and let them know that they will not tolerate abusive actions toward their child. Parents need to be clear that an apology is not enough, that the aggressive child needs to be disciplined to either stop the behavior or be removed from school. Parents need to be willing to do whatever it takes – even going to the media or removing their own child from the school.

It is important to keep in mind that discipline is helpful to the aggressive child as well. Children who are not taught to behave appropriately at a young age will suffer disciplinary problems and risk becoming a social outcast or criminal. Read more about how to deal with bullies at Stop Bullying by a 4-Year Old.

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

Toys can and do cause eye injuries every year. During the holiday season, a Christmas Story has become a classic. It is a movie about a boy named Ralphie who has a wish to get a special BB gun for Christmas. He wish comes true and he goes into the back yard to shot the gun. Sure enough, when he finally gets to use his gun, he suffers a minor eye injury. It was scary for Ralphie. He cried and ran to his mother. While the movie, The Christmas Story, is a warm hearted comedy, there is a serious problem and danger with toy related eye injuries. The Georgia Optometric Association posted a helpful article at the The Daily Citizen (Northwest Georgia) Website. Parents, child care providers, and teachers should use their best efforts to prevent eye injuries from occurring. In doing so, dangerous toys should be removed and close supervision should be provided to make sure that accidental injuries do not otherwise take place from common items like pencils, pens, sticks, sharp objects, and other items or toys.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Tiffany Williams’ autistic six-year-old son, Dante, did not return home from school one Wednesday afternoon, she called up the Carter and MacRae Elementary School, where Dante attended, to find out where he was. A bus driver, who was not the driver of Dante’s bus, brought the child home unharmed. That driver told Ms. Williams that Dante had been found, sound asleep, on the bus he was taking home from school that evening. Dante’s driver apparently failed to make the required check of the bus seats at the end of the route, and did not realize that he had not brought Dante home.

The Lancaster County, Pennsylvania school district has called this an “unfortunate incident” and has fired the negligent driver. The remaining drivers were given a refresher course on company bus driving protocol, emphasizing the check of the bus seats when dropping children off at school in the morning and at the end of the route in the evening.

While this story had a happy ending, leaving a child unattended in a vehicle can be fatal. In 2008, there were 42 reported deaths of children resulting from being left in cars and other vehicles. Heat stroke can kill a child in a matter of minutes on a hot day. Hopefully the extra training for the other bus drivers in this case will prevent this type of event from occurring again. Find out more about Dante and his ordeal at Autistic boy left on school bus; driver fired.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Kickball is a popular elementary and sometimes middle school game that has been around for years. Typically, the game is played without incident or injury. Unfortunately, children are injured playing kickball and other schoolyard games. A school district can be held liable or responsible for the injuries if the game is not safely organized or if there is improper or inadequate supervision that leads to injury. It is the responsibility of the physical education coach, teacher, and or aide to make sure that playing fields are safe, free from hazards like above ground sprinklers, exposed rocks or fences, holes in the ground, or a grossly uneven playing surface. If a child suffers an injury as a result of negligence, a child can then pursue a case or claim against the school district. Of course, the laws of each State differ. Furthermore, each school district has its own rules and regulations that should be reviewed to determine compliance with the same.

In Mankato, Minnesota, a lawsuit was recently settled involving a fractured ankle. It appears from the story published at the My Fox 9 Web site that the field equipment, namely the kickball base which was merely a folder, was inadequate or unsafe for play. You can read more about this story at Mankato School District Settles Personal Injury Lawsuit.

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

A four year old boy, Jonathan Vasquez, was killed in a hit and run accident in front of his school recently. The child was riding a scooter to preschool, with his grandmother and older brother walking behind him, when he was hit while crossing the street that leads out of the school parking lot. The driver of the car fled the scene, dragging the boy’s body behind him for a short distance. Because the accident occurred just after the first morning bell, there were few witnesses and the police do not have a good description of the car or the driver, who has only been described as a man with a dark complexion.

Drivers need to be extra cautious around schools and parents need to hold children’s hands when walking in parking lots or crossing streets. Child safety experts warn that drop off and pick up at schools are the most dangerous places for young children, and estimate that about half of all children struck by cars near schools are hit by other parents. School administrators and teachers should remind parents that they need to slow down and drive with caution, and keep their mind on their driving instead of the day ahead. Parents and others picking up children at school should leave the house ten minutes earlier so that parents are not feeling rushed when dropping their kids of at school. And of course, it is always a good idea to hold a child’s hand near traffic.

North Sacramento Police have asked anyone with information about the accident to call Crime Alert at (916) 443-HELP. Callers can remain anonymous and might be eligible for a reward of up to $1,000. You can read more about this hit and run accident at Child's hit-run death in North Sac spurs school safety warnings.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maryland and other States, schools should be a safe haven for children. Schools should be a place where children are able to learn and grow in an environment that protects their safety and well being. Unfortunately, at times, schools are crime scenes where children are assaulted, beaten, and robbed. In Cambridge, Maryland, WBOC TV 16 reported that a 15 year old student was beaten and robbed in the bathroom of Cambridge South Dorchester High School. School officials and the police have identified two other students who were believed to commit this crime.

Schools cannot prevent every senseless act of violence. It is especially difficult to prevent these kind of incidents in secluded places in schools like bathrooms. It was reported that the student was robbed of his mobile phone and money. While it is common to have both money and mobile phones in schools, students should be careful when carrying such items as other students may seek to steal these items at school.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A special needs teacher at a South Carolina Elementary School, Rosemary Mills, has been arrested and charged with unlawful conduct toward a child. She was reportedly witnessed by a parent of one of the other children, screaming and grabbing the child by the back of the neck and forcing the child down into a chair. She then allegedly told the boy to get up and put his book bag away, and then shoved him once he stood up. The parent reported the incident to the school, and Mills was placed on administrative leave. Nancy Britt, director of human resources for the school district, filed a police report sometime later.

Many of the parents of children presently and formerly in Ms. Mills’ class have come to her defense, extolling her virtues as a teacher, and questioning the motives of the unidentified parent who reported her alleged abuse of the child. No matter the outcome of the case, schools should be safe havens for special needs children; it is important for a child to know that school is a place for learning and nurturing rather than a place for violence, assault, battery or attack. Parents and school officials who suspect abuse have a responsibility to report it to the proper authorities so that a thorough investigation can take place.

Find out more about this story at Special-needs teacher arrested.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Upper Darby, Pennsylvania, three middle school children recently suffered injuries as a result of a woman who served to attempt avoid crashing into a traffic jam. The students attended Beverly Hills Middle School. Action News ABC reported that Jemel Brunswick and Tyler Lowery were injured in this automobile / pedestrian incident. The third boy, named Beyene, was reported by his father (Beyene Beyene) to be in a coma at a local hospital. The driver carelessly drove across three lanes of traffic, then hit the boys, and then kept on moving until hitting the third boy 15 yards away. According to police, the driver finally slammed into a parked car and then finally came to a stop. See ABC 6 Action News - Three Children Hit by Car in Upper Darby Pennsylvania School Zone.

Of course, the driver will have the right to defend herself on any charges or citations issued. In many instances, not all of the details are readily available at the time that a news story is published, posted or reported. From the facts reported, it does appear that the driver failed to maintain control of her vehicle and failed to drive at a safe speed in a school zone.

It is important for all drivers to slow down in school zones. School zones are especially busy in the morning and afternoon hours. On some days, there are early dismissals. As such, the dismissal time may vary according to both the school, age of the children, and day of the week.

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

Three young children were hit by a car in California recently, when a truck stopped to let them cross the road and the impatient driver behind him tried to go around rather than stopping. The children were not seriously injured, but parents are upset because there are traffic signals installed at the intersection – and they have been disconnected for about two years. The parents believe that traffic signals would have prevented the accident. The intersection is near both an elementary and a middle school and is used heavily before and after school. According to police records, of the ten people hit by cars in the city this year, five were children.

According to the Contra Costa City engineer, Jason Vogan, the lights were covered because they could not be timed correctly to prevent a possible traffic backup over a nearby railroad crossing. The city has been trying to deal with the railroad to get the proper permission to re-start the lights. In the meantime, busy school intersections are monitored by a few police officers and school personnel. Both school officials and police believe that many accidents are caused by impatient parents picking up their kids.

All drivers and especially parents should use extreme caution when driving near a school. Many automobile accidents / pedestrian injuries can be avoided by drivers being more patient and aware when children are present. Find out more about keeping kids safe on the way to and from school at Signs left unused leave pedestrians out to dry.

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

In Mississippi and other states, people run businesses out of their homes. Some businesses are day care centers. Typically, caring individuals and family operate home based day care centers. Unfortunately, there are other day care operators who put children at danger by running drug operations and conducting other illegal activities at the day care center. Recently, drugs and pornography were discovered at a home which also served as a day care center for your children. Investigators and authorities found chemicals and meth lab materials as well as needles and other gear used to manufacture meth. It is well know that meth is highly toxic and labs are high flammable. As such, the possession and / or manufacturing of meth at or near a day care center definitely poses a health hazard to children.

Neighbors are understandably concerned about the allegations against the day care owners. Having a meth lab is dangerous to neighbors as well. Drug operations tend to bring in other violent crimes when there are disputes over drug money or the drugs themselves. In addition, people, who sell and manufacture drugs, often times are users as well. It certainly is not safe for anyone to have drivers zip through neighborhoods high on meth or other drugs.

Police and narcotic authorities have a tough task to clean up neighborhoods and day care centers that put children at risk for harm. You can read more about this Mississippi day care center at Neighbors Upset Over Meth Arrests - Day Care Center.

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

A former Wyandotte school teacher is facing criminal molestation charges. In Ottawa County (Oklahoma), District Attorney Eddie Wyant stated that the charges stem from molestation allegations against two former students of Brian Matthew Rash, now age 38. Mr. Rash was arrested in Missouri and will be extradited back to Oklahoma to face these charges. According to a news story posted at the Oklahoman Newspaper Website - www.newsok.com -, two students have come forward with allegations that Rash molested a number of times. One child reported that the incidents took place when he was between the ages of 10 and 13. The other child reported that the molestation began when he was in the 5th grade. Police investigators even obtained an Affidavit from Rash's ex wife who stated that Rash "loved" one of the students and "could not imagine life without him".

It will be interesting to see what other evidence is gathered against Rash.
Furthermore, it will be interesting to see what Rash admits to if anything. Of course, Rash will be entitled to defend himself against these charges through a private or court appointed criminal defense attorney.

It is disturbing that there continue to be reports and incidents of teachers and coaches who molest and rape students. Teachers and coaches are in a position of trust and should not misuse this trust and position to abuse children.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Areas near schools and school bus areas can become quite congested during morning and afternoon hours. When there is a high concentration of children, there are dangers in high traffic areas. In Portland, Maine, parents of high school students are quite concerned about the safety of their children. Parents as well as high school principal (Michael Johnson) are urging city officials to mark off areas as a school zone so that drivers are mandated by law to slow down in the area near the high school. City officials, according to a story posted at The Forecaster Newspaper website, claim that the street in question (Cumberland Avenue) is a state road and as such there are limitations or restrictions of action by city officials.

Hopefully, some remedial changes will take place in the near future which may include a school zone, flashing lights, signage, crosswalks, and crossing signals.

With or without a designated school zone in place, all drivers in Maine and other States should slow down any time there is a congregation of children in the area.

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

School bus drivers and teachers have a duty to provide for the education and safety of children. When a person takes a job of such importance and responsibility, it is vital that the person is mature, ethical, and has common sense. The purpose of these supervisory jobs is to watch or care for children not date them. In various States including Georgia, there have been reports of teachers and other school employees have inappropriate relationships / sexual relationships with students. In Georgia, the age of consent for sexual intercourse is 16 years old; however, there are exceptions to the law if an adult has a supervisory position like a teacher or bus driver over the student. In Union County, Georgia, Jacqueline Connally, age 22, was recently arrested for having an alleged inappropriate relationship with a student according to a story posted in the Atlanta Journal Constitution Newspaper website. At the time of the incident(s), the student was 16 years old. Another student had reported the relationship to authorities. The news story did not report what evidence other than this testimony would be presented to support the charges. In other cases throughout the nation, valuable evidence was presented after obtaining records from mobile phones an Internet Service Providers as well as from sites like Facebook. There are often times an electronic trail of evidence to support these crimes / inappropriate relationships. Teachers and other school district employees should focus on their jobs and date or avoid inappropriate relationships or the appearance of inappropriate relationships with students.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Julie Powell picked up her children, Carter (18 months) and Konnor (3), from the Toddler Escape Drop-In Child Care in Billings, Montana, nothing seemed out of the ordinary. It wasn’t until she received a call from Billings police later that night that she found out what had happened to Carter earlier that day. A passing motorist on busy Central Avenue had spotted the child wandering around in the street and returned him to the daycare center.

Powell found out, only after the incident, that drop-in daycare centers are not regulated the same way as licensed daycare centers. The state of Montana does not inspect or license drop-in centers. Powell attempted to file a complaint with the state’s child care regulation office, and was told that she needed to call the child abuse hotline. The Child and Family Services Division of the Department of Health and Human Services would conduct a child welfare investigation privately. There would be no mention of the charges or investigation in the state’s searchable database of licenses daycare facilities, since drop-in centers aren’t licensed.

This case highlights the need for parents to do thorough research before selecting a child care facility. Simply visiting the facility and making sure that it looks clean is only the first step. Checking with the appropriate state department about the status of the center’s license (and whether they are even required to have one) can help parents feel more confident about who is caring for their children.

Find out more about this story at Toddler escapes daycare, found on busy street.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Zachary Christie, a six-year-old first-grader, was suspended and was facing 45 days in an alternative school for troublemakers for taking his favorite camping utensil to school. The utensil was a combination knife/fork/spoon that the child had planned to use to eat his lunch. The child was expelled under the school’s guidelines for dealing with children who bring weapons to school or commit violent offenses.

After public outcry, the school board voted to change the penalty for kindergartners and first-graders to a 3-5 day suspension. Zachary’s punishment was one of many recent incidents that have called into question schools’ zero-tolerance policies.

Of course, the school district has a responsibility to protect students from weapons and aggressive behavior. They can be held liable if a student in injured while at school. But the need for common sense to take precedence over blindly following the letter of school policy is obvious in this case. Assessing incidents on a case by case basis rather than reacting to all incidents with the same harsh punishment actually creates a safer and more stable environment for children.

Find out more about this story at Delaware 1st Grader Has 45-Day Suspension Lifted.