Child Injury Lawyer Blog

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Phoenix, Arizona and other States, parents rely on day care centers to provide a safe and clean environment while the parents are at work. The day care center has a duty to provide consistent supervision so that the children are kept safe and free from dangers and hazards. Unfortunately, some day care centers put a child at risk for personal injuries when the supervision is lacking. It is vital that day care centers have policies, procedures, and safeguards in place to prevent children from wandering out of the facility. In Phoenix, Arizona, it was reported by the local news that a child wandered away from a day care center. Fortunately, the child did not suffer any serious personal injuries and was returned safely to the day care center and ultimately to the child's family. While there were no injuries reported, the risks were still there and actions should be taken by this facility to prevent future incidents of this nature. See Toddler Wanders from Daycare Center in Phoenix, Arizona.

It is a challenge to be a parent. There are challenges to finding the right day care center, finding the right babysitter, helping children with their homework, getting the child to right doctor, etc. . . It is even more challenging for a parent when a child suffers a personal injury as a result of the fault or negligence of another person, school, day care center, motorist, or other entity. The book titled - The ABCs of Child Injury - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Treatment / Medical Bills, Damages / Compensation, Sports Injuries, and other topics.

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quest Alliance, a day care center for special needs children located in Phoenix, Arizona, is charged with negligence for the second time after 6-year-old Tanner was left in a hot van, in the middle of the day, for more than an hour.

In 2007, Quest Alliance was charged with negligence after Jason Allan, who was an autistic 8-year-old, wandered away from the facility and was later found dead in a nearby canal. Allan had drowned.

The incident involving Tanner is now the second incident of negligence from this day care center. Luckily, Tanner was rushed to the hospital after his mother, Tracy Roberts arrived at the day care center and found her boy strapped and locked in the car. At the hospital, Tanner was pumped with fluids and later sent home.

It is unfathomable that this negligence not only happened once, but also happened twice. Although Quest Alliance took immediate action after the 2007 incident by devising a corrective plan to attempt to avoid future incidents from taking place. Clearly, something went wrong again. Employees working at day care centers especially need to be more aware of their surroundings and the children under their care, supervision, and guidance. There is no excuse for children wandering off, or children being locked in day care vans. Parents need to make sure that the day care centers they leave their children with are well equipped with precautionary measures, rules, and protocols.

For more information on this incident, see “Arizona Day Care Under Investigation After Boy Left in Sweltering Van.”

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

19-year-old Adrienna Lee Shipp of Whiteriver, Arizona, was indicted on a second-degree murder charge. The charge stemmed from a drunk-driving incident where prosecutors says she ran over two children. The incident occurred on May 5, 2001. The indictment alleges on that day Shipp killed one child and seriously injured another after she ran over them with a truck. The indictment also alleges she was driving drunk on the Fort Apache Indian Reservation when she killed one child and hit the other. Shipp was also charged with assault resulting in serious bodily injury. For more read Arizona woman indicted with second-degree and assault resulting in serious bodily injury, charges stem from alleged DUI.

The death of this child and the personal injuries of the other child victim involved are tragedies for their families and communities. Getting behind the wheel after you have been drinking is not only dangerous to yourself but to others. As in this case, one child was killed and another child sustained serious personal injuries. Alcohol slows your reaction time, decreases your visibility and judgment. Driving while under the influence is dangerous and deadly - do not drink and drive.

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

In Arizona and other States, children enjoy playing in bounce houses and jumping castles. Unfortunately, on some occasions, children suffer serious personal injuries while jumping in or just occupying a bounce house. In Pima County, Arizona, a terrible incident was reported in which a bounce house described as a jumping castle was lifted 15 feet in the air by a dust devil and blew the inflatable structure across three lanes of traffic before landing on the ground. The Tuscon Arizona Fire Department responded to the scene of the accident. It was reported that a boy and a girl were inside the bounce house at the time of the incident and suffered serious personal injuries.

There may be liability for the injuries suffered by these children depending on the additional facts that may be obtained from the police department, fire department, and / or investigators who review the scene or the information regarding the incident. The following issues should be reviewed:

What kind of anchoring was used for the bounce house?

What kind of anchoring was recommended by the manufacturer?

How well was the bounce house and anchoring equipment maintained?

What did the weather forecast call for at the time of the incident?

What kind of warning or notice was available as to the weather?

What kind of supervision was provided for the children in the bounce house?

Was the incident avoidable?

Were additional anchoring techniques or tools available to make the inflatable structure more secure?

You can read more about this story at 2 Kids Injured in Arizona Jumping Castle Accident.

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

Do bicycle helmets make a difference? Should a child wear a bicycle helmet every time that he or she rides a bicycle? Is the price of a bicycle helmet worth it? Should every parent or child care provider make sure that a child wears a bicycle helmet? The answer to all of these questions is YES. A bicycle helmet is an important safety measure that should be used every time that a child gets on a bicycle whether it is for a simple ride in the neighborhood or a longer bicycle ride. In Maricopa, Arizona, officials with the fire department reported that a boy was airlifted to a local hospital after suffering a bicycle riding related accident. The boy was knocked unconscious as a result of the incident. It was reported that the boy fell off of his bicycle to avoid hitting a van. A spokesperson with the Maricopa Arizona Fire Department reported that the boy avoided more serious personal injuries and more serious head injuries because the boy was wearing a helmet. See Maricopa Arizona Fire Department - Bicycle Helmet Saves Boy from Serious Personal Injuries Resulting from Bicycle Helmet.

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

Due to the increasing awareness of youth-athelete concussions, Arizona lawmakers are set to consider a bill that aims to curb the problems presented by concussions in youth athletes. Senate Bill 1521 would impose new restrictions on youth athletes who sustain sports-related brain injuries. Specifically, SB1521 would require any youth who suffers a concussion, either in competition or practice, to be removed from the game or other competition immediately. Before the youth athlete would be able to return to play, he or she would need to be checked and cleared by a doctor or qualified health-care professional. A significant problem with youth concussions is that players are returned to the game before the concussion or other head injury has had adequate time to heal. When the youth is returned to play prematurely he or she becomes more susceptible to sustaining a second concussion or personal injury, which can lead to brain swelling or even death. Concussions can affect a youth's sleeping and behavioral patters, as well as pose thinking and memory challenges. For more on the new law please see Arizona lawmakers set to decide on law that will impose restrictions on youth athletics and raise concussion-awareness.

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

The proper anchoring of bounce houses is vital to the safety of children in Arizona and other States. Some weather can be predicted with the daily forecast. Of course, there are times when an unexpected or sudden weather event takes place and wreaks havoc in an area. In Marana, Arizona, it was reported that a "microburst" took place and picked up a bounce house that was being used by a 10 year old girl and a 7 year old girl. The 10 year old girl was carried for over 100 feet before she then fell out of the bounce house structure. It was reported that the girl suffered serious head lacerations and other injuries.

A microburst is a localized column of sinking air. It has been compared to an upside down tornado. When the microburst hits the ground, its force and effects then spreads from there. Microburst last for a few seconds and are forceful enough to uproot fully grown trees. See Microburst.

When bounce houses are in place, they should be properly anchored to withstand the local weather conditions and otherwise be compliant with manufacturer recommendations. Bounce house operators and those renting bounce houses should always focus on safety over all other party concerns.

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

The State of Arizona Child Fatality Review Annual Report is a study that will be reviewed by public health officials, medical providers, child safety advocates, parents, educators, and others to determine modes and methods to prevent and reduce the number of child deaths in the State of Arizona. While it is unrealistic and impractical to prevent all deaths, the study of prior deaths may help the State of Arizona as well as private entities implement safety measures and precautions to prevent future deaths of child. It is estimated that over 30 % of the deaths reported in Arizona in the years of 2008 and 2009 were preventable. Most of the deaths of children ages 15 to 17 were non-medical in cause and nature. Home related deaths included those related to falls, drowning, and sleep environment related deaths.

It should be noted that one death can and does have an incredible impact on the family, neighborhood, and community. Hopefully, the study of the tragic death of children can help save and protect other children in the future. You can read more about this story at Arizona Child Fatality Review - Study to Help Prevent Deaths and Injuries to Children in the Future.

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

Tourists flocks to the United States every year. This includes the areas of the Hoover Dam and the Grand Canyon. An Arizona tour bus crash ended the life of 7 tourists from China. It was reported that the bus driver was driving and over-corrected a turn which caused the bus to roll multiple times. The bus was owned by D.W. Tours. Unfortunately, the bus was not equipped for the Chinese tourists / passengers.

When the issue of seat belts arises in bus accidents and other vehicle accidents, the question at hand is whether the use of seat belts would have prevented or reduced the severity of the injuries suffered by the passengers. Incidents like this also raise questions about the availability and use of seat belts on school buses. You can read more about this story at Arizona Bus Crash Kills 7 Chinese Tourists - No Seat Belts Offered for Passengers of the Bus.

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

Police departments and law enforcement agencies are using text messaging to help solve crimes. Anderson Software is a company that provides software / technology that allows text messengers to anonymously send in a text message crime tip. The text message goes through a third party computer server, assigned an encrypted alias and then finally forwarded to the police. Many people feel that they will be identified as a snitch when informing the police of important information. By using this technology, some police believe that more people will help police in solving old crimes and preventing new ones from taking place. You can read more about this technology at Text a Crime Tip Programs Assist Police.

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

The AZ Central Website recently published an article about the arrest of a man (Joseph Edward Roberts) who is suspected of molesting / sexually assaulting several young girls over a period of years. It was reported that Mr. Roberts would target young girls from economically struggling families. He would bring them in and buy them cell phones and take them on trips. Along the way, Mr. Roberts would groom these young girls for sex according to the allegations made against him.

Mr. Roberts will be entitled to defend himself on these charges. It will be interesting to see what evidence is gathered against Mr. Roberts. Some of the evidence may be from eyewitness and victim testimony. Other evidence may be electronic. This may include possible incriminating e mails and text messages. it appears that police have already done a good bit of investigative work so far and plan on doing much more. Anyone with information regarding this matter should immediately contact the Phoenix Arizona Police Department.

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

In Arizona and other states, All Terrain Vehicles (ATVs) pose a safety risk to children. The Injury Prevention Center based at the Phoenix Children's Hospital has studied injuries related to ATV accidents and incidents. It was reported that over 1000 Arizona children were injured / hospitalized due to ATV related accidents. Of these children 9 died and 6 of these 9 children were not wearing helmets. The American Academy of Pediatrics recommends that children under the age of 16 be prohibited from operating an ATV. The safe operation of an ATV depends on the operator's experience, size, strength, judgment, and decision making abilities. You can read more about safety tips and recommendations regarding ATVs and children at ATVs Pose Significant Health Risks to Children.

By Sara J. Powell, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Teens and adults in Arizona and other states ride for hours at a time on ATVs (All Terrain Vehicles). Some teens and adults, after months or years of operating ATVs, believe that they are skilled enough drivers to avoid accidents causing personal injuries or wrongful death. Even the most simple jumps or turns for an experienced driver can turn into an accident causing serious injuries and, yes, sometimes even death. In Arizona, a 13 year old boy (Logan Walters) recently died from injuries related to an ATV accident. Logan suffered these injuries when his ATV flipped over and landed on him. His father stated that Logan made similar jumps with ease in the past. As such, the father was surprised as to how the incident took place seeing that Logan had been driving or riding ATVs since Logan was four years old. It has been a very tough time for the Walters family, school, and community. ATVs are motorized vehicles that, at times, flip and cause serious personal injuries to children and adults alike. The death of a child is a typically unexpected and a very difficult for everyone connected with that child to deal with. Hopefully, the memory and deeds of Logan Walters will inspire others to excel in life and do good for others. You can read more about this story at Teen Dies As a Result of ATV Related Injuries.

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

In Arizona and other states, children are the unfortunate victims of drownings. Some die from the drownings. Many others suffer brain damage and other injuries that can last a life time. Many people are mistaken to believe that the survival from a drowning means that there are no future problems. For parents like Angie Thomas, it is quite a different story. Her son, Ryan Thomas, was a normal 2 year old boy who loved to play. One day, Ryan got over a wall and into a neighbor's pool. Ryan suffered a near drowning incident that left him with medical problems and complications that are still being treated to this day. Ryan, who is now 5 years old, is enrolled in special education kindergarten class and receives therapy for the injuries related to the near drowning incident.

While near drowning and drowning accidents / incidents can happen, it is important for parents and those responsible for the supervision of children to put safety measures in place to prevent these incidents from taking place. If a child is near to any body of water, supervision is key because, in some cases, the curious child can get over or around a barrier and into the water.

You can read more about the challenges of injuries caused by near drowning incidents at Dealing with Injuries from Near Drowning Incidents.

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 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 R9-5-510 - AAC - Discipline and Guidance, child care facilities / day care centers have a duty to ensure that staff members follow specified rules and procedures for guidance and discipline. A facility can define and maintain consistent and reasonable rules for guidance and discipline involving a child's behavior in the facility. A staff member cannot use a method of discipline that could cause harm to the safety, health or welfare of the child. Corporal punishment measures are prohibited. A staff member also is prohibited from using eating, napping, sleeping or toileting as means of discipline when a child misbehaves in a facility. In other words, a staff member cannot use hot sauce to discipline a child or deprive a child of fluids or food as a disciplinary measures. Mechanical restraints are also prohibited. These rules and regulations (if followed) can help prevent injuries to child by employees who believe that force and corporal punishment are the answers to disciplinary problems. 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 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 R9-5-40 - Staff-to-Children Ratios AAC, a licensee has a duty to staff the child care facility according to prescribed staff to children ratios to comply with the child care regulations. Facilities that are compliant with staff ratio standards typically have a better record of supervision. Many personal injuries and tragedies take place in day care centers that are understaffed. Facilities that violate staff to children ratios often times violate other standards that help promote and ensure proper supervision of children in the day care setting.
Infants
*1 Staff Member Per Every 5 Children or 2 Staff Members Per Every 11 Children

1 Year Old Children
*1 Staff Member Per Every 6 Children or 2 Staff Members Per Every 13 Children

2 Year Old Children
*1 Staff Member Per Every 8 Children

3 Year Old Children
*1 Staff Member Per Every 13 Children

4 Year Old Children
*1 Staff Member Per Every 15 Children

5 Year Old Children (Not School Age)
*1 Staff Member Per Every 20 Children

School Age Children
*1 Staff Member Per Every 20 Children

The above ratios are in place for mixed aged groups based on the age of the youngest child in the group. You can read more about these standards and other staffing standards at the Arizona Administrative Code.

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 R9-5-307, AAC, a licensee or staff member has a duty to report suspected or alleged child abuse or neglect to the State of Arizona Child Protective Services or to local law enforcement. The Department shall be notified within 24 hours of the required reporting. Within three days of reporting, the facility shall send written documentation to the Department and any law enforcement agency previously contacted. The written documentation shall be maintained by the facility for 12 months.

Children, whether neglected at home or at the facility, deserve to be protected from further abuse or neglect. Furthermore, in many instances, the medical needs of an abused or neglected child is not timely provided. By reporting allegations or suspected abuse, children will get more timely medical care and evaluations.

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 R9-5-308, AAC, Arizona requires that each child care facility / day care center have a minimum of $300,000 in liability insurance coverage. This kind of insurance would cover injuries caused by negligence or lack of proper supervision resulting in personal injuries / wrongful death of a child at the facility. It is vital that facilities have this coverage in effect that that parents of injured children have a financial source of compensation for medical bills, future medical, and pain / suffering type of damages.

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. It is important for child care facilities to know, understand and follow these rules and regulations. Children are far less likely to suffer from serious personal injuries if the operators and owners of these licensed child care facilities are in compliance with the Arizona Administrative Code and related regulations. You can review these important code provisions at Arizona Administrative Code - TItle 9 - Chapter 5. Laws do not always make sense and are often times subject to interpretation by an attorney and Judge. You should consult with an Arizona child injury attorney / lawyer if you have questions about a personal injury suffered by your child in an Arizona child care facility / day care center.