Child Injury Lawyer Blog

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.

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

The Arizona Department of Health Services - Division of Licensing Services - Office of Child Care Licensing has the responsibility to regulate and monitor day care centers / child care facilities, public school care programs and child care group homes across the State of Arizona. Before selecting a day care center / child care facility for a child, parents and caregivers should do some research and investigation as to the licensing and enforcement history of the facility. In addition, a parent or caregiver should visit or screen the facility before enrolling the child in the day care program. You can look up a day care center / child care facility and get basic information and licensing information for the facility at Child Care Provider - Search Form.

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

Many school districts including some in Arizona have a zero drug tolerance policy. While it is important to keep drugs out of schools, enforcement of this policy needs to be done with humanity, common sense, and within the confines of the United States Constitution. The Supreme Court of the United States ruled that school officials at the Safford Middle School (Arizona) violated a student's rights when she was strip searched for prescription strength Ibuprofen. The Court noted that a child cannot be forced to remove her clothing unless it is deemed that the child's health is at risk. Savana Redding was 13 years old at the time of the incident. Legal scholars and experts point out that this Court decision still leaves many questions and issues unanswered. Since strip searches may be appropriate in extraordinary circumstances, it appears that the issue of strip searches in schools will continue to be litigated and debated for years to come. You can read more about this important Court decision at Supreme Court Rules that Arizona Middle School Strip Search Was Illegal.

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

In Phoenix, Arizona, an 8 year old boy suffered serious personal injuries following a shooting incident involving his uncle's gun. Unfortunately and quite tragically, the uncle or someone else left the gun in an area that was accessible to the 8 year old and other children. Gun owners have a responsibility to safeguard guns away from children. This incident would have been avoided had the gun been stored in a gun locker, safe, or other secured area away from the children. Investigators reported that the uncle, Javier Gudino Cruz, age 23, left the gun just outside the home in Phoenix, Arizona. You can read more about this story at Phoenix Arizona 8 Year Old Shot in Face After Finding Uncle's Gun.

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

Children ages from 5 to 8 would benefit from having a booster seat law in place for every State according to a federal safety board. Only Arizona, South Dakota, and Florida do not require booster seats for children for children from ages 5 through 8 years old. According to a study conducted by the Children's Hospital of Philadelphia, the use of booster seats lowers the risk of injury by 59 percent as compared to children of this age group who used regular safety / seat belts alone. You can read more about this story and in particular efforts in Arizona to change the current law at Booster Seat Law Recommended in Florida, Arizona, and South Dakota.

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

Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver's mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following:

In Amarillo, Texas, Stephanie Phelps, who was driving her 4 month old daughter, ran a red light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention.

In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two teenagers died as a result of this accident.

In Florida, Stephanie Phillips and Heather Hurd were killed when a trucker was reportedly distracted while text messaging on his mobile phone while driving on U.S. 27.

In Glendale, Arizona, Ashley Miller and Stacey Stubbs died in an automobile accident after Miller reportedly drove across the center line while she was text messaging.

You can read about other incidents of driver distraction and cell phone use / text messaging at Text Messaging and Cell Phone Use While Driving Is Dangerous.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In May and June of each year, there are high school graduation parties. This should be a time for celebration and reflection of the milestone of graduating high school. Unfortunately, some high school graduation parties turn from sites of celebration to sites of tragedy, personal injuries, and death. In Mesa, Arizona, a police officer and 10 year old child were injured at a high school graduation party. Another man and woman were killed at the party while two others were injured by gunshot wounds. There are many reasons why disputes take place at high school parties. Sometimes, it is a fight over a girlfriend or boyfriend. Sometimes, it is alcohol or drugs that make people violent unreasonable, or dangerous. When you combine any of this with the use of a gun, there can be trouble.

Some homeowner's insurance policies cover gun related injuries and deaths while others do not. The policy must be read thoroughly and carefully to determine the appropriate coverage under the policy. The injured parties and the families of the wrongfully killed guests may be entitled to coverage under a homeowner's insurance policy. An Arizona personal injury attorney / lawyer can read the policy and advice victims and their families of their respective rights to compensation under the law and under the insurance policy.

You can read more about this story at Mesa Arizona High School Graduation Party - 2 Dead and 4 Injured.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Buckeye, Arizona, prosecutors have filed indictment charges against Pastor Charles Carfrey. The Maricopa County Attorney's Office has charged the Pastor with sexual exploitation of a minor, failure to register as a sex offender and kidnapping. Charles Carfrey worked as the pastor of The Lord's House Church. The Pastor pleaded not guilty on these serious criminal offenses.

The charges stem from acts allegedly committed in 2004 and 2005. The Pastor is accused of sexual intercourse with four girls with ages ranging from 15 to 17. He is also accused of knowingly restraining another person with the intent to inflict death, physical injury, or sexual offense upon her.

The Pastor is certainly entitle to defend himself on this matter. Unless there is some sort of conspiracy against the Pastor, it appears to be a tough up hill battle to defend this matter. If all victims come forward to testify, how will the Pastor or his attorney defend such a case? The article reported in the news stated that the Pastor failed to register as a sex offender. As such, what was his criminal past? Were there prior problems at this church or another church?

Once a Pastor, Priest, Rabbi, or other religious leader is convicted or pleads guilty to sex offenses with a child, that religious leader should be removed from the church or religious institution. Furthermore, no other church or religious institution should put this person in a position around children. It unfairly exposes children to a danger or risk of assault, battery, and / or sexual exploitation.

You can read more about the story of Pastor Charles Carfrey at Arizona Pastor Indicted on Sex Charges.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arizona and other States, rivers can be quite dangerous places even for strong young men who believe that they can easily deal with the strong currents, frigid temperatures, and other hazards. Tragically, a dead body was found which will most likely be identified as one of three who jumped into the Colorado River on a hiking trip. The two teens and man were not wearing life vests or jackets. Until family members are contacted and the body is positively identified, the name of the victim will not be released by a newspaper. Search efforts continue for the other two people who were swept away by the strong river current. Grand Canyon Officials identified the three victims as Saif Savaya (age 15), Mark Merrill (age 16) and Joe Merrill (age 22).

I have visited Colorado within the past year and went white water rafting. I was told that the river had some strong areas but paled in comparison with other rivers. Nevertheless, I wore a life vest / life jacket and did not challenge the water by jumping into the cold waters.

It would be interesting to know more details about the incident with the three people who were swept away from the current. In particular, the following issues or questions come to mind:

Did others from the group jump into the Colorado River?

What warnings (if any) were the three people given as to the dangers of the river?

Did the three people ignore warning sizes or instructions not to go into the river?

Who was the guide or supervisor of the tour group?

What were the swimming skills of the three people?

Were there other areas of the river available or near by that would have been safer to go into?

It is tragic for a teenager or young man to lose his life at such a young age. You can read more about this story at One of Three Swept Away in Grand Canyon Found Dead.