July 2, 2009

California Day Care Centers / Child Care Centers: What Safety Standards and Requirements Apply to Playgrounds / Outdoor Activity Spaces?

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

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

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

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

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

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

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

June 30, 2009

California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

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

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California day care centers / child care centers are regulated by the State of California - Health and Human Services Agency - Department of Social Services. The California Child Care Regulations cover a wide area of matters including but not limited to operation, maintenance, supervision, and enrollment. The regulations can be accessed online at California Child Care Regulations.

When an incident or injury takes place in a California child care center, the facility has a duty under the California Child Care Center Regulations to report the incident / injury to the California Department of Social Services via fax or a telephone call within the next business day of operation. Within 7 days of the incident, a written report must be submitted to the Department. The following personal injuries / incidents must be reported to the Department of Social Services:

* any injury to any child in the child care center that requires medical treatment;

* any death taking place at the child care center regardless of the cause of death;

* any unusual incidents or child absence that threatens the physical or emotional
health or safety of any child.

* any suspected signs or observations of physical or psychological abuse of any child;

* any epidemic outbreaks (i.e. flu, Tuberculosis, Swine Flue, Chicken Pox, etc...)

* any incidents of poisonings;

* castastophes, fires, or explosions.

The report must contain the following information:

* child's name, age, sex and date of enrollment / admission to the child care center;

* date and the nature (type) of event;

* name of physician, medical findings, and medical treatment (if any); and

* disposition or outcome of the incident.

It is important for California Child Care Centers to comply with these and other regulations. The reporting requirements provide valuable information to the Department of Social Services to monitor and evaluate incidents of injuries and monitor the health and safety records of the child care centers.

June 29, 2009

Government Study Shows that School Improperly and Negligently Restrain and Confine Disabled Children

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

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Children with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age - 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

In Florida, a teacher duct taped gagged and duct tapped 5 misbehaving students to their desks when they were misbehaving. It is amazing that teachers with years of experience, certification, and college degrees would resort to such behavior. It really defies common sense and good judgment.

Seclusion is also a problem in school systems for disabled children. In New York, a 8 year old special education student was placed in a small dirty room over 70 times in a 6 month period for whistling, slouching, and hand waving in the classroom.

California and Texas reported over 33,000 instances of restraint and /or seclusion instanced during the past school year. In some instances, disciplinary action is necessary for the health, safety, and welfare of the misbehaving child, other students, and / or the teacher. However, teachers and caregivers should approach disciplinary measures or actions with common sense, good judgment, and should use their best efforts to avoid restraint and seclusion if other means of action are reasonably available and do not put the child or others at risk. You can read more about the GAO Government Study and comments regarding the same at Seclusion and Restraint of Special Education / Disabled Students.

June 26, 2009

Website www.momslikeme.com Offers Advice, Friendship and Information

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A valuable resource to moms across the nation is a website called www.momslikeme.com The website offers a place for moms to offer advice and get advice. It also allows moms in communities throughout Florida and the rest of the United States to share their experiences, thoughts, and feelings on a wide variety of parenting and mom related issues. From Florida to California to Maine and all points in between, you can find moms like you who are ready, willing, and able to help you with parenting and mom issues that come up in every day life. As a father / parent and husband, I now the value of moms and how much they know. When thousands upon thousands of moms congregate together to make their lives and the lives of others a better place, everybody wins. Check out www.momslikeme.com and go to your local community site. Get involved and active for a smarter today and a better tomorrow.

June 1, 2009

10 Rules to Prevent Child Drownings - Advice from UCLA Emergency Physicians

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

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Emergency rooms in California and other states get their fair share of child injury patients. Summer is a peak season for drowning related personal injuries and deaths throughout California and many other states. It is estimated that approximately 70 % of all child drownings take place in the three months summer period of June, July and August. Most of the tragic injuries and deaths related to child drownings in California involve children who are found in residential / backyard swimming pools and spas. Parents, guardians, and / or caregivers fail to realize that a child was in the swimming area or got out of the house. Because of this, it is important to have barriers like fences and gates to keep children out of pools even when they get out of the house unsupervised. Drownings can be significantly reduced with proper supervision and safety precautions like gates, fences, and pool alarms.

Educate yourself as to safety measures to prevent child drownings at 10 Rules to Prevent Child Drownings

May 17, 2009

California Day Care Centers / Child Care Centers: What Rights Do I Have as a Parent?

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

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In California, parents depend on day care centers / child care centers to properly supervise their children. Children need to be treated with due care, dignity, and respect. While the parent is not technically the person enrolled in the California child care center, the California Department of Social Services, the agency that licenses and regulates child care centers, requires that child care centers give the notice and sign an acknowledgement of receipt of the notice.

Parents have the following rights:

1. The right to enter the child care center whenever children are being cared for in the facility. Advanced notice is not required.

2. The right to file a complaint or grievance against the child care center with the licensing office for the Department of Social Services.

3. The right to review the public file from the Department of Social Services of the licensee.

4. The right to access reports of licensing visits by the Department of Social Services and complaints against the child care center during the last 3 years.

You can review the above rights and other rights contained in the notification form at California Department of Social Services - Child Care Center - Notification of Parents' Rights.

May 17, 2009

California Man (Danny Michael Harvey) Sentenced to 36 Years in Prison for Child Pornography

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

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Federal authorities snared an extremely dangerous child predator. Their efforts have removed an extremely dangerous person from the community. Danny Michael Harvey used his computer to enter chat rooms. One such chat room catered to child pedophiles. An undercover federal agent responded to a post by Mr. Harvey. The agent claimed he was a grandfather with the sole custody of a 4 and 5 year old child. Mr. Harvey informed "the grandfather" that Mr. Harvey wanted to sexual molest the 5 year old granddaughter and films the acts. Mr. Harvey then purchased a lap top, other items, and a plane ticket and flew to Anchorage, Alaska from Lancaster, California. Mr. Harvey was arrested. Fortunately, this was an undercover operation and no children were harmed. It is quite frightening to read about this story. Mr. Harvey planned this trip and (in his mind) conspired with "the grandfather" to perform heinous, illegal, and immoral sexual acts on a 5 year old girl. Thank you federal authorities for removing Danny Michael Harvey from the communities of Lancaster, California, Anchorage, Alaska, and any others in which he could have abused or molested young children. You can read more about this story at California Man Sentenced to 36 Years for Child Pornography.

May 16, 2009

California Day Care Centers / Child Care Centers: How Do I Find a Licensed Child Care Facility in California?

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

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In California, day care centers / child care centers are licensed and regulated by the California Department of Social Services. Before selecting a child care center, parents, guardians, and caregivers should do their best to investigate the child care center, ask a lot of questions, and make an informed decision. California has created a search tool on the California Department of Social Services website to assist parents, guardians, and caregivers in their respective searches for day care centers. See California Search for a Licensed Facility. For instance, a search of the Woodland Hills, California area revealed 22 licensed child care centers. For each child care center, there is an address, license or facility number, telephone number, and capacity amount (i.e. number of children that can be cared for in the facility). Choosing the right day care center can have a profound effect on your child. Good day care centers will properly supervise your child and protect the child during a parent's work day. Unfortunately, there are many day care center that fail to follow the applicable regulations, fail to supervise the children, and fail to operate a child care center that is clean, safey, and free from hazards. If a child has suffered personal injuries as a result of day care / child care negligent supervision or negligent maintenance, a California child injury lawyer / attorney can help guide a parent through many complicated issues including medical treatment, medical bills, insurance claims, and the court system.

May 14, 2009

Santa Clara, California School Nurse (Eileen Bowden) Collapses and Dies After Performing CPR on Heart Attack Victim

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Santa Clara, California and other States, school nurse perform a vital function every day. They are there to help supervise, examine, and care for school children. At times, teachers, administrators, school employees, parents, and visitors need the assistance and expertise of a school nurse while on school grounds. Eileen Bowden, a school nurse, collapsed and died after she helped save someone's life. She was called into action when a man needed help at a school function. Eileen along with another person administered CPR. The incident took place at the Santa Clara (California) High School. Ms. Bowden helped save softball coach John Rahbar.

Ms. Bowden's last act of her life saved the life of another person. She was a school nurse for many years and undoubtedly had a positive and lasting effect on many people including Coach Rahbar.

When you next see a school nurse, thank the nurse for his or her service and let the school nurse know how important the school nurse is to the children, school staff, and community.

You can read more about this story at California High School nurse helps to save man's life, but loses her own.

May 14, 2009

11 Year Old (Ester Rubio) Died from Gun Shot Wounds at Soccer Match

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In King City, California, an 11 year old girl (Ester Rubio) recently died. She had been shot several times at a soccer match at King City High School. She was shot in the stomach. Ester received medical care at Stanford Medical Center and at Good Samaritan Hospital in San Jose, California. Three juvenile criminal defendants were arrested in the shooting.

It is truly a tragedy that our children cannot safely attend a sporting event at a local high school without the risk of danger from shootings.

You can read more about this story at 11 Year Old Shot at King City High School Soccer Match Dies.

May 13, 2009

My Space Sexual Predator and Child Molester (Joshua David Threlkeld) Posted as 14 Year Old and Photographer to Lure Teens for Sex

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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My Space and other social networking web sites can be quite dangerous. Predators like Joshua David Threlkeld use the technology of My Space and the internet to lure teens for nude photographs and sex. Mr. Threlkeld created a profile online as Sarah - a 14 year girl named "Sarah". "Sarah" gained the trust of other teen girls and told them that a photographer could meet them to take modeling photographs. Many teen girls were interested, posed nude, and had sex with Mr. Threlkeld. Fortunately, a concerned parent stepped forward to report the situation to police. An investigation was initiated and Mr. Threlkeld was identified and arrested. It appears that there is a pile of evidence against Mr. Threlkeld. His computer and other evidence was obtained through a search warrant of his home.

In various counties / cities in California including Orange, San Bernardino, Los Angeles, and Riverside, at least 10 teen victims have been identified. Investigators suspect that there may be up to 100 victims of Mr. Threlkeld.

Parents and teens alike should take notice of stories like this because there are thousands upon thousands of predators like Joshua David Threlkeld out there. You can read more about this story at My Space Sexual Predator May Have Assaulted / Molested 100 Victims.

May 11, 2009

Palmsdale, California Boy Playing "Cops and Robbers" Shot by Deputy

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Children love playing pretend with toy guns. Unfortunately, a simple toy gun can be mistaken for a weapon which, in turn, can lead to dangerous and deadly consequences. In Palmdale, California, a deputy sheriff shot a 15 year old who was playing with a toy gun. Apparently, the child was playing "cops and robbers" and pointed the gun at a deputy sheriff / police officer. Since the toy resembled a real gun, the deputy responded by shooting the teenager.

An investigation will be conducted to determine if the police officer used an appropriate amount of force to respond to the situation. Young children and teenagers should be careful when playing with a toy gun. While the child may know the gun is a fake or a toy, others including police officers cannot always easily tell the difference. You can read more about this story at

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May 11, 2009

United States Department of Health and Human Resources - Resource for Day Care / Child Care Regulations for All 50 States

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

May 11, 2009

Lincoln California Man Sentenced for Bicyclist Death

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other States, bicyclists are injured every day on or near roadways. Bicyclists suffer serious personal injuries and in some accidents death due to driver inattention, distraction, and / or negligence. In some cases, the driver is subject to criminal prosecution for the wrongful death or personal injuries of the bicyclists. In California, Gaspar Reyes was sentenced to a one year suspended sentence and three years of probation for the death of a bicyclist, Kathy Marie Gienger. Reyes hit Ms. Gienger with a big truck while trying to make a right hand turn. Ms. Gienger was in the crosswalk at the time of the incident. Reyes claimed that he stopped but prosecutors wisely secured the photos that were taken by a nearby ATM at the Safe Credit Union. This photographs taken at 1 second intervals impeached Mr. Reyes' claim that he stopped prior to making the turn.

You can read more about this story at Lincoln California Man Sentences for Bicyclist Death.

April 20, 2009

Former Teacher Gets 4 Years with Sex Trysts with Student

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A former teacher recently was sentenced to 4 years for molesting a 14 year old in a hotel room. Daniel Axtell, age 38, is a former Huntington Beach, California middle school student. In December 2008, he pleaded guilty to 6 felony counts for lewd acts on / with a 14 year old. Axtell met the girl at Talbert Middle School in Orange County, California. Like many child predators / sex offenders, Axtell gained the trust of the child and her family. During a two month period in 2005, Axtell took the girl to hotel rooms for sex. The acts were calculated and planned. Certainly, Axtell knew that he was breaking the law but this did not stop his illegal and immoral acts.

You can read more about this story at Former Teacher Sentenced for Hotel Sex with Minor in Orange County, California.

April 10, 2009

Text Messaging While Driving - Dangers to Other Drivers, Passengers and Children in California

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Redding, California, a woman thought it would be a good idea to text message and drive at the time time. In fact, the woman was electronically paying her bills online while driving. Due to her inattention and the distraction as a result of texting while driving, Deborah Matis-Engle crashed into a line of stopped vehicles. As a result of the automobile accident, one woman died and was the unfortunate wrongful death victim of this avoidable crash. The victim, Petra Winn, was 46 years old and died as a result of personal injuries suffered when her vehicle bursted into flames after impact.

Debroah Matis-Engle was criminally prosecuted for her crimes and was recently sentenced to 6 years in prison for the wrongful death of Petra Winn.

In California and other States, drivers should pay close attention to the road, other vehicles, pedestrians, bicyclists, trucks, and trains. Paying bills online while driving is certainly negligent and evinces the kind of conduct that is reckless. You can read more about this story at California Driver Gets 6 Years for Texting, Causing Fatal Crash.

March 18, 2009

Phoenix (East Valley) Arizona Man Accused of Putting 1 Year Old in Dryer

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Arizona and other cities throughout the United States, household appliances can be very dangerous to small children. What seems like a fun play area to an infant, toddler, or child can prove to be very dangerous or even deadly. The household appliance known as the dryer is not a playground or toy for a child. Once inside, a child can sustain serious personal injuries including head injuries. Parents and caregivers should keep children out of the laundry room and certainly out of the appliances. Some family members thought it was cute when the 1 year old was in the dryer. Again, the dryer is not a toy. For more information on this story, go to Arizona Man Accused of Putting Child in Dryer.

There was even a recent incident in California where a child died as a result of suffering head injuries after he crawled into a washing machine and a sibling turned it on. You can read about this story at California Girl Dies After Crawling Into Front Loading Washing Machine.

February 4, 2009

A Mission Viejo California Girl Dies After Climbing into Front Loading Washing Machine

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Mission Viejo, California, a 4 year old girl (Kayley Ishii) died as a result of blunt force trauma. Kayley apparently climbed into a front loading washing machine. Thereafter, it is suspected that her toddler brother may have hit a start switch or button. Since the entry into the washing machine was only 20 inches from the floor and the start button was accessible to a young child as well, this tragedy took place.

The sale of residential front loading washing machines has been on the rise during the past few years. The new washing machines are sleek, come in nice colors, have many settings, and, yes, pose a danger of personal injury and death to small children.

Due to this tragedy and others that may happen, it would be helpful for front loading washing machines to come with a code function. In other words, for safety purposes, have the option of punching in some numbers to start the machine. Some machines may already come with this function. If not, it does not appear that it would take much effort on the part of the manufacturer to require this function.

You can read more about this tragic story at California Four Year Old Dies in Washing Machine.

February 4, 2009

California Medial Malpractice Verdict of $16 Million Affirmed by Trial Judge

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

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A San Diego, California jury awarded parents $16 million in a medical malpractice case where the parents’ child died during delivery. The parents alleged that the doctors not only committed medical malpractice but also concealed the baby’s true cause of death in the autopsy report. The parents claimed that they were told that their baby died of lung disease when in fact, the baby died of asphyxia caused by umbilical cord strangulation while the baby was lodged in the birth canal.

The parents sued two of the mother’s doctors and the hospital, Sharp Mary Birch Hospital for Women. The verdict was returned on December 5, 2008 following a nine week trial. The jury found that the hospital’s director of pathology committed fraud by making a false representation to the mother as to the baby’s cause of death. The trial court judge has affirmed the jury verdict. You can read more about this interesting case at Judge Gives OK to $16 Million Medical Malpractice Verdict.

February 2, 2009

Parents Settle Lawsuit Against Huntington Beach, California for Wrongful Death of Teenager Who Was Shot by Police

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

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The parents of a teenage girl filed a wrongful death lawsuit following the death of their 18 year old daughter. The girl was shot and killed by Huntington Beach police officers when they responded to a 911 call about a woman walking with a knife in a park. The girl had been partying the previous night and after getting into a fight with her mother, who she attacked with a knife and cut, left the house with the knife. The teenager was later seen at the park with the knife. When told by police to give up the knife, the girl refused and told that police that she was on drugs and to kill her. The girl began running toward the police with the knife and was shot 15 times by policy when she came within eight feet of the officers.

The police were accused by the parents of using excessive and unreasonable force. Both police officers involved in the incident were cleared in an official investigation. The officers’ defense was that they were forced to make a split second decision when faced with a dangerous woman with a knife. To read more about this story see the Los Angeles Times article at Family Settles Wrongful Death Lawsuit for Huntington Beach California Police Shooting.

January 29, 2009

California Appellate Court Approves Expulsion of Students from Private Religious School for Alleged Lesbian Relationship

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A California appeals court approved the expulsion of two students from a California religiously based high school for an alleged lesbian relationship. California Lutheran High School expelled the students after discovering some postings on My Space that indicated that the students were gay or had thoughts of being gay. After being expelled by the school, the students hired a lawyer and filed a lawsuit for discrimination. The trial court dismissed the case and reasoned that the school is not bound by the same discrimination laws as a private business or public school. The appellate court agreed. You can read more about this story at Court OKs Expulsion Based on Sexual Orientation.

January 27, 2009

Boy Dies After Disneyland Ride Accident That Took Place in 2000

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Brandon Tucker was just 4 years old when he was seriously injured while on the Roger Rabbit Car Toon Spin ride while a guest at Disneyland in California. Brandon suffered brain injuries, internal injuries, and cardiac arrest. Brandon fell from the ride and then was dragged underneath the car for several minutes. Brandon never recovered from the injuries and faced a lifetime of medical care and problems from this tragic accident. Disneyland never admitted fault for the incident but did settle the case with the family 17 months after the incident. In 2009, Brandon died at his home when he was found unresponsive by his father. Brandon was 13 years old at the time of his death. You can read more about this story at Boy Dies After Years of Brain Damage and Related Injuries from Disneyland Ride.

January 22, 2009

6 Year Old Elementary School Student Brings Guns to School in Victorville California

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A 6 year old elementary school student in Victorville, California brought a gun to school in his pants. He was sent to the school office for sagging pants. While in the school office, the gun slipped down the student's pant leg while a school clerk was helping him put on a belt. The 6 year old was suspended by the school due to the zero tolerance weapon policy. The boy took the gun from his father, Michael Lewis, who was later arrested for receiving stolen property and possession of a firearm by a felon. You can read about this story at 6 Year Old Student Brings Gun to School in Victorville California.

It is extremely dangerous for any child to have his or her hands on a gun without proper adult supervision. This child brought a gun to school which could have resulted in any number of tragic and deadly situations. While nobody was harmed when this child brought the gun to school, the lack of personal injuries or wrongful death in this California elementary school does not in any way diminish the importance of keeping guns locked up and away from the use and possession of young children.

Pursuant to Section 626.9, California Penal Code, it is a felony to bring a gun onto school grounds since it is a violation of the California Gun-Free School Zone Act of 1995. You can read more about this important law at the California Gun-Free Zone Act of 1995.

December 28, 2008

Child Maid Trafficking - Working Children Can Be Cheap Labor for Some Families

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Associated Press reported a very good but sad story about the trafficking of children for slave and indentured servant type of labor in the United States. The children were reported to work day and night with little to no breaks and very poor wages. While many think that these arrangements only take place outside of the United States, there are numerous reports showing child labor and child labor trafficking as a real problem in California and other States in the United States. You can read the sad stories of some of these children at Child Maid Trafficking - A Real Problem in the United States.

Many people, who put child maids to work, can avoid maids. They live in nice houses but it is not good enough to have a regular maid or housekeeper once a week. These folks want a maid all day and all night. It is a shame that somebody's laziness comes at the expense of a child who is forced to work to pay for a family member's debt or to get virtual slave wages to their families.

December 15, 2008

Another Criminal Suspect Arrested in California Teen Shackled Case

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A 16 year old boy recently freed himself from captivity from a California home in the United States. . . yes, a boy was shackled like an animal in the country known for being the home of the free. Another suspect was recently arrested for his role in the case involving the ongoing torture, child endangerment, and corporal injury as well as false imprisonment to the 16 year old boy. Three other suspects were previously arrested in this bizarre case that came to light when the boy escaped and was found by good samaritans at a local gym who stepped in and got the boy some help, freedom, and safety. Reports indicate that the boy spent 1 year in captivity. The torture, personal injury, mental and physical pain and suffering for this year is hard to completely appreciate. Hopefully, justice will prevail regarding the criminals who caused harm to this child. Furthermore, let's hope that the child gets the medical attention and counseling he so greatly needs after being held captive for 1 year.

You can read more about this story at Another Suspect Arrested in California Teen Shackled Case.

December 11, 2008

What is the Federal Railroad Administration? How does it apply to personal injuries resulting from train accident?

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

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The Federal Railroad Administration (FRA) was created by federal law (49 United States Code 103, Section 3) in 1966. The purposes of the Federal Railroad Administration include the enforcement of safety rail regulations and the development of policies to improve national rail safety. Children are often times the unfortunate victims of railroad accidents and incidents through the United States. A child who is seriously injured or dies in a railroad accident often time does not have a strong voice to lay out the facts or evidence as to the cause or reason for the accident / incident. Child injury lawyers who handle railroad cases have the knowledge and experience to collect the evidence from the Federal Railroad Administration and other sources to determine the "real" reason for a railroad tragedy or accident. Like any other business, railroad companies do not always step right up and admit a malfunction, negligent maintenance, or employee error when a child or adult for that matter is seriously injured as a result of a railroad accident. The Federal Railroad Administration (FRA) is an important government entity that helps collect evidence and data when there is a railroad accident / incident. Furthermore, the reporting requirements and other rules set forth by the Federal Railroad Administration (FRA) help to keep railroads in line to help limit or deter future tragedies from occurring. You can read more about the Federal Railroad Administration (FRA) at the Official Web Site for the Federal Railroad Administration.

States throughout the nation including Oklahoma, California, Texas, and Illinois are often the sites of serious personal injuries and wrongful death to children who were crossing railroad tracks or using areas near railroad tracks like bridges. Parents of child victims of railroad accidents frequently have more questions than answers when there is a tragedy. The Federal Railroad Administration can provide some of the answers. In addition, a Railroad personal injury litigation lawyer can also help provide some answers through further investigation of the incident.

October 2, 2008

Trim Trim the Party Clown Pleads Guilty to Molesting Children at Parties

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Some people have a fear of clowns. Well, there is good reason to fear a clown named Trim Trim The Clown (otherwise known at David Albert Lemus). Lemus performed at birthday parties as a clown. He wore the big shoes, the make up and the works. He also molested children and forced them to perform sexual acts. Lemus recently pleaded guilty to molesting children and now faces 12 years in prison. If Lemus goes to prison, I would guess that his safety would be at risks from those inmates who do not have a fond appreciation of clowns who molest children at birthday parties. This California clown will be off the streets but there are plenty of other child predators out there. When arranging for a party, it is helpful to have some information from the performers and businesses. Not all companies perform adequate background checks. Furthermore, if Trim Trim never was arrested or convicted of such a crime, the parents, who arranged for the party, would have never known. With or without a background check, make sure that no children are alone with party performers. Better safe - than sorry. For all those sick clowns or others out there who have an urge to molest children, get some help and stay away from children. You can read more about this story at Fontana Area Clown Pleads Guilty to Molesting Children.