Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Recently, five toddlers and three adults were hospitalized after becoming ill from carbon monoxide fumes at a Pittsburgh, Pennsylvania day care center. Employees at the Community Preschool and Nursery, located on the North Side, call 9-1-1 after several people complained of dizziness, headaches and nausea. Oxygen was administered to victims at the scene before it was decided hospital treatment was needed. Emergency physicians and paramedics tested the blood of those people in the building, which revealed the high levels of the gas. Three children were transported by ambulance to Children's Hospital of Pittsburgh of UPMC, the two other children were taken by private automobiles. The three adult victims were able to walk the half-block to Allegheny General Hospital. The cause of the leak was pinpointed to the furnace in the daycare center's building, the leak could have potentially been deadly. In order for repairs to be made the gas company has suspended service to the building. For more read 5 children and 3 adults escape poisoning after carbon monoxide leak in daycare center building.

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

Seven children had to be evacuated from a residential day care center in Alameda, California, after a fire broke out at the center. Fire fighters were able to extinguish the flames within 30 minutes and, luckily, no one was hurt or personally injured in the fire at Marva's Happy Town FCC. Marva Lyons, owner of the day are, said all the children were taking naps when the fire broke out. The day care center also serves as the home for Lyons, her adult daughter, and 6-year-old granddaughter. Lyons said she went upstairs after she heard a pop and immediately saw the amount of smoke. Lyons waited down the street with the children while fire fighters searched for hot spots inside the home. Also while waiting, Lyons was hurriedly flipping through her contact book to notify the parents of the children about the incident. Acting Fire Chief Mike Fisher said the fire began upstairs, and although there were not many flames there was a lot of smoke. The cause of the fire remains under investigation. For more read 7 children safely evacuated after fire breaks out in Alameda, California day care.

Owners and operators of residential day care centers, as well as non-residential centers, need to ensure that their facilities are properly equipped with smoke and fire prevention devices. Every child care center should have properly installed and working smoke detectors.

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

Three children were tragically killed in a kitchen fire that occurred at the children's Houston, Texas, residential daycare. Rick Flanagan, spokesman for the Houston Fire Department, said the victims ranged in age from 18-months to 3-years-old. The day care's operator, 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas' child care rules, Tata should not have been caring for more than 6 children older than 18-months. Michael McAndrews, a 50-year-old witness who lives near the residential day care, said Tata stated she went to the bathroom at the facility and upon returning the kitchen was on fire. When firefighters arrived at the scene, Tata and two injured children were outside the flaming home, the other five children were trapped inside. Firefighters had to use thermal imaging cameras to find some of the children. Firefighters had to perform CPR on 4 children, who were unresponsive. Some children sustained burns while others suffered from smoke inhalation. Jennifer Hart, spokeswoman for Children's Memorial Hermann Hospital, stated that one child was transferred to the Shriners Hospital burn center in critical condition and two other children were at a Houston hospital, one also in critical condition and the other in good condition. Around a year ago, the facility, which is registered as a "child-care home," was cited by the Texas Department of Family and Protective Services' Child Care Licensing division for not having a fire extinguisher. DFPS spokeswoman Gwen Carter said Tata had correct the problem. For more see 3 children tragically killed in a Houston, Texas, child-care home kitchen fire.

The deaths of these children are tragedies for their families and communities. Adult-to-child ratios are limited to enable the adult to provide adequate and proper supervision of each child in his or her care. Child supervision is key, if not primary, method in the prevention of child personal injuries and injury-related deaths in Texas Day Care Centers.

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

It is well known that children are curious. Unfortunately, many children also do not recognize the dangers of lighters and matches. Child's play with flammable producing items like matches and lighters can lead to dangerous fires that can and do cause serious personal injuries and death. In Brooklyn, New York, it was reported that a fire started by a child playing with matches caused the death of a 4 month old baby girl named Aniyah Vaughan. See Child Playing with Matches Caused Fatal Brooklyn Blaze. Firefighters responded to the scene and were able to get Aniyah out of the building. Unfortunately, Aniyah later died at the hospital.

Parents, teachers, day care providers, and others who supervise or care for children should keep matches and lighters out of the reach of children. While a child may know not to play with matches and lighters, they still do. The best safety measure is to remove the items from the reach of children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Redmond, Washington, a tragic fire was reported that involved the unfortunate and tragic deaths of 4 children and 1 adult. The incident took place on January 1, 2011. The blaze resulted in the response of six fire departments as well as fire investitors from the Bureau of Alcohol, Tobacco, Firearms and Exposlives. There was no indication from the initial inspection or response to the scene that the fire was intentionally set or that there was criminal activity involved with this fire or the resulting deaths.

The building that caught fire was described as a three story complex in Redmond, Washington. The building reportedly had smoke detectors but no sprinkler system which was not required by the the building codes at the time that the building was constructed.

Fires seem to be more prevalent in Winter months as opposed to other times of the year due to the use of fireplaces, heaters, portable heaters, and other items that may lead to uncontrolled and deadly fires. You can read more about this story at 4 Children, 1 Man killed in Seattle, Washington Suburb Fire.

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

Unfortunately Mississippi has been ranked as the State with the highest rate of child deaths in the nation. This is a distinction or ranking that no State would ever relish or want. The Child Death Review Panel for the Mississippi Department of Health has a mission to study the death rates, causes of death, and work to reduce these numbers or statistics. Each year, the Mississippi Child Death Review Panel studies these very important issues and then makes recommendations in hopes of preventing deaths to Mississippi children from causes or dangers that can be removed or lessened through the work and efforts of parents, care givers, driver, and health care providers. See Reporting and Bringing Down Child Death Rate in Mississippi. The various causes of death to children in the State of Mississippi included the following:

SIDS (Sudden Infant Death Syndrome);

Automobile Accidents (accounted for the greatest number of preventable deaths);

ATV (All Terrain Vehicle) Crashes;

Firearm or Shooting Accidents, Incidents, and Homicide;

Fire Deaths; and

Child Drownings.

The death of a child takes a toll on a family and the entire community. Statistics are just numbers. While these are important numbers and studies, they do not account for the number of lives that are affected or the impact that the deaths have on the parents, siblings, and other family members.

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

A new fire code regulation in Montgomery County, Texas would require daycare operators to install fire alarm systems with manual activation systems. Several daycare providers have taken issue with the new regulation, saying that it would place an unfair financial burden on their businesses.

Concerned daycare owners and operators went before county commissioners recently to ask that existing facilities be grandfathered under a November 2007 fire code. Becky Williams of Kiddie Cabin Daycare testified that retrofitting her center with the new fire alarms would cost up to $10,000. She went on to say that she has installed fire detectors in every room of the center, and that she performed fire alarm drills with the children every month.

The county Fire Marshall stated that he is required to inspect daycare centers for compliance once a year on behalf of the Texas Department of Family and Protective Services. He said that he will begin using the Life Safety Code, which was adopted by the Texas Department of Insurance in October of 2009.

Protecting our children is a priority, but of course it cannot come at the expense of driving daycare centers out of business. Any regulations that better protect children should be considered very carefully before being thrown out for strictly financial reasons. It will be up to the Montgomery County commissioners to decide whether to exempt or grandfather any businesses under the new fire codes.

Read more about this Texas showdown over new fire code regulations at County to revisit daycare issue.

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

Lighters are common household items. It should also be noted that lighters are very dangerous in the hands of a toddler or child. In North Carolina, a 2 year old boy suffered third degree burns after he lit his clothes on fire from a lighter. The boy's parents were charged with negligent child abuse resulting in serious bodily injury. Investigating officers observed marijuana and other drug paraphernalia at the the home. The incident may have occurred after the parents had smoked marijuana.

The boy was airlifted by helicopter to a hospital at the University of North Carolina. You can read more about this story at North Carolina Boy Airlifted for Burn Injuries from Lighter.

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

Many of us can remember our parents telling us not to jump on the bed when we were kids. It turns out that they were not just being spoilsports; a vigorous bed jumping session in Massachusetts recently started a house fire that burned down two homes and damaged a neighboring apartment building. The blaze did not seriously injure anyone, but the homes destroyed were three-family residences and the apartment building had to be evacuated as well, so it left thirty-three people homeless just in time for the state’s first snowfall.

Brockton Fire Lieutenant Edward Williams explained how they believe the fire was started; the bed the children were jumping on was against a wall, and between the wall and the mattress was a cell phone charger that was plugged into a wall outlet. The vigorous jumping on the bed repeatedly jammed the heavy mattress into the charger, damaging the cord and causing a spark that set the bed, and the rest of the house, on fire.

It it likely that neither the children nor their parents had any idea that a bout of youthful exuberance would end in such a terrible fire. But parents everywhere can learn from this story and make sure that, even if they cannot keep their kids from disobeying house rules, they can keep electrical devices out of harm’s way. Find out more about how jumping on the bed can cause a fire at Children Jumping On Bed Sparked Brockton Fire.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Center for Disease Control and Prevention collects and publishes data regarding child injuries and deaths for Delaware as well as other States. According to the CDC, transportation related injuries had the highest death rate among children ranging in age from 0 to 19 years old in Delaware. It is tragic when a child dies. Other categories reported by the CDC were drownings, falls, fire/burns, poisoning, and accidental suffocation. Co-sleeping arrangements can, in some cases, cause suffocation related death or injurires to children. See Infants in Wisconsin and Other States at Risks for Personal Injuries and Accidental Death When Co-Sleeping with Parents or Others.

It is a great loss for the family, friends, school, and the community. In Delaware, drivers should obey traffic laws and operate vehicles according to the road conditions and traffic. Safe driving can help prevent many deaths and injuries to children. Other types of accidental injuries to children can be prevented or at least reduced with better child care supervision. In an effort to help reduce the incidents of child injuries, the CDC publishes tips and advice for parents, caregivers, teachers, and others charged with the responsibility for supervising and or caring for children. See Road Traffic Injuries - The Reality for tips regarding topics like car seats and teen driving. See Falls - The Reality for tips regarding safety at play, home, and while participating in sports.

Prevention is key to preventing the pain, suffering, and, in some cases, death to children. If a child is injured or dies due to the negligence of a care provider, school, day care center, or medical provider, a child injury lawyer can provide consultation and advice as to the legal responsibilities and rights associated with such a matter.

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

In Portland, Oregon and many other school districts throughout the United States, there is a good reason to have a fire drill / evacuation plan. Plan and simple, it saves lives. Fire swept through the Marysville Elementary School just prior to Noon on a Fall 2009 day. Fortunately, school staff members and firefighters successfully evacuated every single student from the school. While the historic school sustained heavy fire damage, no lives were lost in this fire. The Marysville Elementary School fire shows how an effective evacuation plan can protect children and teachers as well. You can read about this story at >Students / Teachers Escape Fire at Marysville (Portland) Elementary School.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In December 2008, an electrical space heater caused a fire at the Heavenly Angels Daycare in Alamo, Tennessee. The fire injured three children: two two-year olds and a three-year old. The children were rescued from the fire by Alamo Assistant Chief Kevin Sugg, who was off duty at the time. All three were treated for smoke inhalation, and the three-year old also had burns on his face. The owner, Kathy T. Humphrey, was charged with child abuse and neglect of a child under the age of six.

At the time of the accident, Humphrey and two other women had already been cited by the Tennessee Department of Human Services for operating a childcare agency without a license. Humphrey pleaded guilty to the abuse and neglect charges and was placed on unsupervised probation. The standard two-year sentence was suspended.

Daycare centers should be a safe and loving place for children to go while their parents are at work. This case highlights how important it is for parents to thoroughly check into their daycare provider’s reputation, facilities, and license status. If a parent finds that a daycare center is operating without an appropriate license, they should report them to the proper authorities so that tragedies like this one can be avoided.

If you are interested in the details of the case, please visit Guilty plea in day care fire

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

In Prince George County, Maryland, firefighters responded to a fire at an apartment complex. It was reported at the Firefighting News website that the fire was brought under control in 7 minutes. Children from a day care center were evacuated for safety reasons and the risks of injuries from fire / smoke inhalation / and / or danger from the damaged building. No injuries were reported.

This incident shows the importance of having evacuation plans in place when there is an unexpected emergency or incident like a fire. While fires in or near day care center will not happen at every day care center, these incidents cannot be predicted. It is far better to be prepared for an event like a fire rather than rely on probabilities and statistics. When a child's safety is at risk, planning and procedure are of paramount importance.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Centers for Disease Control and Prevention (CDC) has a division called the CDC Injury Center that has a goal or mission of educating parents, caregivers, and others as to the risks of injury to children. The information distributed by the CDC can be used to help prevent or reduce the incidents of serious personal injuries and death to children. In many instances, simple safety precautions and supervision will help better to protect children in the home and the community.

The CDC provides valuable information as to the following issues / topics:

Child Mistreatment, Abuse, and Neglect, Child Passenger Safety, Fireworks Related Injuries, Playground Related Injuries, Poison Related Injuries, Fire Related Injuries,
Suicide, Traumatic Brain Injury Water Safety Young Drivers, and Youth Violence.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network In Bel Air, Maryland, a fire struck and destroyed a day care center - Celebree Learning Center. It was reported that the fire may have started in the bathroom. At the time that the fire was observed, there were 15 staff members and 55 children in the facility. Fortunately, all staff members and children were able to exit the facility. There were no deaths or serious injuries reported as a result of this fire. This story shows the importance of responding to a fire. Apparently, the staff at this facility were able to gather the children together and exit the facility. There were no children left behind or forgotten as the staff and children evacuated the facility. You can read more about this story at Fire Destroys Bel Air Day Care Center.

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

The Lewiston (Maine) Sun Journal reports that an early morning fire claimed the life of 9-year old Taylor McQueeney. A candle used as a light source, after the Central Maine Power Company shut off the electricity to the apartment for non-payment, ignited a bed. The fire spread quickly. Taylor McQueeney had spent the night with her cousins, 18-year old Nathan Cote and 25-year old Justin Cote. Craig Austin, age 39, rented the apartment. According to police, the men ran an extension cord from a second floor apartment up to their third floor apartment to power a television and video games, but used candles for light.

The Lewiston Fire Department received at 3:30 a.m. a report of the blaze at 52 River Street. The building is located in the “Little Canada” section of Lewiston – a densely populated area with 4 story apartment buildings. The fire spread to neighboring 48 River Street. Firefighters evacuated as many as 50 people from five apartment buildings.

Craig Austin, who was sleeping in the bed that caught fire, sustained minor burns to his feet. You may read more about the story at Fire Claims Life of 9 Year Old.

Maine law requires smoke detectors in apartments. It is unknown whether smoke detectors were installed and operating properly.

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

In New York and other states, parents have both a legal and moral duty to properly supervise and protect their children. Small children should not be left alone at home because circumstances can arise that require parental supervision and intervention. One such circumstance is a fire. When a fire happens, small children often times do not know what to do or where to go. In many instances, children left alone when a a fire strikes and then engulfs a house suffer serious personal injuries and some even die. In Rochester, New York, Nicole Allen left three of her children home alone at midnight to go get beer. Yes, this mother left in the middle of the night on a beer run. A three year old died in the blaze. Two other children (a toddler and a newborn) suffered serious burn injuries. The fire took place in 2008.

To leave three small children home alone is really negligent and selfish. Ms. Allen's defense attorney may argue that she had no intent to harm her children. However, Ms. Allen can still be prosecuted if her conduct amounted to a reckless indifference to the health, safety and welfare of her children. You can read more about this story at New York Mother Arrested for Leaving Children Alone at Home - One Child Dies.

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

In Alabama and other States, many people including children were injured by public and private fireworks displays. In Birmingham, Alabama, it was reported that at least 5 people were treated by the Callahan Eye Foundation Hospital for fireworks related injuries. It appears that at least one of the injury victims was a child who was transfered to Callahan from a local children's hospital.

While fireworks demonstrations are part of history and fun for many, they also bring dangers that can be avoided with better safety measures or, in the alternative, avoiding the use of fireworks. You can read about this story at Fireworks Victims Seek Treatment at the Callahan Eye Institute - Birmingham, Alabama.

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

Craig Landolt is the Fire Marshal for the Savannah (Georgia) Fire and Emergency Services. Fire Marshal Landolt and others throughout Georgia and the nation are urging parents and children to be careful this July 4th weekend around fireworks. Georgia and other states have restrictions or limits as to what fireworks are legal in the hands of consumers and which are not. Many times it depends on the projectile of the fireworks as well as the firepower in the fireworks themselves. Whatever type of fireworks you are igniting or around - exercise the utmost caution for yourselves and children. You can read more about Fire Marshal Landolt's recommendations and demonstrations at Dangers of Fireworks - Officials Urge Safe Use of Fireworks this July 4th Weekend.

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

The good news is that in Milwaukee, Wisconsin fire deaths have dropped this past year in comparison with years past. An article reported in the Milwaukee Wisconsin Journal Sentinel reported on the improved statistics as to fires in Milwaukee, Wisconsin at City of Milwaukee Fire Deaths Dropped in the Year 2008.

The bad news is that fires continue, with often tragic results, especially as it relates to children personal injuries and death. Although lawsuits and legislation over the years have lead to changes in the lighter industry, it is still an all too common story when fires are started by children playing with lighters. Within the past week or so there has been yet another fire involving a child playing with a lighter in southern Wisconsin, this time luckily not resulting in a death, however, the dangers are still there and often times result in serious injuries including catastrophic burn injuries and deaths.

Parents and care givers must be even more careful these days due to the proliferation of novelty cigarette lighters shaped like toys, cartoon figures and other items attractive to children. According to the U.S. Consumer Product Safety Commission, children under the age of 5 cause more than 5,000 residential fires resulting in approximately 150 deaths and more than 1,000 injuries every year.