Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado Springs and other cities, child pedestrians are at risk in parking lots and roadways. A driver can never know for sure when a child is in a parking lot or attempting to cross a street. As such, drivers should be on alert and drive with care at all times. Of course, school zones, parks, and playgrounds are common areas where one would see a child pedestrian. We all also know that children are in all other areas as well. Drive with due care.

In Colorado Springs, Colorado, two toddlers in separate incidents suffered serious personal injuries. One was hit by a car near a car wash when the child wandered away from his father. Another was hit by a car while attempting to cross the street. For more details about these incidents, see Two Colorado Kids Hit by a Vehicle in Separate Incidents in Colorado Springs.

Any time that a child is injured - it is traumatic for the child, the family, and the driver as well. It is especially unfortunate when a child is injured and the incident could have been avoided with better driving and attention. Of course, some accidents are completely unexpected and unavoidable. If you have a question about an automobile accident involving an injured child pedestrian, get legal advice from a Child Injury Lawyer so that you can better understand the legal process, insurance claims process, and the rights of the injured child pedestrian.

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

Vicksburg High School's head football coach, Tom Marchese believes that concussions are more serious than most people think, especially because concussions have long-term effects. Marchese may be on to something. New studies reveal that repeated concussions may cause permanent brain damage that eventually shows up with symptoms such as depression, chronic headaches, early-onset dementia, and/or adult-onset attention-deficit hyperactivity disorder.

Because of the seriousness of concussions and in attempt to protect it teens and younger child athletes, the Michigan High School Athletic Association (MHSAA) is making "one of the biggest rule changes ever." Starting this fall, athletes in any sport who show signs of a concussion during a game must be pulled from play and evaluated by a doctor. If a doctor is not immediately available or the doctor has concluded that the athlete did sustain a concussion, the athlete will have to sit out for the rest of the game. And, in either case, the student athlete will not be able to return to play until the athlete gets a doctor's written permission to resume play. If you would like to read more about this story see MHSAA sets stricter rules for athletes with concussions.

Teenagers and younger children are especially vulnerable physically. Therefore, concussions can have more dramatic effects upon these younger individuals than adults. It is a good start that MHSAA is taking these extra precautions and protecting student athletes.

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

Child safety advocates are urging for lower teacher-child ratios in the classroom. Under the current state standard, Texas permits 2 caregivers to watch 22, 2-year-olds or 30, 3-year-olds. However, the child advocates are urging for two caregivers to watch 18, 2-year-olds, or 28, 3-year-olds.

Melanie Rubin, with the Texas Association for Mental Health, says the lower ratios are for the child's protection. However, the state Department of Family and Protective Services are hearing the critics of the proposed change. Some say it could force the price of day care to increase and others fear that families will abandon licensed day care in favor of a baby sitter or leaving their child with an older sibling.

Having a low teacher-student ratio does have some serious consequences. For example, Shavon Ransom, a preschool teacher at the Bock Child Development Center in Oak Cliff, said she has had to work in conditions where she was the sole supervisor for 17 children - a very chaotic and challenging learning environment. Ransom claimed that in these unfortunate scenarios, in order to calm the children down she would resort to sitting them in front of the television or in the arcade. A method she does not support. If you would like to read more on this story please see Texas child safety advocates urge for higher teacher-student ratios.

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

The incident that resulting in a a 2-and-a-half-year-old girl being left behind in a Wisconsin Park has an Appleton, Wisconsin day care center reviewing their policies. The girl was left behind at the park for about 30 minutes.

The incident happened on August 5 and, according to the police report, the day care left the park at about 12:10 p.m. Police officers arrived after the park after they were contacted by other concerned mothers who noticed the girl was unattended.

Although the girl was unhurt, Karen Olson, director of the day care center, Creative Child Learning, is still devastated by the incident and claims it is just unclear how the girl was left behind. Olson says staffers repeatedly counted the children, but the child was somehow forgotten. Creative Learning received a separate state order in the spring requiring closer supervision of children. This order was the result after a child got too close to a hot iron during an art activity. If you would like to read more on this story please see 2 1/2-year-old girl left behind at Wisconsin park by day care center.

Luckily, this girl was uninjured. Day care centers have an obligation to care for the children in their custody. While on field trips, day care employees can employ easy methods to check on their children such as the buddy system. Always keeping a watchful eye will tremendously reduce the risk of leaving a child behind while on field trips.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Littleton, Colorado and other cities, the new school year has begun. For most children, the first days and weeks of school are filled with fun new learning adventures, seeing friends, and making new ones. Unfortunately, the new school year has greeted some children with injuries, abuse, and neglect at the hands of child care and day care providers. In Littleton, Colorado, a child care worker showed poor judgment by duct taping a boy's hands to his head. This bad judgment in child care resulted in the day care worker's arrest by the Douglas County Sheriff's Office. Matthew James McGregor, age 21, was employed for Roxborough Roxstars, a program run for before and after school care for the Douglas County School District.

The Douglas County School District touts itself as providing quality care for children during, before, and after school. The Sheriff's Office reported that the incident may not have been intended as punishment but just horseplay between the substitute teacher and the student.

Teachers, substitute teachers, day care providers, and child care workers need to provide children with a safe haven during the school day and during before and after school programs. You can read more about this story at Colorado Teacher Arrested for Duct Taping a Student in Douglas County School Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Benjamin Janicki, a 19-year-old boy, was a summer hire as a day care aide at Park Hill United Methodist Children's Center. According to Denver's district attorney office, Janicki was arrested and faces at least felony counts of sexual abuse on three preschoolers. Janicki also faces three additional counts of sexual assault on a child by a person in a position of trust, also felonies. Parents were told that the victims were between the ages of 3 and 4-years and that there could be more.

Janicki had no previous arrests according to public records and is being held in a Denver detention center on $650,000 bail. He is entitled to a criminal defense attorney and a trial.

Janicki's case has forced the day care center to close while the state's Department of Human Services investigates "serious and significant supervision issues." If you would like to read more on this story see 19-year-old faces three counts of sexual abuse upon minors at a day care.

Day care workers are selected by the parents and/or guardians of children. A significant amount of trust is placed in day care providers and workers to care for and nurture another's child while the parents and guardians are at work, ensuring financial stability for the child. Any person who would abuse this trust is depraved and immoral. If you suspect someone is a victim of abuse, report the incident to local authorities immediately so an investigation can be prompted as soon as possible.

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

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

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

City officials stated the director of a Weslaco, Texas day care center was arraigned recently on a charge of injury to a child in connection to an alleged attack upon a 4-year-old boy. Yolanda Rodriguez, 55, the administrator of Happy Days Learning, allegedly assaulted the child for misbehaving. According to police, the boy had bruises on his arms, back and back of his neck.

Rodriguez was formally charged with a third-degree felony. Her bond was set at $10,000. If convicted, Rodriguez could face up to 10 years in prison and a find up to $10,000. Rodriguez is entitled to a criminal defense attorney and a trial. If you would like to read more about this story see director of day care facility in Texas formally child with causing child injury.

Although children need to have forms of discipline in their lives, there is a line between discipline and abuse. Hitting, grabbing, throwing or otherwise handling a child to the point of bruising should never be condoned. Children have fragile bodies as well as emotions and physical actions against children similar to this one can result in a lifetime of negative consequences to the child victim.

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

Two Louisiana families suffered a major tragedy after teens from both families drowned. The seven teenagers were playing in the shallow waters of the Red River when one teen stepped of the slippery ledge and plummeted into much deeper waters. The other teens tried to save the boy, but they too were overpowered by the water and taken into the deeper water. The onlooking relatives, who could also not swim, desparately screamed for help as they watched their teens vanish and drown.

DeKendrix Warner, 15, was the first to fall in and was rescued by a bystander.
Those who did drown were identified as two families: the Warners and the Stewarts. The Warners who drowned were: Takeitha, 13; and her older brothers JaMarcus, 14 and JaTavious, 17. Among the Stewarts were: Litrelle, 18; LaDairus; and Latevin, 15.

The area where the drowning occurred was not a designated recreational or swimming area and no lifeguard as on duty. If you would like to read more on this story see 2 Louisiana families suffer from drownings on hot summer day.

This is a tragedy for these families and their community. It is important to understand the inherent dangers of water. Make sure a lifeguard is always on duty, do not swim in areas not designated for swimming, maintain constant supervision of child while around water and everyone who is not deemed a capable swimmer should be adorned with the proper life-saving equipment when practical and available.

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

Eli Rodriguez, 32, was dropping off a family member at Doodle Bug Square Day Care, when he lost control of his Buick Century and his the day care building. Five children were taken by an ambulance to a nearby hospital, all with minor injuries.

Diana McPherson, the day care's owner, stated the obvious when she said the situation could have been much worse. The day care and its children and workers are all very fortunate to not have sustained serious or even fatal injuries.

Although the child may be all right; a little bit of fear stills remains in the back of their minds. Caitlin Covington, an 8-year-old who attends the day care said she just does not want to go back, "just in case." McPherson is already taking steps to make her facility more safe. McPherson recently bought concrete barriers to surround the facility.

The accident and its cause is still under investigation. However, investigators are under the belief that the driver's accelerator may have gotten stuck. You can read more about this accident here at Man runs into day car, five child suffer minor injures.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado has a adopted a new law that changed the requirements for children who have to use booster seats. Under the previous law, children between the ages of 4 and 5 were required to be restrained by a booster seat while in a motor vehicle. Now, under the new law, children who are 6 and 7 are also required to be restrained by a booster seat. Also, a child's height and weight are no longer the determining factors of whether or not a child should be restrained in a booster seat - the new law only has an age requirement affecting children under 8-years of age.

Many Colorado parents are unaware of the changes the new laws made. However, not obeying this law is consider a primary traffic offense in Colorado. An officer is legally able to stop you for the sole reason of not having your child in a booster or car seat. The minimum fine is $82 for every offense. However, police will give a warning in the law's first year. To read more on the new law see Colorado changes its booster seat law.

Parents, day care providers, babysitters and other people who transport children need to inform themselves of changes made by the new booster seat law. Hopefully, this law will decrease crash-related or other traffic-related child injuries.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A recent study conducted at the University of Chicago revealed that children with brain injuries may have difficulty developing story-telling skills. It is estimated that 1 in 4,000 children suffer from pre- or perinatal brain lesions, a brain injury with risk factors involving both mothers and babies. In the study, which was reported in the recent issue of Developmental Science, children with brain injuries were compared with children with normal development. Each group was asked to tell a story after given a situation with a suggestive narrative. For example, "Once there was a little boy named Alan who had many different kinds of toys." The children were prompted with questions like "Anything else?" until the children said they were done. The study found that the children with brain injuries told shorter and less complex narratives compared to the children with the typical developing children. However, each group had similar vocabulary and sentence comprehension abilities. Researches suggested the reason for the shorter and less complex narratives is that storytelling requires flexibility in word use and, therefore, may be more vulnerable to to developmental delays.

Other research has shown that a child's storytelling abilities may potentially be boosted if he or she is engaged in conservations around narratives. Parents of a child with brain injuries should closely observe the development of their child's storytelling abilities during the child's preschool years. If you would like to read more on this story see Research suggests developmental delays may affect storytelling abilities in children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Under a new law that goes into effect August 2010 in Miami, Florida will ban lone adults at designated Miami beach playgrounds. Adults found without accompanying minors will be asked to leave, and possibly fined. The ordinance, which was passed unanimously, was proposed by Miami Beach Commissioner, Jorge Exposito, after he witnessed a man "behave lewdly" in front of children at a Miami park. However, the ordinance is only effective in 19 newly designated "child-required" playground areas.

Opposition was voiced by a resident who regularly uses the playground equipment for exercise and has some constitutional issues. However, the law was passed with wide public support.

The ordinance resembled those of San Francisco and New York City, which makes it the responsibility of parents and park employees to report the violators to police. If you would like to read more on this new law see New Miami law makes it unlawful for lone adults to be in designated areas without accompanying children.

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

Paul Sniffen, a 6-year-old boy, was finally identified as the boy who drowned in a public pool in Castro Valley, California while on an outing with his day care center. Paul was found in about 4-feet of water at the Castro Valley Swim Center, he was pronounced dead at Eden Medical Center. The Center has different pools including a shallow pool, which has a depth of about 2 1/2-feet, and a deep pool, which has a depth of about 12-feet. Paul was observed playing in the shallow pool and, sometime later, he had moved to the deeper area of the pool. It was unknown how well Paul could swim. The Sheriff's Department is conducting an investigation regrading the circumstances of Paul's death. If you would like to read more on this story see 6-year-old boy who drowned in public pool while on day care outing is finally identified.

The death of this young boy is a tragedy for his family and the community. It is imperative that adults constantly supervise children while children are playing in the water or engaged in water-related activities. Although the water provides fun and exercise for children, it can be dangerous, harmful, and sometimes deadly to children.

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

New York State Police say Aaron Davies, a 2-year-old boy, drowned in an above-ground pool located in the backyard of the toddler's residential daycare facility in Greenville, New York. Aaron and nine other children were cared for by three women at the day care, which is unlicensed. Allegedly, while the children were in the backyard, the toddler climbed the ladder leading up to the pool without being noticed and entered the pool. It is believed the toddler was underwater for 3 minutes before he was found by the adults working at the day care. Rescue personnel was called and performed CPR on the toddler until he arrived at Albany Medical Center, where he was later pronounced dead. If you would like to read more on this story see Toddler drowns in backyard pool at unlicensed day care facility.

This child's death is a tragedy for his family and the community. Water, although fun and great exercise for children, is incredibly dangerous. Parents, guardians, babysitters, day care providers and employees need to maintain constant supervision while the children under their care are playing in the water. Before allowing a child to play in water make sure he or she is not too fatigued, is capable of swimming in the depths of the water or is provided the proper and approved safety devices. If you would like to read more water safety tips see Swimming Pools and Safety - Need for Consistent and Undistracted Adult Supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 13-year-old boy of Bradenton, Florida was arrested for the beating and the possible rape of a 22-month-old girl in a home-based daycare facility. Heather Lovett, the 21-year-old owner of the facility, left the teenage boy in charge of the facility, Our Kids Day Care, while she took something to her boyfriend. Lovett is allegedly dating the teen's father.

The toddler was taken to a hospital by her father after the father noticed injuries on the girl's body. Police reports reveal that the toddler was determined to have been choked, punched and sexually assaulted. The boy admitted to hitting the girl twenty times but denied committing any sexual assault. This is not Lovett's first complaint against her daycare. In June, a parent made a molestation complaint against Lovett and the older brother of the teenage boy charged in this case.

The registration of Our Kids Day Care has now been revoked by the state's Department of Children and Families. However, DCF would not have became involved if a major incident was not reported. This has parents, local authorities and other concerned citizen to question the screening and licensing procedures of Florida daycare facilities. According to published reports, DCF does not inspect or regulate daycare facilities that have fewer than 10 children; Our Kids Day Care cared for 5 children between the ages 10-months to 4-years-old. To read more on this story see Florida screening and licensing procedures are questioned by concerned citizens.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is now against the law in Kentucky to text while driving. If you are caught texting while driving you will only get a warning. However, starting January 1, 2011, you will be fined; $25 for the fist offense and $50 for subsequent offenses. The new law prohibits drivers from sending or reading text messages, instant message and emails. The law also completely prohibits drivers under the age of 18-years-old from using cell phones. Kentucky is 1 of 10 states to ban sending text messages while driving. And roughly 30 states have bans completely prohibiting the use of cell phones for drivers under 18-years of age.

According to Gov. Steve Beshear, there were more than 57,000 automobile accidents on Kentucky roads, and more than 200 fatalities, that were attributed to driver inattention and distraction. Lt. David Jude, Kentucky State Police spokesman, said 45% of automobile accidents in Kentucky are a result of driver inattention and distraction, it is by far the number one cause of collisions in the state.

The problem police still face in enforcing the new law is determining whether the driving was sending or receiving a text message.

The law permits adult drivers over the age of 18 to read, select and enter a phone number and name into a cell phone for the purpose of making a phone call. The law also permits these drivers to use GPS devices on their cell phones (drivers under 18 can use their phone's GPS device). The motorists can text while the vehicle is not in motion, for example, when the vehicle is stopped at a traffic signal. To read more details on the new law see Kentucky passes new law banning texting while driving.

The recklessness that results from texting while driving has been compared to the recklessness that occurs while driving under the influence of alcohol or other narcotics. This law is a step toward reducing the number of accidents on Kentucky roads as well as the number of injuries and fatalities resulting from driver distraction and inattention.

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

Pamela Hartley, a 56-year-old woman of Hamilton County, Ohio, was sentenced to 6 months in jail and banned from working in the childcare industry ever again. Hartley was one of two women who were accused of drugging children at a Hamilton County childcare facility.

After officials learned that Hartley was giving medication to children at the Covenant Apostolic Church Church Day Care Center, she was charged with child endangerment. Officials said the women were giving children, Melatonin, an over-the-counter sleeping supplement. Donna Scott, 41, is the other woman charged in the case. Scott has a trial scheduled in August and is entitled to a defense attorney. Hartley and Scott were both fired from the daycare. To read more details on this story see Hamilton County, Ohio daycare worker sentenced after giving sleeping supplement to children.

Parents and guardians place a tremendous amount of trust in a daycare facility and its workers. People hired as daycare workers should never neglect their responsibilities and respect the position they have been placed in.