Child Injury Lawyer Blog

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

Unfortunately, arguments and hot tempers have become commonplace at child sporting events. A survey by SportingKid magazine found that 76% of respondents had witnessed a verbal argument at a game, and a whopping 29% had witnessed a physical altercation – all between adults.

Experts charge that an atmosphere of tolerance has become pervasive, and that it is ruining the spirit of the game for children. Stories of ridiculous behavior include a former Mississippi congressman exchanging blows with a referee after the referee made a comment that caused the congressman’s child to cry. Other stories are much more serious, including the beating death of a parent at a youth hockey game in Massachusetts. The beating took place in front of two teams of ten year old hockey players. The National Association of Sports Officials reorts that it receives over 100 reports each year of physical contact by coaches, players and fans against referees. Referees have been kicked, punched, choked, head-butted and even knocked unconscious.

Ironically, the main lessons kids are supposed to get from team sports are teamwork, how to win or lose gracefully, and how to play by the rules. When parents lose control they are setting a very bad example for kids. Overzealous parents are teaching kids that it is okay to taunt the other team, to cheat, to keep playing even when injured, and to yell at officials when they disagree with a call. Experts and reasonable parents are calling for training, discipline and tough punishments for unsportsmanlike behavior. A special training program in Mississippi has resulted in a significant reduction in the number of players and coaches ejected from games for bad behavior. A similar program in Alabama has reduced ejections by 62%. Find out more about what schools and parents are doing to curb sports violence at Violence mars youth sports.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A five year old boy from West Wales, United Kingdom, fell off a child’s motorcycle that he had been given as a Christmas present. He suffered serious head injuries from the fall and died after being taken to the local hospital. The child was reportedly playing with the gift in an enclosed playground when the motorcycle accident took place. His father had taken him to the park to practice, since it was closed to automobile traffic over the holiday. Unfortunately, because the enclosed area is usually used for driving practice, it has a concrete surface. According to a neighbor, the park was locked up, but the short fence would be easy for someone to hoist a bike over. Police are calling this a tragic accident. They would not say if the child was wearing a helmet at the time of the accident.

Motorized vehicles, such as motorcycles, all terrain vehicles (ATVs), and go-karts are very popular among kids. Unfortunately, if they are not used with appropriate care, supervision and safety precautions, these toys can turn deadly.

Find out more about this tragic motorcycle accident that took the life of a child at Boy, five, dies after falling off child's motorbike he was given as Christmas present.

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

Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.

Children of any age need to be supervised by an adult when riding any kind of motorized vehicle. Adults can make sure that the road is clear of debris and other hazards, and enforce proper safety habits like wearing a helmet and keeping the speed of the vehicle under control. You can find out more about this tragic ATV accident that killed two children at Two children die when toy ATV drives into creek in Wills Point.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By 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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In June of 2009, Mattel and its subsidiary Fisher-Price, were accused by the United States Consumer Product Safety Commission of knowingly selling millions of children’s toys that were contaminated with lead paint, exposing children to lead poisoning. Mattel and Fisher-Price agreed to pay a $2.3 million civil penalty.

This month, consumers won a multi-million dollar recall suit, which will require Mattel to compensate consumers who purchased any of the affected toys. The settlement calls for the largest toy recall ever recorded.

It is encouraging, heading into the holiday shopping season, that shoppers will be able to buy toys for their loved ones with greater confidence. You can find out more about the recalled toys at Mattel Knowingly Imported Poison.

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

Troy Helms, an 11-year-old from Grove, Oklahoma was attending the Strut Your Mutt dog walk sponsored by the Humane Society of Grove and Grand Lake when he accidentally fell on the ground. A Great Dane attacked the child, biting down on his face and neck. The boy received more than 100 stitches.

Witnesses say that the dog’s owner simply loaded his dog into his vehicle and left the scene. He was later cited by police for the attack.

When owner’s take their dogs into public, they are liable for the actions of the dog. While animals are by nature unpredictable, an owner who suspects that his dog might behave aggressively in public has a legal and ethical responsibility to protect the public from the dog, whether that means leaving the animal at home or fitting it with a muzzle. They should certainly not bring the animal into a crowded event where there are children present. The story does not mention if the child’s family will file a lawsuit against the dog’s owner or the humane society, but they are certainly within their rights to do so.

Find out more about this story at Okla. Boy, 11, Mauled By Great Dane At Dog Walk.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Phillip Gross was driving an ATV on Maier Road, South of Mount Vernon, Indiana with two children, aged 9 and 12, as passengers. Gross reportedly hit a dog, causing the ATV to rollover, trapping Gross and the 9-year old under the vehicle. According to deputies of the Posey County, Indiana Sheriff’s Office, the boy died shortly after being transported to Saint Mary’s Hospital by Life Flight. Gross and the twelve-year-old girl were treated and the girl has been released.

ATVs are open motorized vehicles that can flip over, causing serious injuries or death to children and adults alike. Adults should take care when driving ATVs and make sure that they and their passengers observe safety precautions such as wearing safety helmets. You can find out more about this ATV Accident at Child killed in ATV accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, United Kingdom (England), and many other places, children love to play on trampolines. Unfortunately, children are injured on injuries every day. Many injuries can be avoided with better safety precautions and supervision. Children, especially young children, lack safety awareness. This is especially true when playing on trampolines. Jumping on a trampoline can be quite empowering for a child. Children often want to jump higher and higher. Children then try tricks like flips and jumping in and around each other. During these stunts or just regular jumping, children are injured.

One safety precaution that is vital is a safety net. Every trampoline should have a properly installed safety net. Furthermore, all trampolines should be assembled per manufacturer instructions and placed on a flat secure area. Thereafter, trampolines should be inspected and maintained on a regular basis. There is no substitute for proper adult supervision as well. Trampolines that are properly maintained with safety nets are still hazards for children if there is no adult supervision. You can read more about trampolines Dangers of Trampolines: Child Injuries and Safety Measures.

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

Playgrounds are present in every community and most every elementary school in the United States. Most playgrounds are equipped with a slide. Unfortunately, children suffer injuries when using playground equipment including swings, ladders, monkey bars, slides, and other areas. With respect to slides, many parents and caregivers enjoy sliding down slides with small children on their laps. A medical study conducted by John T. Gaffney, D.O., Orthopaedic Surgeon with Winthrop Orthopaedic Associates in New York was reported in the Journal of Pediatric Orthopaedics. Dr. Gaffney studies the relationship between child injuries on playground slides and the cause or mechanism of these child injuries. The study found cases or incidents that showed that parents, who slide down slides with their small children, can often be the cause of fractures to their children. As child and parent go down the slide, the child's foot or slide can get stuck on the slide. Due to the weight and force of the parent, an injury can result to the child's leg or foot that gets stuck. You can read more about this story at Playground Slides - Risks of Injuries to Small Children.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Safe Kids Utah has a great website ( www.safekidsutah.org) that provides safety tips and advice to parents. In reviewing this website, parents can read helpful information regarding:

Amusement Park Rides; Fireworks; Trampolines; Travel safety tips; Swimming / drowning; ATVs (All Terrain Vehicles); and Home alone safety tips.

Children suffer personal injuries every day in the State of Utah from recreational and sports activities as well as everyday activities. It is important for parents to educate themselves on safety precautions so that this knowledge can be passed on or taught to their children.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Liberty, Iowa, a day care center recently closed its doors. KCRG TV 9 ABC News reported the story. The center had 95 children enrolled in the day care program. Now the families of these children will need to find another Iowa day care center for child care. The State of Iowa - Department of Human Services did not force the closing of the center; however, a recent inspection of the facility did reveal a number of violations of day care / child care regulations including vans in disrepair repair, safety issues in the playground, and dirty carpet. Parents were reportedly happy with the staff and kept the children in this facility despite these and potentially other problems.

Day care centers in Iowa should employ caring staff members and also maintain the facility in a safe and clean manner. Parental loyalty to a facility and the willingness to overlook violations of day care regulations does not mean that a child is enrolled in a safe facility. You can read more about this story at North Liberty Iowa Abruptly Closes Its Doors.

Day care facilities that are in disrepair often times are the sites of serious personal injuries to children enrolled in the facility. Safety should be a primary concern for a day care center rather than an after thought.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Years ago, cheerleading was dominated by pom poms and simple cheers. Over time, cheerleading evolved to include acrobatics, flips, and free fall from high pyramids. As a result thereof, cheerleading has become a very dangerous sport riddles with serious personal injuries to boys and girls alike. While safety efforts have been stepped over over the past few years, there continues to be serious personal injuries and deaths while practicing and performing cheerleading routines and stunts. It has been reported that there were 67 fatal, disabling, or serious personal injuries resulting from cheerleading incidents between 1982 and 2007. This accounted for over 60 percent of the total incidents of injuries to female high school student athletes during this time period.

If you have a child participating in cheerleading or other sports, ask the coach about the routines that will be performed and the risks of the sport. Also ask about safety measures and policies / procedures regarding the same. You can read more about the risks and dangers of cheerleading at Cheerleading Is a Dangerous Sport.

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

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. Pursuant to Section R9-5-604 - AAC - Outdoor Activity Areas, a child care facility / day care center has a duty to provide a playground or outdoor activity area for children enrolled in the day care program. A day care operator should not place the outdoor play activity in an area that requires children to cross a parking lot or street unless the operator obtains written approval from the Department. In addition, operators have a duty to enclose the outdoor play area / playground with a fence that is a minimum of 4 feet high and secured to the ground. A proper fence will help prevent children from wandering out of the secured play area. The playground area shall be maintained in a manner that protects the health, safety, and welfare of the children. Many personal injuries result from improper or inadequate ground services. As such, Arizona law requires that a child care facility have a shock absorbing rubber material or, in the alternative, 6 inches of of a nonhazardous material like loose sand or wood chips under swing sets and other play equipment. These materials help cushion falls and, thereby, help prevent personal injuries to children playing in the playground area.

Even if the playground is in compliance of the applicable code provisions, supervision is still vital to prevent injuries that occur on playgrounds. Children often lack good judgment when climbing and playing with others. As such, dutiful adult supervision is necessary to guide the children and prevent them from getting hurt.

If you believe that your child has been abused or neglected in a day care center / child care facility, call an Arizona child injury lawyer for consultation as to your child's rights under Arizona law and actions that can be taken against the facility that violates your child's rights.

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

The Massachusetts Department of Heath requires recreational / summer camps to complete an Accident / Incident Report for injuries / ill campers. The form must be completed when a camper suffers a death or serious personal injury that requires the camper to be sent home or requires the camper to be seen in a hospital or doctor's office for evaluation. Serious personal injuries include those requiring suturing or resuscitation. They also include injuries involving broken or fractured bones or admission into a hospital. The incident / accident report must be submitted to the Massachusetts Department of Health within 7 days of the incident causing the injury.

If you have a child in summer camp / recreation camp who suffers an injury as a result of negligence or inadequate supervision, contact a Massachusetts child injury lawyer / attorney for consultation, advice, and representation as to issues involving past medical bills, current medical treatment, future medical bills, and compensation for pain and suffering associated with the personal injuries.

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

California parents rely on child care center to provide their children with supervision, educational instruction, indoor play activities, and outdoor play activities during the day. Unfortunately, children suffer personal injuries at day care centers / child care centers on playgrounds. Many of these incidents result from inadequate or improper supervision and or negligent playground maintenance /design. Because children are prone to injuries at child care center playgrounds, the California Department of Social Services require child care centers to comply with Section 101238.2 -Outdoor Activity Space. The regulations as to child care center playgrounds / outdoor activity spaces can be accessed online at California Child Care Regulations.

The playground area needs to accomodate enough space so that there is 75 square fee of space per child based on the total licensed capacity for the child care center. Since California weather can get quite hot especially over summer months, the child care center must provide a shaded rest area for the children that is situated close to the playground area. The surface for the outdoor activity / playground must be kept or maintained in a safe condition free from hazards like holes, broken glass, debris, and garbage.

Many children are injured due to improper or dangerous playground surfaces below high climbing equipment, slides, and swings. It is important for child care centers to use surface material that absorbs falls. Approved or allowable surfacing materials include sand, wood chips, and pea gravel. While not particularly referenced, it would appear that rubber tire chips or mulch would also be acceptable as a playground surface below equipment like slides and monkey bars.

Child care centers have a duty to fence the playground area with a fence that is at least four feet high. Fencing is a tool that helps keep the children inside the play area and that prevents or discourages children from wandering away. Of course, a fence should not be used as a substitute for good supervision.

California child care centers that diligently follow the regulations help prevent or avoid many personal injuries that take place on playgrounds. If a child is injured at a California child care center or other area and the child requires medical care, the child care center has a duty to report the incident to the parents and to the Department of Social Services. See prior post - California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

Parents should request a copy of the report to make sure that the parents have the information and details as to the incident and injuries from the child care center. A California child injury lawyer / attorney can review the report and other information to determine the child's legal rights and entitlement to compensation for injuries and medical bills.

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

In North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

As to playground safety, it is important for day care centers to pay close attention to details and regulations as they apply to the ground surfacing of the playground area. North Carolina day care regulations provide the following as acceptable materials for playground surfacing - wood mulch, double shredded bark mulch, fine sand, coarse sand, and pea gravel. The depth of the ground surface is dependent on the height of the playground equipment. Children jump off of playground equipment and often have falls while playing on playground equipment. Proper ground surfacing can help cushion the force or trauma caused by a fall. This, in turn, can help avoid or reduce the extent of child personal injuries on North Carolina day care center playgrounds.

Under Rule 605, Conditions of Outdoor Learning Environments, all outdoor / playground equipment must be in good repair and maintained in a useable condition. The equipment should be sturdy and stable. Inspections and periodic maintenance are important to keep the equipment free from sharp edges, loose nails, splinters, pinch points, and crush points. All broken playground equipment should be removed from the playground or otherwise made inaccessible to the children. Playground areas should be fenced and kept away from bodies of water and other dangerous areas. With proper maintenance of playground equipment and supervision of the children, incidents involving serious personal injuries can be avoided or reduced. If a child is injured as a result of the negligent maintenance of playground equipment or negligent supervision of children, a parent may be able to pursue an insurance claim or civil case against the day care center / child care center. A North Carolina child personal injury attorney / lawyer can help advise parents as to the myriad of legal issues that arise when a child is injured.