Child Injury Lawyer Blog

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

In houses, apartments, condomiums, and hotels, there is a danger to children - the bathtub. It is a common part of most homes and hotels and it also presents a danger that can cause serious personal injuries and, in some cases, deaths. Two common injuries that take place in the bathtub are: drowning injuries and burn related injuries. In Mojave, California, it was reported that an 8 month old child suffered scalding related injuries and burns. The child was later treated at Antelope Valley Hospital. See Mojave, California Infant Suffers Burn Injuries in Bathtub.

When a child suffers an injury as a result of the fault of another person, there are often many issues and questions faced by the parent. The book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Medical Bills / Medical Treatment, and Homeowner's Insurance and Injuries at the Home.

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

A South Los Angeles day care center operator was arrested and charged with sexually molesting her 13 year old god son. Chelsea McClelland was found having sex with her god son, in a van parked near the Santa Monica freeway. The South Los Angeles day care operator pleaded no contest to two counts of lewd act on a minor. She was sentenced to three years in prison and ordered to register a a sex offender. See Day Care Center Operator Sentenced to Prison Term in Child Care Molestation Case.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center.

When a child is injured, abused, or neglected in a California Day Care Center, there are often more question than questions for the parent doing his or her best to deal with the situation. Day care centers should be safe havens of education of a child - not a place where is child is injured or is in fear. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can receive a free book at Child Injury Book - Free Book for Parents Looking for Information.

By Scott Marks, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

Leaving a child or a pet in a hot car can be very dangerous and even deadly. In warm weather States as well as other States during the summer months, the heat index can be quite high. It is well known (but not to everybody) that the heat index is even higher in a closed vehicle with the air conditioner and vehicle turned off. Just a few minutes in a hot vehicle can lead to serious health problems and even death. This is especially true for the elderly, young, and, yes, even pets. In Folsom, California, it was reported that a puppy named Gizmo - a six month old Pomeranian / Shih Tzy mix, died as a result of being left in a hot vehicle. It was reported that there was no water in the vehicle and the windows were cracked open about 2 inches down. The owner of the dog was arrested on California criminal charges of felony animal cruelty. Of course, the owner will be entitled to representation from a California criminal defense lawyer or the services of the public defender's office. It is certainly a tragedy when a pet dies as a result of a preventable incident. This story highlights the dangers of leaving a pet or small child in a vehicle unattended especially in the middle of the Summer in California or any other location in which the temperature outside is warm / hot and even hotter inside the vehicle. For more information regarding this story, See Puppy Dies in Hot Car in California - Dog Owner Arrested.

By Scott Marks, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

A BB gun, also known as a pellet gun, can cause substantial bodily injury and even death. According to statistics, about four people are actually killed each year by BB guns. These guns are often considered a “toy,” but have similar features to a common hand gun; they have muzzle velocities higher than 350 feet per second. That means that the gun shoots the pellet at 350 feet per second, which is not much of a difference compared to a hand gun that has a muzzle velocity of 800 feet per second.

The U.S. Consumer Product Safety Commission warns that children under the age of 16 should not own and operate such a gun. But, if they do, they should follow a few safety tips. First, children should never point a BB gun at anyone, whether it is loaded or not. Second, the BB gun should always be on safety until it is ready to be used. In addition, children should never carry your BB gun in public places because it may be mistaken for a real gun. Lastly, unload the gun when it is not in use.

A six-year-old boy was recently shot in the head with a BB gun in Sacramento, California. According to Sacramento police, the incident occurred near 5th Street and Vallejo. The child suffered a bump on the head and was taken to the hospital for treatment. Investigators said there is an ongoing issue between the neighbors and it is unclear who is responsible for the shooting. Laura Peck, spokeswoman for the Sacramento Police, said that the crime report has been filed as an assault with a weapon. Fore more information on this topic, see child shot in head with BB gun in Sacramento neighborhood.

By Scott Marks, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

An emotional bond often develops between a teacher and their students. Especially during the adolescent years, teens often confide in their teachers and consider them to be a role model. However, some adults may take advantage of that special bond if a child is vulnerable.

In El Cajon, California, a karate instructor was sentenced to 26 years in California State Prison for allegedly engaging in a 10 month sexual relationship with one of his male students. The perpetrator was Eric Dylan Protas, 38. Protas was also required to register as a sex offender. John Philpott, the Deputy District Attorney said that the defendant molested the victim from August 2009 to May 2010, when the boy was 13 and 14.

The victim testified at trial about his sexual encounters with Protas, the owner/operator of the Allied Gardens School of Martial Arts on Waring Road. The boy testified that he first met Protas in an after school program when he was in kindergarten, and later began taking martial arts classes at the studio when he was older. The boy also said that he confided in Protas, which launched a personal relationship in which they got together almost every day.

The family said they are satisfied with the sentence given to the California karate teacher. The victim’s uncle, Jeff Krebs, said "Twenty-six is enough to keep him (Protas) away, keep the rest of the community safe. It is not so much a punishment, but keeping him out of the community. I think we're satisfied with that." For more information on this topic, see karate teacher gets 26 years for sex with student.

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

The United States Consumer Product Safety Commission (CPCS) kicked off this summer’s swimming season with their second year of its “Pool Safely: Simple Steps Save Lives” campaign. The campaign is a national public education program aimed at raising awareness of child drowning and other swimming related injuries. Already this year, there have been 55 drowning and 63 near-drowning incidents in 20 states and territories reported.

A press conference at the Parkway Family Aquatic Center, located in Chula Vista, California urged parents and children to be cautious in and around pools and spas. During the event, Chairman Tenebaum released CPCS’s annual statistics on drowning, near-drowning and entrapment:

• 76 percent of the 383 pool/spa- related drowning for children younger than 15 involved children younger than 5;

• 79 percent of the estimated 5,100 pool/spa emergency department – treated submersions for children younger than 15 involved children younger than 5;

• 72 percent of children younger than 15 fatalities from 2006-2008, and 55 percent of the estimated injuries from 2008-2010 occurred in residential locations;

• 96 percent of victims involved in a submersion incident will die; and

• There were no reported entrapment fatalities for 2010, but CPSC received three reports of entrapment injury.

Chairman Tenebaum said that the new data regarding drowning and near drowning of children younger than five is still a serious public health issue. The Pool Safety campaign encourages parents and children to get educated about pool safety and take preventive steps toward swimming safety. The campaign is a result of CPSP’s efforts to carry out the requirements set forth of Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act; 2007 federal legislation that mandated new requirements for pool and spa safety. For more information on this topic, see CPSC, U.S Olympian Hold Pool Safely Press Event to Release New Drowning and Entrapment Stats.

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

In California and other States, day care centers should be a safe and healthy environment for children. Unfortunately, some day care centers are unsafe and even health hazards for children. It was reported in Visalia, California that a day care center was temporarily closed due to a discovery / reporting of black mold at the California day care / child care center. The Child Development Center on the College of the Sequoias campus cleared out the furniture and took other steps to address the mold problem in the day care center. It was reported that the black mold was not problematic since it was not airborne; nonetheless, the facility was placed on quarantine. For more information see California Day Care Center Temporarily Closed.

If a parent is concerned about the health and safety of a child in a day care center, it is important for the parent to communicate such concerns to the teacher and staff of the facility. If there is a concern about a health issue, it is helpful to discuss the matter with the child's pediatrician and State authorities as necessary.

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

A Fresno, California teenager was convicted of first-degree murder for molesting and drowning his 4-year-old neighbor and hiding the child's in a clothes dryer. Raul Castro was found guilty of lewd and lascivious conduct and sodomy, he was not found guilty of kidnapping. Castro was tried as an adult in the October 2009 killing of Alex Mercado. At the time of this California crime against a child, Castro was 14-years-old at the time. Castro confessed to sexually assaulting and killing Alex in taped interviews with detectives. Castro's attorney Barbara Hope O'Neill argued the teen was mentally ill and did not have the requisite intent to kill Alex. O'Neill based her argument on the testimony of a psychiatrist who said Castro was mentally ill and disassociated with reality. The prosecution challenged the psychiatrist's credibility and argued the murder was premeditated. A judge rendered his decision after Castro waived his right to a jury trial. Castro's sentencing is scheduled for June 24. For more read California teen convicted of first-degree murder after molesting and drowning his 4-year-old neighbor.

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

A 15-year-old boy was stunned with a taser after an outburst in his classroom. Anthony Jones, 15, attends Delta College in Stockton, California. Because he is autistic, Anthony attends a special class catered to his needs. His family said Anthony had an outburst in class after he received a grade on a test that he did not like. After his tantrum, Anthony was asked to leave the classroom. When he refused to leave, police were called. Tajmah Jones said school officials told her that as a police officer went to remove Anthony from the classroom Anthony resisted and reached for one of the officer's guns. At that point Anthony was stunned with a taser. He was taken to San Joaquin General Hospital to have a barb removed from his body. For more read Autistic boy stunned by police in Stockton, California.

It is well known that some teens with autistic will have outbursts and what may be deemed behavioral problems. It is important to have an education plan and behavioral plan in place that accounts for the needs, abilities, and, yes, the disabilities of special needs and autistic teens and children. By tailoring a program, plan, and procedure to the needs of each child, incidents like the one above can be reduced or prevented altogether.

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

A San Diego, California, daycare operator and foster care mother was recently sentenced to 14 years imprisonment in connection with the death of her nearly 2-year-old foster son. 51-year-old Linda Faye Coleman, who originally faced a murder charge, pleaded guilty to felony child abuse for the June 27, 2007 death of Malachi Roberts-McBride. Although Coleman received a vast amount of support from family and friends, the physical evidence weighed against her. According to prosecutors, Malachi suffered from brain-swelling, was covered in bruises and had bumps on his head when he was taken to Rady Children's Hospital. Authorities determine the cause of death was not accidental and instead was the result of blunt force trauma. A previous hearing, an attorney for Coleman declared she had run a licensed daycare center for 15 years before Malachi died and had been a foster mother for 10 years. For more read California daycare operator and foster mother pleads guilty to felony child abuse charge, sentenced to 14 years imprisonment.

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

In California and other States, boating can be a fun activity for family and friends. Boating can also be a dangerous activity and even a deadly one when a boat capsizes. Because of these dangers and others, it is important to have safety precautions in place including but not limited to life jackets, life preservers, inflatable boats (room permitting and when available), first aid training, and captain / operator training. Near San Diego, California, it was reported that a sailboat capsized leading to the dead of two men and injuries to several other people who were in the boat. The incident took place in San Diego Bay. THe United States Coast Guard, harbor police, firefighters, and paramedics responded to the rescue and post rescue efforts. See Two Dead - 8 Injured - Sailboat Sinks off of San Diego, California.

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

In California and other States, some people just think that clowns are creepy. Of course, there are a great many of people who think clowns are great and a source of wonderful entertainment and fun for children of all ages. Unfortunately, there are some clowns who break the law and give the profession of clowning a bad name. Many people use a position of trust or access to children to harm them. In Newport, California, it was recently reported that a party clown who worked under the name of "Tin Larin" was arrested in connection with an alleged rape of a 12 year old girl in 2002. DNA evidence was collected and catalogued after the incident. The clown at issue - Jose Guadalupe Jimenez - was subject to another investigation in which his DNA was collected. Mr. Jimenez is accused of kidnapping the girl and taking her to a school parking lot where he allegedly raped her. He then reportedly took the same girl to a motel where he molested the victim again. The girl was able to escape and later reported to authorities that she was attacked by a Hispanic male who was wearing clown make up and a mask. The science of DNA was the key to the puzzle of this unsolved crime of so many years ago. Jimenez probably thought that he got away with this crime and continued to work as a clown fro the past 9 years. See Clown Arrested in 2002 Rape in Newport, California.

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

A Southern California couple is being tried for sexually abusing children at their residential day care center in San Diego. The San Diego Union-Tribune reported that 59-year-old Mark Kaczmarczyk was convicted by a jury of felony child abuse and lewd conduct on a child. He faces up to 10 years in prison. Prosecutors argued that, in 2007, Kaczmarczyk sexually molested a 2-year-old girl at his home-operated day care center in Mission Valley. Kaczmarczyk's 45-year-old wife, Anita, was also convicted of child abuse involving the same 2-year-old female victim and another 2-year-old boy.
She faces up to 6 years in prison. At trial, the defense argued that the female victim's father was the real suspect in her molestation and that the male victim was probably injured injured in a potty training accident. For more read Southern California couple convicted for abusing children at home-operated day care.

Parents enroll their children in day care centers with the hope and expectation that the child will be cared for in a supportive and safe educational environment. Unfortunately and tragically in some instances, children are abused and neglected in the very places (Day Care Centers) where the children should be protected.

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

Police of Boyle Heights, California have arrested a 15-year-old boy who was captured on a surveillance video walking around naked at a preschool. Officers arrested the teenager after receiving a tip from a Boyle Heights resident who saw the video on television and was able to positively identify the suspect. The incident occurred at the Centro De Allegria Pre-school. The surveillance video shows the teenager wearing only socks and shoes and sexually arousing himself while walking around in circles for several minutes in the entry way of the facility. Before the suspect engaged in what a press release called "strange behavior of a sexual nature," the boy entered the facility and ransacked the offices, taking items such as money and keys. After stealing the items, the suspect undressed and began to sexually arouse himself. The school reported a similar burglary incident in November 2010 with the same suspect. Because the perpetrator is a juvenile, his identify is not being released by police. However, he is currently booked for burglary and is being held without bail. For more read 15-year-old arrested after walking naked through a Boyle Heights, California preschool facility.

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

Seven children had to be evacuated from a residential day care center in Alameda, California, after a fire broke out at the center. Fire fighters were able to extinguish the flames within 30 minutes and, luckily, no one was hurt or personally injured in the fire at Marva's Happy Town FCC. Marva Lyons, owner of the day are, said all the children were taking naps when the fire broke out. The day care center also serves as the home for Lyons, her adult daughter, and 6-year-old granddaughter. Lyons said she went upstairs after she heard a pop and immediately saw the amount of smoke. Lyons waited down the street with the children while fire fighters searched for hot spots inside the home. Also while waiting, Lyons was hurriedly flipping through her contact book to notify the parents of the children about the incident. Acting Fire Chief Mike Fisher said the fire began upstairs, and although there were not many flames there was a lot of smoke. The cause of the fire remains under investigation. For more read 7 children safely evacuated after fire breaks out in Alameda, California day care.

Owners and operators of residential day care centers, as well as non-residential centers, need to ensure that their facilities are properly equipped with smoke and fire prevention devices. Every child care center should have properly installed and working smoke detectors.

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

In Banning, California, middle school boys have been arrested on suspicion of sexual assault. The teenage boys are accused of a gang-rape style attack on a fellow female classmate. All the parties involved attend a middle school in Banning, California, a suburban town about an hour-and-half east of Los Angeles. According to Banning police, the female student of Nicolet Middle School was walking home through Roosevelt Williams Part around 5:30 p.m. when she was approached by the three boys. After being approached, police say the boys began to "sexually fondle" the girl, grabbed her arms, and forced her onto a playground set. A police press report stated the victim alleged the teenage boys continued to fondle her and one teen boy raped her while the other two held her down. The victim's cousin, 13, said that attack happened near the bathroom and left the victim with bruises on her neck and scratches on her face. The park is approximately one mile from the middle school. The victim reported the incident to police at her school the day after the attack, she was able to identify her attackers. Police reported when they interviewed the male students they all admitted to the incident. For more details please read 3 male middle school students accused of gang-rape attack on fellow classmate.

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

The California Highway Patrol (CHP), Department of Motor Vehicles (DMV) and Child Doula Services have come together to conduct monthly inspections for child passenger safety. According to CHP Officer Paul Dahlen the goal is to educate not enforce. Hopefully educating those drivers with child passengers will reduce child personal injury and child death statewide. Properly installing child safety seats is a state-wide issue. Dahlen stated that 90 percent of inspected car seats are improperly installed. Proper installation of child safety seats is important because it can reduce the chance of a child being ejected from the vehicle during a crash, as well as decrease a child's chance of sustaining severe personal injuries or being killed. Under the current California law, children must be secured in an appropriate child passenger restraint (either car or booster seat) until the child is at least 6-years-old or weighs 60 pounds or more. The current fine for violating this law can be significant, 435 plus add points to an individual's driving records. For more on this topic please see California officials to inspect child safety seats.

Most states have laws for child passenger restraints that are governed by both a child's weight and height. Proper fitting and installing of a child safety seat can prevent your child from sustaining serious, critical and severe personal injuries.

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

A 61-year-old man has been arrested on suspicion of molesting 3 girls at his wife's day care facility in Riverside County, California. Ruben Avalos was arrested while he was picking up children after school and transporting them to his wife's day care center, Carlos Family Child Care center in Moreno Valley. Avalos was suspected of molesting the girls after the initial allegations were made at Riverside County Regional Medical Centers. The alleged victims are under 14-years-old. Maria De La Luz Carlos, Avalos' wife, stated she and Avalos have been married for 13 years and he sometimes helps her run her day care business. To see more details on this story please see Husband accused of molesting girls at wife's day care center. Avalos will be entitled to an attorney and to defend himself against the accusations made against him. Victims of child abuse, whether sexual or physical, may suffer lifelong consequences resulting from the abuse. Therefore, it is imperative that day care facilities provide children with a safe and nurturing environment. Children should be encouraged to and provided the type of atmosphere that allow them to voice any concerns they have with day care workers or providers. Once suspicions are brought to light a criminal investigation will ensure, stopping the abuse or other inappropriate contact from occurring.

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

According to authorities, seven middle school students in San Francisco, California, were taken to the hospital after they ingested rat poison, which they mistakenly took for candy. The incident occurred at Martin Luther King Jr. Academic Middle school. A student told a parent about ingesting a blue cube found atop of filing a cabinet. A teacher later contacted poison control. Although the students showed no symptoms, they were taken to the hospitals for precautionary reasons. School officials say the incident is under investigation. To read more on this story please see Middle school students taken to hospital after ingesting rat poison mistaken for candy.

Children are inherently curious and do not always understand the dangers of their surroundings. It is an adult's and other responsible person's responsibility to lock away all poisons or other toxic chemicals - this is applies to the home as well as day care centers and schools. It is common for children to ingest cleaning products or other toxic chemicals because of brightly colored packing and designs. To read more on poison control around the home, school and day care facility please read Dishwashing Detergent Capsules Pose Risk for Children.

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

Police officials in Baker, California, have arrested a former day are worker in connection with the October 2010 death of a 2-month-old baby at a local day care center. 22-year-old Ashley Rene Reifer was arrested and charged with one count of second-degree murder and one count of cruelty to a juvenile. The autopsy of Brody Hopper revealed that Brody died of traumatic brain injury or Shaken Baby Syndrome, said Police Chief Make Knaps. Reifer worked at Busy Bee Learning Center in Baker, California. According to investigators, Brody was in her sole care on the day of his death.

The death of this infant is a tragedy for his family and community. Reifer will be entitled to a criminal defense attorney or the services of the public defender's office Children in day cares must always be handled with patience and care. State legislatures are enforcing stricter screening requirements for those who intent to work at day cares. Hopefully, this stricter requirements will make day care centers safer for children. If you would like to read more on this story please see Former day care worker arrested and charged after autopsy results reveal death of 2-month-old infant caused by shaken baby syndrome.