Child Injury Lawyer Blog

By Mark Freedman, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan and other States, school officials have a duty to keep schools safe for the children. Most schools act very swiftly and quickly when guns, knives, and / or other weapons are discovered in a school. Even a "toy" gun or "pellet" gun can cause serious injuries to a child in a school or day care center setting. Furthermore, a toy gun can often be mistaken by a teacher, student, or police officer as a "real" gun which can then set forth a series of events that can lead to serious personal injuries and, in some instances, death.

Parents and guardians should do their best to keep their children from bringing guns, knives, weapons, and even toy guns to school. At times, a children mistakenly leaves one of these items in a bag and then takes the items to school. While the intent to bring the gun, weapon, or toy was not present, the dangers and risks of having the item in school can still be there nonetheless.

When a child is injured at a schol or day care center as a result of negligence or improper supervision, a child injury attorney can assist the injured child and family with the many issues and challenges that arise in these cases. A child injury lawyer can help a family deal with the medical bills, medical treatment, insurance, and other matters involved with a personal injury case. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. You can receive this book for free at The ABCs of Child Injury.

It was recently reported that a girl in Bay City, Michigan was suspended from her school for bringing a gun to her elementary school. The incident was reported by WNEW TV 5 News. The teachers at the school were not sure whether the gun was "real" or not and police were called to the school. It was determined that the gun was a pellet gun.

"The building principal did, or is doing if you will, what is necessary - and that is to take everything seriously," said Superintendent Shawn Bishop. See Elementary School Girl Suspended for Brining a Gun to School.

Fortunately, there does not appear that there were any injuries suffered as a result of the gun being brought to school. While the girl who brought the gun to school may not have meant to and may not have meant to harm anyone, it is still dangerous to bring a gun - whether "real", pellet, or toy - to a school.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, children are the unfortunate victims of accidental shootings. It was reported in Fredericksburg Ohio that a 15 year old Amish girl - Rachel Yoder - was hit by a stray bullet. At the time of the tragic Ohio shooting, the girl was driving a horse drawn buggy. She was shot in the head. The work of police investigators determined the probable cause of the shooting death of this girl. Apparently, a man shot a rifle into the air approximately 1.5 miles away from where the bullet hit Rachel Yoder. A full investigation will be conducted to determine if the ballistics from the gun match the bullet that ended the life of the Amish teen. See Accidental Shooting of Amish Teen Reported in Ohio.

Accidental shootings are unfortunate statistics that can and do have a lasting effect on the family, neighborhood, church, and community. Nothing can prepare a parent for the news that a child has fallen victim to an accidental shooting or some other incident that ends the short life of the child.

The accidental shooting death of Rachel Yoder should serve as a reminder to all to keep guns secure and to avoid discharging a gun except in remote locations or gun ranges where a stray or errant shot does not put a person in danger of personal injuries and / or death.

The book tiled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Medical Treatment / Medical Care, and other topics. You can receive this book for free at The ABCs of Child Injury.

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

In Georgia and other States, teens engage in hunting activities. During most hunting trips or activities, there are no problems or injuries. Unfortunately, at times, an errant shot is fired and results in a serious personal injury and, in some cases, death to a hunter or bystander. A hunting accident was reported in Fulton County, Florida. The Atlanta Journal-Constitution reported that a teen was accidentally shot when his gun discharged while he was hunting squirrels with his brother. The teenagers were hunting with .22-caliber rifles. The gun went off when the gun hit the ground and then hit the teen in the face/cheek. It appears that the teen will recover from these hunting related injuries. See Teen Shot While Hunting with Brother in Fulton County, Florida.

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

An unfortunate incident recently took place at the University of Cincinnati (Ohio). It was reported that Everette Howard, an 18 year old student, died as a result of injuries sustained by a Taser gun used by campus police. It was reported that Everette was attempting to break up a fight at the time. It is expected that a full investigation will be completed and then be summarized in a written report since a death resulted from this incident. There appeared to be several witnesses to the incident. The use of force by a police officer is permitted under certain circumstances. In particular, if the health safety and welfare of the police office and / or others are put at risks - force is often times utilized. There are particular policies and procedures in place for each police department as to the use of force including the use of Taser guns. The incident will be reviewed to determine if protocols and criteria were met with respect to the facts and circumstances of this incident.

While Taser guns are typically a less dangerous alternative to the use of a gun, there are still serious personal injuries and even deaths that result from the use of a Taser gun. Law enforcement officials should be respected and orders by the same should be followed. When force is used, it should be reasonable and necessary. Whether the force used is considered excessive will depend on the facts and circumstances of each incident.

For more information, see "Everette Howard Died Saturday At UC Campus."

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

The Forum Roller World, 1900 S. Great Southwest Parkway - Grand Prairie, Texas, was the scene of what started off as a private birthday parties and ended with the shooter taken not only his life, but the lives of six others and injuring four additional guests. According to police Chief Steve Dye, an argument between a husband and wife resulted in a family member drawing a pistol. Grand Prairie police spokesman John Brimmer, stated matters escalated when the man pulled a gun and started shooting. The call for help came in at 7:10pm with officers arriving only 90 seconds later. By the time the officers entered the building the roller rink, the shooting had stopped.

Witness, Aaron Feldt of Grand Prairie, Texas was one of the onlookers from across the street and stated "I saw family coming from across the street looking panicked. They had children along with adults. You could tell there was a sense of urgency and panic in their eyes". Mr. Feldt also stated "There's just no cause for this...its real unfortunate".

Chief Dye stated his department was working to contact the victims’ families and offered this "Our thoughts and prayers go out to the victims and their family". Spokesman Brimmer stated the victims, all adults were Vietnamese. As of Saturday evening the ages and identities were withheld until the next of kin could be notified.

Brimmer stated that all witnesses were taken to police headquarter for questioning and that crisis counselors would be on hand to help those affected. “We’re going to assist the family and anybody else who attended to help them overcome this terrible situation”. Fortunately, this was a private party and no outside patrons were involved.

Pam McDonald of Grand Prairie visits the roller rink once a month and offered this “I’m shocked; really shocked that something like this would happen…it’s so close”. Bryon Raspberry, a father with children ages 4 to 15, lives near the rink which is located in a warehouse section near Interstate 30 and State Highway 360 said “This is sad man…my kids come up here a lot. We come all the time”. He also said “it does not make any sense…I don’t feel safe at all”.

Police set up a mobile command center outside the scene and as of 9:30pm the bodies of the victims remained inside while investigators worked the scene. Police Chief Dye stated it was unclear the number of people inside the roller rink at the time of the shooting, but that “We’re still working all the numbers and interviewing quite a few witnesses”.

Amusement parks, bowling alleys, roller rinks, and other locations should be sites of joy and celebration especially for families and children. Unfortunately, tragedies often times occur at these locations that result in serious personal injuries and death of innocent people including children. An amusement park, bowling alley, and roller rink are not proper venues for gun play or violence. These recreational and amusement locations should be places of safe haven for adults and children rather than sites of violence, personal injuries, and death.

See 5 Killed in Grand Prairie Roller Rink Shooting in Texas.

By David Wolf, Attorney Published by Child Injury Lawyer Network

What started out as a childhood prank turned nearly fatal after a man shot at the neighborhood children. Although, the shooter was described by a neighbor as "low key" and "country," his actions give off a different kind of character. 56-year-old Michael Bishop, has been charged with attempted murder after he aimed his gun into a group of children, pulled the tripper and hit a 12-year-old boy. According to police, the children had been playing a long time prank known as ding-dong-ditch, the kids run up to a home, ring the doorbell or known, and run away. The victim, whose name is not being released, is believed to have suffered a buckshot injury from a shotgun. The boy was taken to Kosair Children's Hospital with non-life-threatening injuries. Eyewitnesses said they observed Bishop step out on his front porch with a shotgun, pointed his weapon towards the group of children, fired his gun and struck the 12-year-old boy. Dwight Mitchell, a Louisville Metro Police spokesman, said it is unclear whether the boy was the intended victim of Bishop or if he was merely just trying to scare the children off. Other neighbors were questioned by reporters and stated they too have been pranked by the neighborhood children. However, the kids were described as "good kids ... not troublemakers" and their actions are not considered bothersome. Doug Dorsey, a nearby resident, is the father of a 13-year-old son who grew up with the victim. Dorsey ran to the group of children after he heard the gun shot and notice the group of kids scattering away. As Dorsey approached, he noticed the victim hunched over, with his back covered in blood. For more read Louisville man charged with attempted murder after firing gun into group of kids, striking 12-year-old boy. Mr. Bishop will be entitled to the services of a Louisville criminal defense attorney or the services of the Public Defender's office.

By Scott Marks, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

A BB gun, also known as a pellet gun, can cause substantial bodily injury and even death. According to statistics, about four people are actually killed each year by BB guns. These guns are often considered a “toy,” but have similar features to a common hand gun; they have muzzle velocities higher than 350 feet per second. That means that the gun shoots the pellet at 350 feet per second, which is not much of a difference compared to a hand gun that has a muzzle velocity of 800 feet per second.

The U.S. Consumer Product Safety Commission warns that children under the age of 16 should not own and operate such a gun. But, if they do, they should follow a few safety tips. First, children should never point a BB gun at anyone, whether it is loaded or not. Second, the BB gun should always be on safety until it is ready to be used. In addition, children should never carry your BB gun in public places because it may be mistaken for a real gun. Lastly, unload the gun when it is not in use.

A six-year-old boy was recently shot in the head with a BB gun in Sacramento, California. According to Sacramento police, the incident occurred near 5th Street and Vallejo. The child suffered a bump on the head and was taken to the hospital for treatment. Investigators said there is an ongoing issue between the neighbors and it is unclear who is responsible for the shooting. Laura Peck, spokeswoman for the Sacramento Police, said that the crime report has been filed as an assault with a weapon. Fore more information on this topic, see child shot in head with BB gun in Sacramento neighborhood.

By David Wolf, Attorney Published by Child Injury Lawyer Network

According to the United States Centers for Disease Control and Prevention, gun violence claims over 30,000 lives per year. For every person who dies from a gunshot wound, two others are wounded. In addition to those who are killed or injured, there are countless others whose lives are changed forever by the deaths and injuries of their loved ones.

A devastating example of gun violence occurred on the 500 block of South Eighth Street in Louisville, Kentucky. A three-year-old boy, Davion Powell was shot Friday night at a Louisville apartment complex. According to the investigators, an argument between residents broke out and escalated into gunfire around 11 p.m. The boy was shot during crossfire. Powell was in critical condition when he was taken to Kosair Children’s Hospital, and sadly he died Monday afternoon.

The investigation report shows that violence has been an ongoing problem at this apartment complex. Police were called to the same apartment the day before the shooting because several people broke out the windows to an apartment and assaulted a woman inside. The report also shows that when another woman tried to help, one of the suspects threatened her life with a handgun. Hours later the police responded to a different resident that said her window was broken out. The director of Louisville Metro Housing, Tim Barry, would not comment about the ongoing issues of violence but said the shooting was a police matter. A warrant has been issued, but no arrests have been made in connection with this case. For more information on this topic, see toddler shot in head dies.

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

Three elementary school students were injured after a loaded pistol, which was brought to the school by a 6-year-old boy, accidentally discharged at Betsy Ross Elementary School in Central Houston, Texas. The children's injuries were said to be non-life threatening. However, each kid was taken by ambulance to a nearby hospital. According to police, it is unclear how the boy obtained the gun or who owns the firearm. The 6-year-old who brought the weapon to school sustained personal injuries to his leg by what officials think was a bullet. The other children, a male and female, both 5-years-old, appeared to have been hit by flying debris or shrapnel. None of the children were identified. The incident happened in the cafeteria, apparently the loaded pistol fell out of the boy's pocket as he went to sit down. For more read 3 kindergarten students wounded after boy brings gun to Houston elementary school.

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

A teenager was critically wounded after he was shot in the chest at a Gloucester City, New Jersey playground. Camden County police were called to the playground around midnight to break up a fight that had broke out. Police were called back to the scene just 45 minutes after their first arrival, because an 18-year-old had been shot in the chest. Neighbors near playground say the location is a popular place for teenagers to hangout and fight. One neighbor estimated about 10 to 15 fights occur at the playground weekly. The victim was taken to a local hospital in critical condition. As time of the release of the following news story, no arrests have been made. For more read 18-year-old critically shot in chest at New Jersey playground. Firearms are considerably dangerous, and often times deadly, weapons. These lethal weapons should be kept out a minor's possession by all means necessary.

Playgrounds and parks should be a safe haven for children and the neighborhood. Unfortunately in some communities, a playground / park is anything but safe.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chaska, Minnesota, police recently found a loaded handgun near a child care center in early April 2011. The gun's serial number was traced back to a Shakopee man, who told police he thought the gun was stolen from his truck back in December 2010. However, the gun was never reported stolen and police were skeptical of his story. Captain Jon Kehrberg of the Chaska Police Department says the circumstances most likely suggest the gun fell out of the man's truck and was ultimately pushed into a snow bank. The gun was discovered on April 5 by a man, David Granlund, who was walking his dog near the day care center. Granlund noticed something shiny in the grass. At first impression, Granlund thought the object was child's handgun. However, after he picked up the gun and noticed it was loaded with hollow point bullets he immediately put the gun back down and called police. The man who owned the gun did not tell police why he had a loaded gun in his truck. No charges have been pressed against the gun's owner. Kehrberg advised that if anyone comes across a weapon in public, they should avoid touching the weapon and immediately call police. Ultimately, it was very fortunate the gun did not fall into the wrong hands. For more read Gun found near Chaska, Minnesota day care center.

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chance Jackson, a 15-year-old student, was transported by air ambulance to Methodist Hospital where he underwent surgery after he was shot at his school, West Middle School in Martinsville, Indiana. Students were put on lockdown for nearly 5 hours following the shooting. Approximately 600 students attend the school. The suspect, who was a student that attended the middle school, has been taken into custody but was not arrested. The suspect's name, age and grade was not released as part of the initial news reporting of this incident. According to police, the suspect walked away from the middle school after the shooting around 7:30 a.m. He was eventually apprehended several miles away. Police, who traced the boy's path, found a handgun in a wooded hillside. The suspect and other witnesses will be questioned and the investigation is ongoing. It is rumored that school officials were previous warned that violence might occur. However, Martinsville West principal Suzie Lipps denied those allegations. If arrested, the suspect will face attempted murder charge. Since the investigation is ongoing, the filing of criminal charges will depend on the evidence obtained and the decision by the local prosecutor's office. For more read Student shot at West Middle School in Martinsville, Indiana.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An 8-year-old boy was accidentally shot by his 17-year-old uncle in a supposedly innocent game of cops-and-robbers. The incident occurred in a gated, mobile home community located in Bernalillo County of Albuquerque, New Mexico. Initially the 17-year-old told police that the child accidentally shot himself. Eventually, the uncle came clean explaining to police he, his nephew and a few other minors were playing a game of cops-and-robbers when the gun accidentally went off and shot his nephew in the stomach. The boy was taken to University of New Mexico Hospital in Albuquerque where he was rushed into surgery. Deputies stated the doctors expected the boy to live. The 17-year-old was taken into custody and could potentially face some serious criminal charges. Not only the the uncle initially lie to police but he also told the other minors who witnessed the incident to say the boy accidentally shot himself. The 17-year-old also went as far as to hide the gun and shell casing. The range of charges the uncle could face include child abuse, intimidating a witness and tampering with evidence. When the uncle was questioned about where he got the gun, he answered off the streets. If the gun was stolen, he could face additional charges. According to police, no parents were home when the incident occurred.

Guns in the household or around children present many dangerous scenarios. Most states have strict laws about the possession of firearms by minors. It seems that this particular firearm was not properly registered or purchased by the 17-year-old. Also, guns should never be brought around children unless under strictly supervised environments. If you would like to read more on this story please see Uncle shoots nephew in stomach during game of "cops and robbers".

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

An 11-month-old boy was shot in an apparent drive by shooting in the Pleasant Grove area of Texas. Police have arrested a gang member, identified as 31-year-old Carlos Cordova, in relation to the drive by shooting. Cordova faces a charge of injury to a child and aggravated assault.

The incident occurred around 11:40 p.m. A gunman driving a maroon four-door Dodge vehicle approached the minivan and began firing shots into the driver's side of the van. Police believe the driver of the minivan, 22-year-old Juan Gomez, was the target of the shooting. Other passengers in the vehicle included 22-year-old Esther Chaves and her three sons, ranging in ages from 11-months to 4-years-old. After the shots were fired, Gomez sped away not realizing the 11-month-old infant had been shot. It was not until Chavez began taking her children out of the van when she found that her 11-month-old boy had been hit in the knee. After the discovery, police were called. The child was reported to be in good condition at Children's Medical Center Dallas, but he did have to undergo surgery to repair his fractured leg. If you would like to read more on this story please see 11-month-old boy hit in drive by shooting in Dallas, Texas.

Gang-related crimes can be deadly to innocent victims. Any of the passengers could have been killed in this drive by shooting. It is a tragedy that innocent lives risk being lost due to criminal activity.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Cincinatti, Ohio, a boy was accidentally shot in a barber at a Walnut Hills barber shop. The 6 year old boy was shot in the arm but was reported to be recovering from the gunshot wounds. The boy suffered gunshot wounds to his arm, rib, and back. Of course, the gunshot wounds could have been much worse and could have ended the short life of this young boy. It is most unfortunate that innocent children get harmed and injured as a result of disputes and gun shot incidents. You can read more about this story at Boy Recovering After Barber Shop Shooting.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many children and parents believe that a BB gun is a toy and posed no real danger to children. Many child safety advocates would disagree. In Logansport, Indiana, a 6 year old girl suffered personal injuries when she was accidentally shot in the head by a BB gun at a younger friend's house. The younger friend was only 3 years old. Lt. Cathi Collins with the Logansport Police Department reported that the 6 year old (Ariana Roman) was be treated and monitored at the Fort Wayne Hospital - Pediatric Intensive Care Unit. The BB gun shot incident caused damage to an artery in the brain and a skull fracture. The BB gun at issue was placed on a shelf but was still within reach of the children.

When there is an injury that takes place at another person's home, a personal injury claim can be pursued against the homeowner's insurance policy where the incident took place. The coverage or non-coverage of the personal injuries will depend on the language of the insurance policy and any exclusions that may be part of the policy. If a firearm or BB gun injury is accidental, most homeowner's policies will cover the resulting injuries. You can read more about homeowner's insurance claims and child injuries in the book - ">The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive a free copy of this book by clicking here.

A BB gun should be safeguarded similar to other firearms and weapons. Parents should safety secure BB guns and other items that may cause harm to a young child. It is well know that children lack safety awareness and good judgment. Because of this, it is vital that BB guns be removed from the home or at least stored safety away from the reach of children.

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

In California and other States, law enforcement officers often times send out public safety announcements. One issue that is often addresses in these public safety announcements is gun safety. Kern County California Sheriff Donny Youngblood recently spoke about gun safety and the tragic scenes that his police officers respond to. Namely, responding to a scene in which a child is shot "tugs at your heart" according to Youngblood.

It is important that all gun owners think safety first when possessing and storing guns. It is well know that children are curious and do not understand or realize the true dangers of guns and firearms. The confusion is only amplified by the marketing and distribution of toys that look just like real guns and firearms.

You can read more about Sheriff Youngblood's message and gun safety issues at Sheriff: Keep Guns Away from Children.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Since 2008, at least 10 children have been accidentally shot in central Indiana. This statistic includes the most recent shooting of a 5-year-old child who was accidentally shot by his cousin while his cousin was spinning a revolver in his hand. The five-year-old boy was identified as Miguel Luna. Miguel was last reported in critical condition at Riley Hospital for Children.

Although the police of Indiana stress the importance of gun safety and sometimes offer free gun locks, the Indianapolis Metropolitan Police Department and the Indiana State Police do not offer any gun safety classes. Furthermore, the State of Indiana does not even require people who purchase firearms to take such classes. If you would like to read more about this tragic accident please see 5-year-old boy accidentally shot by cousin.

Hopefully this child has a full and quick recovery. This accident is a tragedy for the boy's family and community. Parents, teachers, guardians and other adults should educate their children on the dangers of guns. If you are a gun owner and have children, use the trigger lock when the firearm is not in use. Also, store the ammo and clips in a place out of a child's reach.

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.