Child Injury Lawyer Blog

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

In Edmond, Oklahoma, police reported that a home based day care center Royal Platinum Care had loaded guns on the property. Loaded guns were found in the attic, garage and a safe. There were no reports that the children had touched or otherwise accessed the guns; however, the State of Oklahoma Department of Human Services investigators believed that the guns violated Oklahoma laws as they pertained to day care centers. It should be noted that an incident or violation should not be solely judged on whether a child suffered personal injuries or wrongful death. Truly, the time to step in and make changes to a day care center is before tragedy strikes. Of course, the operator of the day care center can appeal or challenge any findings. You can read more about this story at Day Care Center Shut Down in Edmond, Oklahoma.

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

In Albany, Georgia, and other areas, violence, especially gun violence, can pose a threat and danger to young children. Day care centers are supposed to be havens of safety and education. Unfortunately, incidents take place that result in a disruption of this safety for children. In Albany, Georgia, gun shots went into the wall of a home day care center where 7 children were sleeping. No personal injuries were reported but it is frightening to know that violence can come so close to innocent children. You can read more about this story at Gun Shots - Day Care Center - Albany, Georgia.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Douglas Cronberger of rural Norene, Tennessee thought he heard a prowler enter his home during the night. He got up to check it out, bringing his .380 caliber handgun with him. He thought the gun was unloaded. After checking the house and not finding anyone, he set the gun on the end table in the living room and forgot about it, then later went back to bed.

Sometime during the night, his three year old step-daughter, Cheyenne Alexis McKeehan, woke up and went out into the living room. She picked up the pistol and fatally shot herself in the abdomen. Police believe that the girl thought the gun was the remote for her Nintendo Wii video game, which was also kept in the living room and looks remarkably like a real gun. The girl had been playing the video game for several days before the incident occurred.

The child’s mother, Tina Ann CronBerger, was asleep in the house when the accident took place. Terry Ashe, the Wilson County Sheriff, is saddened by this tragic accident, but is working hard to get out the message that everyone needs to secure their firearms, especially those who have children of any age in the house.

Read more details of this tragic accident at 3-year-old fatally shoots herself after mixing up wii game with real pistol.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A young boy is in critical condition from gun injuries he suffered in his own home. The child, whose name and age have not been released to the press, was put to bed in his parents’ bedroom one night. During the night he apparently discovered his father’s loaded firearm in the night stand. The gun went off, piercing the child’s arm and his abdomen.

The child’s father is reported to be Jared Bledsoe, who joined the Las Vegas police department last year. The Abuse and Neglect Detail of the Las Vegas Metropolitan Police Department is investigating the incident. A report will be submitted to the Clark County district attorney, who is responsible for deciding if Bledsoe will be prosecuted or not. The police department Internal Affairs Division will review the case as well.

Nevada state law requires parents to securely store firearms. Like other Nevada parents involved in similar incidents, Bledsoe could be charged with felony child endangerment or felony child abuse and negligence. Read more details about the incident at Son of police officer critical after accidentally shooting himself.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, there is a right to bear arms under the Second Amendment. With rights come responsibilities. These responsibilities include the safe use, storage and transportation of guns and fire arms. There are many companies that have produced some excellent products that make guns safety. I had the opportunity to pose some questions to Wayne Woolsey, CEO of Waynes Wicked Enterprises, Inc. based in Fayetteville, Arkansas.

How long has your company been in business? Since 2007

What products do you sell that promote gun safety? Rifle Reel, Barrel Bumper, and Wrist Lanyard

How do your products make guns more safe than guns that do not have your safety
products?
Master instructors of the International Hunter’s Education Association, have field tested the Rifle Reel and Barrel Bumper and have given it the highest compliments and accolades for its safety factors and innovative approach. As of 2008, the IHEA is using the Rifle Reel as a teaching tool during hunter education classes to help reduce the number of accidents due to:
Un-customized fit while firearm is being transported;
Unsafe methods while hoisting firearm into elevated stands;
Dropping firearm from elevated stands;
Failure to identify target;
Foreign objects (i.e, mud, debris) in the barrel of firearm;
Sling catching on objects because of it always hanging down;
Being seen in no/low light wile transporting game and firearm out of the woods;
Keeping black powder rifles from getting moisture in barrel while carrying it in the muzzle up position; and/or
Used as visual aid for hunters to be aware of a loaded black powder rifle.

What role does the safety of children play in how you market your products? Changing the way our youth looks at hunting with a firearm is huge. I have 3 boys who hunt and they are safer now than they have ever been. If all hunters have operational procedures instead of guidelines, the sport would become safer, like aviation. I am a professional pilot and safety is vital and so is having a partner that is trained the same as yourself. I know if he is not doing something correct because of procedures and I can immediately make a correction.

What is your advice to gun owners who have children? Use a trigger lock when the firearm is not in use. Also store the ammo and clips in another locked area than the firearm. The problem is no one has developed products while using a firearm to make it safer. I have researched and as far as I can tell my products are the first firearm accessories that increases safety while using the firearm. It only takes someone a split second to pull the trigger, but what about all of the other time that the firearm is being handled. This is the crucial period of any usage of a firearm.

You can contact Wayne Woolsey and read more about these important safety products at www.wayneswicked.com I would like to commend Mr. Woolsey for promoting products that help make gun use safer around children.

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

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

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

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

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

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

In Georgia and other States, children and teens play with pellet guns. Many children and parents for that matter do not realize that a pellet gun injury can actually be deadly. In Waycross, Georgia, 11 year old - Mitchell "D.J." Maxwell, Jr. recently died from pellet gun related injuries. It was reported in the Florida Times Union that D.J. was at a friend's sleep over party when the incident took place. Injuries and deaths like these raise many questions for the police to investigate. These issues can be taken into consideration as part of a criminal investigation by the police. These issues can also be considered by the family of the victim if a civil case is pursued for the death of the child.

What time did the incident take place?
Who was the owner of the gun?
What parental or adult supervision (if any) were in place at the time of the incident?
What safety precautions (if any) were in place prior to and at the time of the incident?
Who fired the gun?
Who witnessed the incident?

The death of this 11 year old boy is certainly tragic for the family, friends, and community. Hopefully, others will take notice of this incident and understand that pellet guns can be quite dangerous and deadly weapons.

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

Robert Lewis is a civilian police officer based at Camp Lejeune, North Carolina. Tragically, Lewis' 3 year old son died recently from a reported accident involving a 40 caliber handgun. It was reported at Channel 9 - CBS News that an investigation is being conducted as to the details of this incident. Some of the issues or questions that may be addressed are as follows:

Who was the registered owner of the gun?
Where was the gun stored at the time of the incident?
Where was the gun normally stored?
Who was present or nearby at the time of the incident?
Had the child handled or been around the gun in the past?
What safety locks or devices were part of the gun itself?
What additional safety locks or devices were put in place by the owner?

The death of any small child from an accidental shooting is tragic. It is certainly a great loss for the family, friends, and community. Hopefully, this story will encourage others to check the safety and storage of their guns especially in households were small children reside or visit. It is well known that children are curious and have poor safety awareness when it comes to guns. As such, it is the responsibility of adults, parents, and gun owners to keep guns out of the reach of children. You can read more about this story at Gun Safety Concerns in North Carolina Following Death of Child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An interesting article regarding BB guns was posted at the Mom Logic website. The author of the article advocates for banning the use of BB guns for children. Many parents and gun advocates would argue that BB guns (as well as regular guns) are fine in the hands of children who are trained and supervised in the use of these toys / weapons; however, as the article in Mom Logic points out, BB guns can be very dangerous and can even cause death in some instances. Some argue that the benefits and joys of shooting a BB gun are far outweighed by the dangers which can include serious personal injuries and, yes, even death. Another problem with BB guns and other air soft guns is that police and law enforcement often mistake these guns for more dangerous or powerful weapons. This is especially true when the orange tip of the toy has broken off or has been removed. You can read more about the dangers of BB Guns Should be Made Illegal for Children.

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

In Leasburg, North Carolina, a man has been criminally charged with shooting two young children - ages 10 and 7. The Caswell County Sheriff's Office arrested John Clyde Fuqua, 52, and charged him with the shooting. The children were shot by a shot gun. The news report did not specify the motive or reason that Mr. Fuqua shot the children. While the injuries were not life threatening, the children did suffer personal injuries resulting from the gun shot that required medical care. You can read more about this story at Children Suffer Gunshot Wound Injuries in Leasburg, North Carolina.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, gun owners should take the time and effort to place handguns, shotguns, and other weapons in a secure area or lock box away from children. Many children lack the maturity and good judgment to handle a weapon without close supervision and instruction. In Cumberland County, Pennsylvania, police are investigating the shooting of a 6 year old girl by her 9 year old brother. The children were at grandma's house at the time of the shooting. The girl was transported to Penn State - Hershey Medical Center for serious personal injuries to her arm and torso from gunshot wounds.

Lt. Gib Morrisey reported that the police are investigating this incident. Lt. Morrisey pointed out that there is no law that required the grandma to lock up her gun. Whether or not there is a law in place, the grandma had a duty to provide a safe environment for her children. The grandma may have been negligent in her handling and storing of the weapon.

In many States, an family member (like a grandmother, aunt, uncle, or cousin) may be civilly liable for negligence for personal injuries or wrongful death of a child. Typically, there is no immunity for family members like grandparents for injuries sustained by the child. Homeowners insurance policies provide insurance coverage for negligent acts leading to injuries to children while at the home of a neighbor, friend, or relative. As such, the injuries sustained by the 9 year old girl in this incident may be covered by the grandmother's homeowner's insurance policy. Some insurance policies, however, do exclude injuries caused by guns.

You can read more about this story at 9 Year Old Pennsylvania Boy Shots Sister with Shotgun.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Phoenix, Arizona, an 8 year old boy suffered serious personal injuries following a shooting incident involving his uncle's gun. Unfortunately and quite tragically, the uncle or someone else left the gun in an area that was accessible to the 8 year old and other children. Gun owners have a responsibility to safeguard guns away from children. This incident would have been avoided had the gun been stored in a gun locker, safe, or other secured area away from the children. Investigators reported that the uncle, Javier Gudino Cruz, age 23, left the gun just outside the home in Phoenix, Arizona. You can read more about this story at Phoenix Arizona 8 Year Old Shot in Face After Finding Uncle's Gun.

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

In Detroit and other cities, even standing at a bus stop can prove to be dangerous. Recently, gunmen opened fire on a group of teenagers in Detroit. Seven teenagers were wounded. The incident took place near Cody 9th Grade Academy. Police later recovered a green minivan that is believed to be the vehicle used by the shooters to flee away from the scene. It is unfortunate the children attending summer school are put at risks of violence and shooting just for attending class. Hopefully, police will capture the gunmen and there is a reduction of violence in and around Detroit and other cities. You can read more about this story at Shots Fired at Bus Stop Near School in Detroit, Michigan.

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

In Georgia, investigators have determined that the shooting death of a 12 year old boy (Jaquane Butler) was accidental. Jaquane was playing with a 14 year old friend in East Point when Jaquane was accidentally shot by a 12 gauge shotgun. Jaquane attended school at Woodland Middle School. He had dreams for a future that were ended by a single gun shot. This tragedy shows the importance of locking of guns and keep them away from teenagers. No criminal charges are anticipated in light of the police investigation. You can read more about this story at Georgia Teen Accidentally Shot by Friend.

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

Another child is dead after senseless violence in Canton Ohio. Harmoney Sankey only reached the age of 2 years old before becoming a victim of a crime in Canton, Ohio. Men broke into Harmoney's grandfather's home and the men demanded money. They shot the grandfather in the leg and Harmoney in the back. Police later arrested Makie Ragland and William Ferguson who were believed to be involved in the home invasion and shootings. Harmoney later died at Aultman Hospital. You can read about this sad and tragic story at Canton Ohio 2 Year Old Dies in Home Robbery.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A combination of children / teens and firearms can often times lead to tragic consequences. In Galveston, Texas, a 16 year old Texas girl not only has to face the trauma of losing a sister from a firearms accident but also may face criminal charges for the shooting. Tragically, a 12 year old girl died as a result of the 16 year old playing with the gun. There are also questions as to how the teenager accessed the gun and what precautions, if any, the gun owner had in place to prevent access by children. A full investigation will be conducted into this incident. You can read more about this story at 16 Year Old Accidentally Shoots Sister in Texas.

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

Violence comes in many forms in today's world. Children are affected by violence very day. Some suffer physical personal injuries from assaults, battery, sexual molestation, shootings, fights, and bullying. Others suffer psychological injuries or mental pain and suffering from acts of violence. Some children suffer both physical and psychological injuries from acts of violence whether the children are the actual victims or targets of the violence or just witness the violence.

Symptoms of PTSD include attention problems, sleep problems, intrusive thoughts, nightmares, flashbacks, and other symptoms of psychological distress.

Dr. Shakira Franco Suglia at the Harvard School of Public Health located in Boston, Massachusetts, conducted previous research on children. He identified a disruption of the stress hormone called cortisol in children with a diagnosis of PTSD. Dr. Suglia another now believe that they have found similar findings in children living in urban communities who are exposed to community violence.

Psychological distress often manifest itself in behavioral and developmental issues. It can have far reaching affects on a child from his or her functioning at home, school, and with friends.

You can read more about this story at Children Exposed to Violence At Risk for Psychological Distress.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In May and June of each year, there are high school graduation parties. This should be a time for celebration and reflection of the milestone of graduating high school. Unfortunately, some high school graduation parties turn from sites of celebration to sites of tragedy, personal injuries, and death. In Mesa, Arizona, a police officer and 10 year old child were injured at a high school graduation party. Another man and woman were killed at the party while two others were injured by gunshot wounds. There are many reasons why disputes take place at high school parties. Sometimes, it is a fight over a girlfriend or boyfriend. Sometimes, it is alcohol or drugs that make people violent unreasonable, or dangerous. When you combine any of this with the use of a gun, there can be trouble.

Some homeowner's insurance policies cover gun related injuries and deaths while others do not. The policy must be read thoroughly and carefully to determine the appropriate coverage under the policy. The injured parties and the families of the wrongfully killed guests may be entitled to coverage under a homeowner's insurance policy. An Arizona personal injury attorney / lawyer can read the policy and advice victims and their families of their respective rights to compensation under the law and under the insurance policy.

You can read more about this story at Mesa Arizona High School Graduation Party - 2 Dead and 4 Injured.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Liberty County, Texas, a seven year boy (Donald Coffey, Jr) was shot when a property owner believed that he was a trespasser. Tragically, Donald died from the gun shot wounds. Donald was shot in the head after he and three other people took a break from off roading in an area about 40 miles outside of Houston, Texas.

The property owner (Sheila Muhs and her husband, Gayle Muhs) were charged with counts of aggravated assault for the shootings. It is uncertain from news report what these landowners found about small children off roading with their father. Shooting a small child in the head just because he was trespassing or appeared to be trespassing just does not make sense in in this case appears to be criminal. Yes, property owners should be able to protect their property with reasonable force; however, it does not appear that a 7 year old taking a break to go the bathroom presented much of a threat to be dealt with by a shot gun blast to the child's head. You can read more about this story at Texas 7 Year Old Dies from Gunshot Wounds.