Child Injury Lawyer Blog

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

Every year, more than 5,100 American children are taken to the hospital after falling out of windows. More than a quarter of these children are admitted with serious injuries.

Between 1990 and 2008, nearly 98,415 children under the age of 18 were treated at hospitals for injuries sustained after falling out of a window. Tragically, two of the window failing incidents resulted in the death of a child. Toddlers led the injury statistics, however, accounting for two-thirds of all cases because they are curious, don't understand the danger, and have a high center of gravity.

Although the number has slightly decreased over the last 19 years, the number is still too high. While many people know how to prevent this problem, there are still those who do not.

Parents, baby sitters, schools, and day care centers need to make an extra effort to keep their children safe around windows. Window screens will not be enough. However, child care providers can ensure that kids do not have access to a window. For example, furniture can be moved away near windows so that children cannot climb atop, by therefore putting themselves more at risk to falling.

Parents can also install window guards or stops. Some cities, in fact, may have mandated this already. In New York, for instance, the Health Code requires apartment buildings to install guards on all windows in households with kids under 11.

If parents perform these simple safety tasks, they can decrease their child’s risk to falling out of a window.

For more information, see Thousands of kids in hospital for window fall.

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

A 7-year-old child was transported to a local New Jersey hospital after the child fell from a chairlift at the Campgaw Mountain Ski Area in Bergen County. Bergen County Police spokesman Lt. James Giblin confirmed the child sustained a head injury as a result of the fall. Before being transported to the Hackensack University Medical Center, the child was reported alert and conscious. Campgaw Supervisor Ron Fuhr said the boy fell anywhere between 15 and 20 feet. The boy fell off the chairlift as it was approaching the unloading station and the safety bar had been raised. Fuhr said this was normal procedure and the child had just scooted too far forward. No charges have been filed in the incident, however, it is still under investigation. For more read 7-year-old boy falls from chairlift at Campgaw Mountain Ski Area in Bergen County, New Jersey, sustains personal injuries. There is no information as to whether the child was accompanied by an adult or other competent person while riding the chairlift. When small children are concerned, the best approach to take in preserving their safety or preventing them from sustaining personal injuries is to maintain constant and incessant supervision. Some times, children are unable to appreciate the dangerousness of their environments. Therefore, having an adult or other competent person providing constant supervision is highly likely to reduce any risk children may have at sustaining bodily harm or other personal injuries.

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

In Lynn, Massachusetts, a personal injury lawsuit was filed against the owner and operators of a home-day care provider after their son fell from the home's second story porch and crash head first in the cement. John Yasi, attorney for the Lynn family, said the young boy, Kelvin Sholola, sustained severe personal injuries including a brain injury and fractured bone in his forehead. Yasi also stated that Kelvin may suffer lifelong developmental issues because of the incident due to Kelvin's age and the location of his personal injuries. The lawsuit against the Massachusetts day care operator, Lucilia Guerrero, who was licensed to operate the facility, left Kelvin, who was 21-months-old at the time, and his two other siblings unattended. Being left unattended, Kelvin fell from the second-floor porch of the home because of "rotted wooden slats and insufficient protective barricading." The kids were apparently prohibited from being on the porch by the home's state license. Therefore, the family is not only alleging the children were improperly on the porch, but also that they were unsupervised by Guerrero. Kelvin was "comatose for several days" after the incident. However, he is presently out of the hospital although his speech, amongst other things, have appeared to slow down in development. Guerrero eventually surrendered her license after the incident. For more on this story see Family files lawsuit after 2-year-old boy falls from porch of his home day care facility.

This injury, like many other childhood personal injuries, was preventable. Constant and consistent supervision is key to keep children from suffering severe or critical personal injuries that could have lifelong consequences.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents seem to be unaware of the substantial number of personal injuries children sustained in their own home. Children are naturally hyper and, as a result, like to run, leap, climb and jump all over the house. A number of these household injuries send children to the emergency rooms. One of the most common injuries occur from children jumping on beds. Although, "no jumping on the beds" is a common household rule, many parents do not realize that child personal injuries also occur from children engaging in other playful activities. For example, many children hit their heads on dressers or nightstands because they were jumping or leaping around the furniture. Children sustain serious lacerations to their head or other parts of their bodies that require medical attention. Another common youth personal injury seen by doctors is hematomas - a collection of blood between the outside of the bone and skin (nicknamed as an "egg" by most doctors). Television sets are another major contributor to childhood personal injuries. Televisions are getting bigger and bigger and are toppling over on children more frequently. In fact, the United States Consumer Product Safety Commission estimates over 14,000 emergency room visits by children ages 5 and younger caused by TV injuries. Finally, a common personal injury seen in older children are serious head injuries that are the result of them falling from book shelves or other climbable objects. These types of falls can cause "closed head injuries" which mean bleeding internally and around the brain. The key to keeping your child out of harm's way in your home is constant supervision - endless, incessant, tireless supervision! If you would like to read more on this topic please see Common household injuries - Things parents need to know.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the Dorchester County Sheriff's Office in South Carolina, a five-year-old child sustained significant head injuries after the child fell from a second-story window in the Haven Oaks Apartments. Apparently, the child was trying to close the window when the fall occurred. Officials said the child sustained a head injury from the fall and was found bleeding from the nose and mouth. The child was taken to the hospital. If you would like to read more on this story please see Child falls from second-story window, sustains head injury.

Many child personal injuries occur in the home. The most common forms are youth personal injuries occurring in the home are caused by children falling out of windows, ingesting cleaning products, and having large household items, such as television sets, fall on top of them. A key to prevention is child-proofing or baby-proofing your home. Inspect play areas before allowing your children to play in certain areas of your home. If you would like more tips on keeping your home safe for children please read Home Safety Council - Great Safety Tips for the Home and Day Care Center.

Also, if you would like to read more about window safety please see Windows Can Be a Risk for Injury for Children.

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

Rev. John Jenkins, President of Notre Dame University, has recently admitted responsibility in the tragic death of Declan Sullivan, a 20-year-old student videographer at the university. Sullivan was killed when a hydraulic lift he was on toppled over while he was filming an outdoor football practice. The National Weather Service reported gusts up to 51 mph on the day the incident occurred.

The State of Indiana is still investigating the incident. The State of Indiana is looking into whether federal and state workplace safety rules and industry standards prohibiting workers from using scaffolds during high winds and storms were violated. Authorities are also planning to review whether or not Sullivan received any training before using the scissor lift. If you would like to read more on this story please see Notre Dame President recently admits responsibility in student's death.

The death of this young man is a tragedy for his family and community. Safety training and other safety precautions may seem tedious and pointless at times, however, it is imperative that safety regulations be followed by employers and schools. Following safety guidelines will prevent workers and students from sustaining personal injury as well as prevent tragic deaths.

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

A 3-year-old child was injured in Montcalm County, Michigan after falling in the child's family barn. According to officers, the child was playing inside the barn when he feel 8 to 10 feet onto a cement floor. According to police, the 3-year-old sustained a serious head injury. The young boy was transported by helicopter to a hospital in Grand Rapids, Michigan. He is listed in serious condition. Deputies have ruled this incident an accident. If you would like to read more on this story please see 3-year-old falls from family barn sustains serious head injury.

Young children like 3 year olds often times do not appreciate or recognize the dangers of heights. As such, young children are at risk for injury when playing on or standing on an elevated area. When children are on elevated areas, it is important to have railings and other safety equipment for the protection of children. Supervision is also key to preventing tragic child injuries. Of course, it is difficult to prevent all injuries from occurring. However, simple safety measures and supervision can help avoid many unfortunate incidents from taking place.

While a child's fall from a hayloft may not be that common, injuries sustained in playgrounds In Michigan and other States are quite common. The same principles of safety measures, safety equipment, and supervision apply to playgrounds. Typically, playgrounds typically have a number of elevated platforms. For young children, the elevated platforms can be quite fun but also quite dangerous. Make sure that the playground is age appropriate for your child and designed in a way that provides for the safety of your child. Always maintain good supervision when your child is in a playground area. Maintaining supervision over a child while he or she is playing will decrease the likelihood that he or she will fall and sustain personal injuries because you, as a supervisor, will be able to quickly spot when the child has climbed too high, is running too fast, or is otherwise engaging in risky behavior on play equipment. Another way to prevent children from sustaining person injuries is to check the play equipment for its condition and safety before allowing children to play on the equipment. If you would like to read more safety tips concerning playground hazards please read Playground Hazards - What Parents, Teachers, Day Care Providers and Others Can Do to Help Prevent Child Personal Injuries on Playgrounds?.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Staffers at the Hennepin County Medical Center are concerned with the high rate of children falling through windows this summer. In this year alone, HCMC has treat 14 different pediatric patients after they have fallen from windows. These patients ranged from 17-months-old to 7-years-old. This number is double from 2009, where HCMC treated 7 pediatric patients who suffered injuries from window falls.

Minnesota has issued a new law that affects the construction of windows in new homes and buildings. However, this new law will do little for existing homes and buildings. If you would like to read more on this story see Windows present dangers for children.

Below are some Window Prevention Tips:
1. Use window guards or window stops.
2. Install window guards to prevent children from falling out of windows. (If you live on the 6th floor or lower, install a window guard that can be easily opened by both adults and children)
3. Install window stops to prevent windows from opening more than 4 inches.
4. Never depend on window screens to prevent your child from falling out of a window.
5. Whenever possible, open windows from the top - not the bottom.
6. Keep furniture (and other "launching pads") away from widows to keep children from crawling and climbing around windows.
7. Some jurisdictions require landlords to install guards. Check the laws in your local jurisdiction.

If you would like to read more articles about children falling from windows see Marysville, Washington Boy Suffers Injuries Falling From Window.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 2-year-old girl was seriously injured at her day care in Raleigh, North Carolina. Apparently the toddler was attempting to climb a bookcase, when the bookcase fell and hit her on top of the head. The incident is being investigated by the Tennessee Department of Human Services - specifically the supervision issue.

The day care facility, Bright Horizons day care, voluntarily closed after the accident and is uncertain when it will reopen. The facility cared for 75 children and had 13 staff workers.

The facility has been inspected in the past and Tennessee DHS officials were found to incomplete files and an improper ratio of caregivers to children. After the director of the center was replaced there have been no violations after subsequent visits. If you would like to read more about this story see Toddler falls off bookcase in Raleigh day care.

Hopefully this child was not injured badly and will make a full and quick recovery. Day care providers and child care workers eed to maintain constant supervision over their children, especially toddlers. Toddlers are curious and have an overwhelming tendency to wander into places that are not "child-proof". Therefore, adults, guardians, care takers, day care providers and babysitters need to always keep a watchful eye out for the health, safety and well being of children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the Consumer Product Safety Commission (CPSC), families of about 200,000 children confront injuries associated with unsafe playground areas and equipment annually; an estimated 51,000 incidents / accidents occur on home playground equipment. Most of the injuries result from falls.

Below are some basic strategies parents and other adults can use to reduce the risk of injury on home playgrounds:

1. You alone can prevent injuries from occurring. - Inspect the equipment before you allow your children to play on it and constantly supervise children while playing.
2. Make sure play areas are bordered with proper cushion. - Remember most injuries are the result of children falling from playground equipment. Equipment surrounded with shock absorbing cushion will ensure less severe injuries.
3. What should you avoid? - Play areas surrounded by concrete, asphalt, grass or dirt. Always use protective surfacing.
4. Inspect the play area. The following conditions should be removed, repaired or corrected immediately: (a) unsafe openings as these create head entrapments and increase the risk of strangulation; (b) install guard rails; (c) remove exposed moving parts of play equipment as these create the risk of pinching or crushing; (d) never wear bicycle helmets on playgrounds - helmets can get stuck in the equipment and increase the risk of strangulation; and (e) avoid dressing your children in loose clothing or clothing with strings - these types of clothing can get wrapped around a child's neck resulting in strangulation.

To read more safety tips and advice regarding playground areas see Simple safety instructions for playgrounds.

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

The Michigan Supreme Court handed down a decision that may have an effect on businesses and schools within the state that offer recreational activities for minors. The Supreme Court of Michigan ruled that a parent's signature on an injury waiver does not waive the legal rights of a child who is hurt at play. Essentially, a parental signature on behalf of a child binds the child to the contract. The Michigan Supreme Court said that parents do not have the authority to do such. The court's decision reasoned that Michigan's common law prevented a parent from entering into a contract restricting the rights of a child.

The case involved a 5-year-old boy, Trent Woodman, who broke his leg at Bounce Party, an indoor recreation center, after he jumped down an inflatable slide. Woodman's mother sued the owner of Bounce Party claiming improper supervision and negligence on behalf of the recreation center; the child was not provided a pad to move down the slide as required by the device's manufacturer.

The dissenting justices predicted that the majority's interpretation of the Michigan's common law would result in widespread fallout because of increased liability risks for recreation sponsors. Justice Stephen Markman, a dissenting justice, said consequences of the majority's decision will be felt throughout the state, "including both an increase in litigation and a reduction in sporting and recreational opportunities for children." However, justice Diana Hathaway said the dissent's predictions of doom were overstated. Justice Hathaway stated that children will still continue to play sports or other recreational activities and go to bounce parties, just as they do in other states. The family's lawyer, Paul McCarthy, said anyone who takes a child into their custody "needs to be held to the minimum standards required by law." To read more about this topic see Michigan Supreme Court rules against enforceability of injury waivers. You can read more about inflatable bounce devices at Dangers of Inflatable Slides and Bounce Houses at Parties and Amusement Centers.

The validity of parental waivers is ruled upon State by State. Some States may very well enforce them while others may not. It is certainly against public policy to allow a business, individual or other entity to act with reckless disregard or negligence and avoid legal responsibility for such actions. The Michigan Court's decision is a good one for child safety and public policy.

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

In Tremont City, Ohio, a 6-year-old girl fell off the trampoline located at her home. The child was being watched by her grandmother through the back door of their home. After the accident, which the grandmother witnessed, the child walked into the home then vomited and lost balance. She was flown to a nearby hospital where she was diagnosed with a mild concussion. The grandmother stated the trampoline was usually secured by a safety net, however, it happened to be unattached on the day the accident occurred. Although the family has had the trampoline for four years, the family took the trampoline down after the accident.

Devices such as trampolines or other play equipment are a great source of fun for children. However, fun-filled playgrouund equipment can be extremely dangerous and pose a serious risk of injury to children. Parents should take extra precautions if they decide to maintain playground equipment for their children, such as the safety net for the trampoline this family had. Children sometimes do not appreciate the dangerous nature of the equipment they play on. Therefore, parents, care takers, daycare providers, babysitters, and others need to take all reasonable precautions and safety measures to protect children from sustaining bodily injury from these types of playground equipment.

To read more on this incident see 6-year-old Ohio Girl Falls Off Trampoline, Suffers Head Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother’s piercing screams brought the Washington state high school wrestling championships to a sudden halt in Tacoma recently. The woman’s seventeen month old child had just slipped through a gap in the bleachers at the Tacoma Dome, and had fallen twenty to thirty feet to the concrete below.

Amazingly, when medics reached the girl behind the bleachers, they found her conscious and moving about. She was rushed to the hospital, and is reportedly doing well, though her condition was not officially released.

A spokesman for the Tacoma Dome is calling this a freak accident, saying that the dome has been in existence for over twenty five years and this is the first time an accident of this nature has taken place. Immediately after the accident, Tacoma Dome employees searched the arena for gaps and taped over several as a temporary measure until more permanent modifications can be made. Investigators are now talking to witnesses to piece together what happened. They have said they will do whatever it takes to keep such an accident from happening again.

At the same event, a person fell through a ceiling tile in a restricted area, but was not injured badly enough to require a trip to the hospital.

To find out more about this harrowing accident at the Tacoma Dome, visit Child injured in fall from Tacoma Dome bleachers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A serious defect with restraint straps has led IKEA to recall its “Leopard” style baby highchair. Parents, who own a Leopard highchair, are advised to stop using it right away and return the chair to IKEA. They will receive a full refund. According to a store press release, the chair has problems with its snap locks, which could cause the seat to fall out from under a child while it is sitting in the highchair. Loose snaps would also pose a choking hazard for small children. The company has received eleven reports of defective restraint straps, and one report of an injury related to the defective straps.

According to a company spokesperson, any child seats sold at IKEA are us. It is troubling that a large, established company like IKEA would begin selling a children’s product without thoroughly testing it first. If an injury case related to these defective highchairs goes to trial, the company’s product testing policy will likely be central to the case.

Read more about the IKEA defective highchair recall at IKEA recalls highchair.

If your child has been the victim of a defective product, please contact our firm for child injury legal counsel.

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

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

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

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

By 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.

In Pleasanton, California, a 3 year old boy fell out of a hotel window from the third floor. A fall from this height can result in serious personal injuries, head / brain trauma and damage, and, in some cases, wrongful death. Fortunately, the child's fall was cushioned by a screen and a hedge. The child had leaned on the screen attached to the window prior to the fall. The child was taken to Children's Hospital for treatment and evaluation. The fact that this child only suffered minor injuries is a minor miracle. This story shows the importance of safety precautions and supervision when a child is staying in a hotel or any building with windows that open or are accessible to children. You can read more about this story at Boy Falls from Hotel Window in California Suffering Minor Injuries.

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

In Ohio and other States, children and students enjoy the amenities and sites of state and national parks every day. Unfortunately, many students and children are injured in these parks. Some even die. In Cambridge, Ohio, a college student (Amy Adams) from Muskingum College recently died. She was hiking at a park in eastern Ohio when she fell from a cliff at Hosak's Cave. She was air lifted to Akron General Hospital where she died. Park officials state that Amy wandered off of a marked trail to get to the top of the cliff.

It is truly sad that a college student with such zest for life and adventure died.

While there is adventure and fun at state and national parks, there are also many dangers. All visitors, adults and children, should pay close attention to warning signs and dangers in these parks.

State and national parks have a duty to keep the parks as safe as possible. Trails and dangerous areas should be clearly marked with appropriate warnings and signage when reasonable and possible.

You can read more about this story at College Student Dies in Ohio Hiking Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, schools, and organizations rent bounce houses every day. Yes, bounce houses can be fun but they can also be dangerous. Bounce houses are known to be a common area where personal injuries to children take place. When renting a bounce house, parents, schools, and organizations should be careful in which company / operator is selected. The following issues / questions should be considered:

Is the bounce house owner / operator insured?

Did the bounce house owner / operator provide you with a copy of the insurance?

What experience does the bounce house owner / operator have?

What training did the bounce house owner / operator receive?

What safety measures are put in place by the bounce house owner / operator?

Does the bounce house owner / operator provide supervision of the bounce house?

For the safety of the children, the following measures should be put in place:

* a tarp should be placed underneath the bounce house;

* the bounce house should be staked down or alternatively weighted down with weights or sandbags;

* the bounce house should be thoroughly inspected once it is inflated to make sure that there are no holes or tears in the unit;

* the bounce house should be attended by the owner / operator or other adult while in use by the children;

* children under the age of 3 should be kept out the unit;
(Safety experts may disagree on this age requirement or minimum age for use of bounce houses.)

* children of mixed age ranges and sizes should not be in the unit at the same time. In other words, it would be dangerous to have 12 year old children bouncing around with a 4 year old children.)

* the maximum number of children should not be exceeded.

There are other safety measures and procedures that can be utilized as well. Even with careful planning and supervision, injuries can still take place on or around bounce houses. It is clear, however, that the implementation of safety measures can reduce the incidents of personal injuries sustained in and around bounce houses.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety of the New York Codes, Rules and Regulations (NYCRR), child care centers must have railings from the floor or ground to prevent children from falling off of porches, stairs, and decks. In addition, child care centers must provide and maintain barriers to keep children out of and away from unsafe and dangerous area. In particular, a child care center must have barriers in place in areas where there is a swimming pool, drainage ditch, well, hole, wood / coal burning stove, fireplace, and gas heater.

New York day care centers have a duty and responsibility to follow these regulations not only to comply with the laws but also to keep children safe. Properly installed and maintained railings and barriers can help prevent or reduce the number of child injuries from falls, dangerous conditions, and drownings.