Child Injury Lawyer Blog

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.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

BB guns are weapons that can lead to serious personal injuries and wrongful death. BB guns and toy guns are especially dangerous when others believe that BB guns are high powered fire arms. Parents should keep in mind that a weapon is a weapon. This advice applies to BB guns. Parents and caregivers should supervise their children any time that children use a BB gun.

In Salem, New Hampshire, an 11 year old boy bought a BB gun at a flea market. He subsequently brought the BB gun to school and shot some classmates. An investigation is under way to see how the 11 year old was able to purchase the gun from the vendor at the flea market. It appears if the 11 year was the actual purchaser for the BBI gun without his parents - then the vendor may end up facing criminal charges in New Hampshire.

You can read more about this story at 11 Year Old New Hampshire Boy Shoots Other Students with a BB Gun.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Hampshire, two high school students were arrested for bringing a toy gun to school. Another student had noticed the gun on the hallway floor and notified school officials. In the abundance of caution, school authorities contacted law enforcement who then went to the school to investigate. Police found the plastic toy gun with an orange tip in a locker. In response to the situation, the school was put on lockdown. Parents were notified via text message and other means and also went to the school.

While the toy gun that was recovered looked very much like a toy, school officials and law enforcement are better to err on the side of safety than take guesses as to the existence and severity of the dangers.

You can read more about this story at 2 Arrested After Toy Gun Recovered at Pelham High School - New Hampshire.

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

An 18 year old student was recently arrested at Washington High School in Milwaukee, Wisconsin. The student was seen carrying a gun in his waistband. The principal called the student into his office and took the .22 caliber semi-automatic weapon / hand gun.

Attentiveness and quick thinking on the part of the principal and staff at Washington High School led to action and safety measures at the school. Fortunately, no one was harmed and the gun did not play a part in the shooting or harm to any teacher or student at the school.

You can read more about this story at Milwaukee Wisconsin Teen Arrested for Bringing a Gun to School.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Baton Rouge, Louisiana, school officials and law enforcement may have help avoid a disaster in the form of a school shooting by taking action to arrest a 13 year old and remove an assault rifle from school grounds. At the Southeast Middle School on Harrells Ferry in Louisiana, a 13 year old brought a military style Ruger mini 14 assault rifle to school and place the rifle along with high powered rounds of ammunition in his locker. Other students informed school officials that the weapon was inside the student's locker. Telling school officials about a dangerous weapon was wise and brave of these students who, in turn, may have helped save the lives of fellow students and teachers. Within five minutes of receiving the information, school officials contacted the resource police officer and located the gun.

Tragedy was avoided in that no students suffered personal injuries or death by a student on a mission to harm others with this assault weapon. School officials and police should be commended for quick, calm action that helped diffuse a very dangerous and potential deadly situation. You can more about this story at
Louisiana Middle School Student Arrested for Bringing Assault Weapon with Ammunition to School.

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

In Edmond, Oklahoma, the city council recently voted in an ordinance to ban toy guns that have been altered to look like real guns. Toy guns typically have an orange tip or other markings to distinguish it from a real gun. Unfortunately, many people including children have modified toy guns to make them look like real guns. This, in turn, creates a dangerous situation in that other people including law enforcement officers will have a problem distinguishing a real gun from a toy gun. Fines are now in place by the City of Edmond for having an altered toy gun and for threatening someone with a toy gun. You can read more about this story at Ban on Altered Toy Guns Goes Into Effect in Edmond Oklahoma.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In King City, California, an 11 year old girl (Ester Rubio) recently died. She had been shot several times at a soccer match at King City High School. She was shot in the stomach. Ester received medical care at Stanford Medical Center and at Good Samaritan Hospital in San Jose, California. Three juvenile criminal defendants were arrested in the shooting.

It is truly a tragedy that our children cannot safely attend a sporting event at a local high school without the risk of danger from shootings.

You can read more about this story at 11 Year Old Shot at King City High School Soccer Match Dies.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Orleans, Louisiana and other cities, guns are dangerous when placed in the hands of a young child or accessible to a young child. Of course, many gun enthusiasts believe that guns and children go together as long as their is training and supervision. Training and supervision combined with good judgment are all vital to gun safety and the prevention of gun related personal injuries and wrongful deaths. In New Orleans, Louisiana, a 20 year old man (Adrian Kelly) was accidentally shot when he attempted to take a gun away from a 4 year old boy. Details from news reports were vague. I would be interested to know the following:

Was the gun registered?

Who was the registered owner of the gun?

Where was the gun stored?

How did the child gain access to the gun?

Where did the incident take place?

How long did the child have access to the gun?

It is tragic that a young man lost his life from this accidental shooting. You can read more about this story at Man Accidentally Shot in New Orleans, Louisiana When Trying to Take Gun Away from 4 Year Old Boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children love playing pretend with toy guns. Unfortunately, a simple toy gun can be mistaken for a weapon which, in turn, can lead to dangerous and deadly consequences. In Palmdale, California, a deputy sheriff shot a 15 year old who was playing with a toy gun. Apparently, the child was playing "cops and robbers" and pointed the gun at a deputy sheriff / police officer. Since the toy resembled a real gun, the deputy responded by shooting the teenager.

An investigation will be conducted to determine if the police officer used an appropriate amount of force to respond to the situation. Young children and teenagers should be careful when playing with a toy gun. While the child may know the gun is a fake or a toy, others including police officers cannot always easily tell the difference. You can read more about this story at

Posted by David A. Wolf | Permalink | Email This Post

Posted In: California , Consumer Issues , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , State Specific Articles

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

Young children especially boys are fascinated with guns. Guns are so cool to children that some bring the guns to school to show friends. How can this happen? How does the child gain access to the gun? What safety precautions are put in place for the gun? It is absolutely vital that gun owners safeguard their guns so that children do not have access to the guns. Children with access to guns bring them to school and show friends. This can be the recipe for disaster, personal injuries and wrongful death in Georgia and other States.

The Atlanta Journal Constitution reported that a 6 year old brought a loaded gun to Heritage Elementary School in Fulton County Georgia. The student showed it to a classmate at lunch before the gun was taken away. Fortunately, noone was injured. The students' parents were called about the incident. The parents will be required to appear before a school board tribunal before the child is allowed back into the school. You can read more about this story at 6 Year Old Georgia Student Brings Gun to School.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Christian County (Hopkinsville) Kentucky middle school student was arrested for bringing a gun to school. The boy, age 13, brought the gun to school and showed it to other students. It was a .45 caliber handgun with ammunition. While the weapon was not fired and it does not appear that the student intended on using the gun, the presence of the gun in the middle school did create a danger to the students and teachers. The gun could have accidentally been fired. Another student could have grabbed the gun and discharged it. The gun could have been used to threaten others. The combination of the gun with teenagers in a school system was a dangerous. Fortunately, nobody was injured or threatened with the gun.

You can read more about this story at Kentucky Middle School Student Arrested for Bringing Gun to School.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

USA Today reported on school killings in schools since 1983. A map published by USA Today illustrated school killings in elementary, secondary and post secondary schools across the nation. The map is interactive in that a reader can click on a geographic area or incident to find out more details on the school killings.

Children are sent to school to learn, socialize, and interact with other children. Schools should be havens of education and safety. Schools should not be the site of violent crimes. It is tragic that any child dies as a result of violence that takes place in a school. Educators and administrators should do their best to safeguard schools to prevent or reduce the incidents of school violence. You can view the interactive map and read more about school kills at U.S. Map - School Killings and Violence.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Legislators / lawmakers in Connecticut have proposed increasing the minimum age to 18 for someone to handle an assault or machine gun style rifle or weapon. This proposed Connecticut assault weapon legislation is in direct response to the death of an 8 year old boy who shot himself with an Uzi at a gun fair in Westfield, Massachusetts last October w, while his father looked on. You can read about this most tragic story in a prior blog posts at Boy Accidentally Shoots Himself with an Uzi at Westfield, Massachusetts Gun Show - Legal Rights and Responsibilities

Any time that there is gun legislation there is a debate between gun right / 2nd amendment proponents and those who favor restrictions on gun use and ownership. Gun right proponents argue that laws restricting the ownership and use of guns only takes guns out of law abiding citizens. Criminals have possession of guns with or without the laws in place. Others argue that there should be restrictions since this will reduce the injuries and deaths caused by the intentional and accidental shooting incidents.

Gun safety should be paramount to those supervising children around guns. Whether the laws allow the ownership or use of a particular gun by a child, it is still the duty of the parent and caregiver to make sure that all safety precautions are followed when children are using or near guns.

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

The parents of a teenage girl filed a wrongful death lawsuit following the death of their 18 year old daughter. The girl was shot and killed by Huntington Beach police officers when they responded to a 911 call about a woman walking with a knife in a park. The girl had been partying the previous night and after getting into a fight with her mother, who she attacked with a knife and cut, left the house with the knife. The teenager was later seen at the park with the knife. When told by police to give up the knife, the girl refused and told that police that she was on drugs and to kill her. The girl began running toward the police with the knife and was shot 15 times by policy when she came within eight feet of the officers.

The police were accused by the parents of using excessive and unreasonable force. Both police officers involved in the incident were cleared in an official investigation. The officers’ defense was that they were forced to make a split second decision when faced with a dangerous woman with a knife. To read more about this story see the Los Angeles Times article at Family Settles Wrongful Death Lawsuit for Huntington Beach California Police Shooting.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 6 year old elementary school student in Victorville, California brought a gun to school in his pants. He was sent to the school office for sagging pants. While in the school office, the gun slipped down the student's pant leg while a school clerk was helping him put on a belt. The 6 year old was suspended by the school due to the zero tolerance weapon policy. The boy took the gun from his father, Michael Lewis, who was later arrested for receiving stolen property and possession of a firearm by a felon. You can read about this story at 6 Year Old Student Brings Gun to School in Victorville California.

It is extremely dangerous for any child to have his or her hands on a gun without proper adult supervision. This child brought a gun to school which could have resulted in any number of tragic and deadly situations. While nobody was harmed when this child brought the gun to school, the lack of personal injuries or wrongful death in this California elementary school does not in any way diminish the importance of keeping guns locked up and away from the use and possession of young children.

Pursuant to Section 626.9, California Penal Code, it is a felony to bring a gun onto school grounds since it is a violation of the California Gun-Free School Zone Act of 1995. You can read more about this important law at the California Gun-Free Zone Act of 1995.

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

Children in Maryland day care centers / child care centers should be protected from all hazardous items inside and outside the facility. Pursuant to Title 13 A State Board of Education - Child Care Centers - Regulation 13A.16.10.04 - a child care center shall keep potentially hazardous items away from the reach of children. Harmful or potentially hazardous items include petroleum, gasoline, oil, and other flammable products. Cleaning agents like ammonia, bleach, and detergents need to be stored out of the reach or accessibility of children in the child care center. Poisonous items should be stored away from children and clearly labeled. The clear labeling of poisonous items will help prevent mistakes being made in the child care center as to these items. Firearms are prohibited from child care centers unless the child care center is located in a home. Even then, there are certain restrictions and regulations for the storage of a firearm in the home.

The purpose of these and other Maryland regulations is to protect children in child care centers from the real hazards and risk of personal injuries and deaths from hazardous conditions / products.

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

Babysitting can be a dangerous job. Just ask Nathan Beavers who was shot by a 4 year old he was babysitting in Jackson, Ohio. The 4 year old Ohio boy got upset because the babysitter accidentally stepped on the foot of the 4 year old. Apparently, there was a shotgun that was accessible to the 4 year old and he shot the babysitter. While the wounds were described as minor in a news report, it is quite troubling that the 4 year old had access to the shot gun, a weapon that could certainly inflict serious bodily injuries and death upon a victim. You can read about this story at 4 Year Old Shoots Babysitter and Another Teen in Jackson, Ohio.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Going to the movie theater during the holiday break can be deadly. James Joseph Cialella, 29, of Philadelphia, Pennsylvania became upset over noisy movie goers and decided to open fire in the movie theater. Police were called to the theater and arrested Cialella who was carrying a .380 caliber handgun in his pants.

Whether you are in the movie theater, restaurant, city streets or any other place, you never know who you will run into. People have tempers that are quite unpredictable. While events like the Cialella movie theater shooting cannot be predicted, parents with children and others should try to steer clear of stranger and temperamental folks during the holiday season and other parts of the year.

You read more about this story at Shooting at Movie Theatre in Philadelphia Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Georgetown Public School System in Massachussetts is considering giving students instruction in dealing with gunmen on school grounds. It is part of the "Code Blue" safety program. The instruction would include telling children to use backpacks or textbooks to try to fend off the gunman. A school resource police officer suggested the program in Georgetown, Massachusetts after hearing of a similar program being offered in the State of Florida. The instruction may need to be judged on results. If a child dies as a result of taking some kind of initiative or action as instructed, then many will say it was a bad idea. If a child is saved with such intervention, the school district and officer may be then seen as innovative heroes. You can read more about this program at Controversy Over Instruction to Teach Students to Fight Back Against Gunmen in Georgetown, Massachusetts.

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

Safety measures are vital when firearms are used while hunting. This is especially true when homes and children are in the area of the hunting activity. It it very important to take precautions while hunting or handling a firearm in any situation to prevent serious bodily injury and wrongful death to adults and children. In Swan Lake, New York, Charly Skala, a 16 month old toddler, died from gun shot wounds accidentally inflicted by Edward Taibi, a deer hunter. The horrible tragedy unfolded in the kitchen of her grandparents' mobile home. The family had gathered together to watch a football game. Charly was taken to Catskill Regional Medical Center in Harris, New York and then airlifted to Westchester Medical Center in Valhalla, New York where she died from the gunshot injuries. New reports did not indicate whether Taibi broke any local hunting laws;nevertheless, a hunter should be aware of his or her surroundings and make sure that no people are at risk when discharging a fire arm. This is especially true when there are homes in the area. Apparently, Taibi was friends with the property owner and had hunted on the property before. For more about this tragic incident, you can go to Swan Lake, New York Toddler Dies from Hunting Shooting - Hunter Charges and Arrested.

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

Christopher Bizilj, an eight year old from Ashford, Connecticut, died as a result of an Uzi sub-machine gun accidental shooting at the Machine Gun Show and Firearms Expo at the Westfield, Massachusetts Sportsman's Club. Christopher's father had given permission for his son to handle the gun prior to the incident. It is interesting to note that the father, Charles Bizilj, is the Director of Emergency Medicine at Johnson Memorial Hospital in Stafford, Connecticut. As such, it would appear that Dr. Bizilj has seen his fair share of gun shot wounds and injuries - both intentional and accidental type of shootings.

While Christopher was shooting the Uzi, it recoiled, he lost control, and then accidentally shot himself in the head. This is a true tragic course of events for the Bizilj Family and all involved with the incident.

The shooting shows the importance of gun safety and the dangers of putting a high powered weapon into the hands of an eight year old.

Massachusetts is a comparative fault state when dealing with negligence cases. In other words, a victim and / or the victim's family can collect compensation for injuries or death even if the victim or someone else was negligent as well. The amount of recovery or compensation is reduced by the amount of negligence on the part of a victim or a third party.

Jerry Belair, a spokesman with Stop Handgun Violence, a non-profit organization based in Newton, Massachusetts, noted that the Uzi is used in battlefields and that "it's not a toy. It's not something to play with."

In this instance, it is arguable that the father was negligent in allowing his son to fire the Uzi; however, it would appear that the gun show promoters, organizers, and instructor had superior knowledge to that of Christopher and his father, who practices medicine but probably does not hold himself out as a firearms expert or instructor.

The demonstration involving putting an Uzi in the hands of an eight year old put this child at unreasonable and unnecessary danger which in turn caused the untimely and tragic death of an eight year old boy. You can read more about this story at Boy Accidentally Shoots Himself with Uzi at Massachusetts Gun Show.

Jacksonville Estate Planning Lawyer, David Goldman who writes the NFA Gun Trust Lawyer Blog has an analysis of the violations of the NFA that occur when a child is allowed to use a Machine Gun. David Goldman also suggests how a NFA Firearms Trust can provide asset protection for owners of Class 3 weapons and firearms in general. Whether a person, business or trust owns a gun, safety is key to protecting yourself, children, and anybody within firing distance of a gun.