Child Injury Lawyer Blog

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

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

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

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

Steven Hayashi, 52, was arrested for child endangerment and possessing a mischievous animal that causes death or great bodily injury after his pit bulls attacked and killed a 2-year-old boy in Concord, California. Authorities say the victim was the step-grandchild of Hayashi. The child was inside the family's home with two adult relatives and a young sibling when the child wandered into the garage of them home where the pit bulls were kept. The dogs mauled the boy, he was taken to a local hospital where he was later pronounced dead.

Hayashi is being held on $120,000 bail and is entitled to an attorney. Police are continuing to investigate the accident. If you would like to read more details on this story please see 2-year-old killed by pit bulls kept in a California home garage.

The death of this child is a tragedy for the family and the community. Dogs, although domestic animals, are still animals that have inherent dangerous propensities. Dogs should always be kept in a safe and humane manner and supervised by an individual capable of restraining the animal. Adults or other responsible, mature and competent people should maintain supervision while having a child in their custody and especially when the child is playing with any animal.

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

A tram accident at the Six Flags Discovery Kingdom theme park in Vallejo, California left 3 injured. Nancy Chan, a Six Flags spokeswoman, told local reporters that the tram was transporting guests to the parking lot when it was struck by a swinging metal gate. Apparently, a guest inadvertently pushed the gate causing it to swing and hit the tram. A 34-year-old man suffered from a protruding injury to his leg and a two-year-old girl had a laceration to her stomach. The third victim, an adult woman, only suffered minor injuries. The 34-year-old man was airlifted to UC Davis Medical and the two-year-old child was airlifted to Kaiser in Vallejo and later taken to Children's Hospital in Oakland. Bill Tweety, a spokesman with Vallejo Fire, stated both victims are still believed to be in serious condition. If you would like to read more on this story please see Three injured at Six Flags amusement park in California.

These accidents are very unfortunate for both the families and loved ones of the victims. Hopefully, the two victims in serious condition make a full and speedy recovery. Amusement parks are fun and exciting environments, however, the potential of danger is alwayspresent. Park guests should follow the rules and guidelines of the theme park and not wander into any authorized areas so as to minimize the risk of injury.

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

On June 17, the Supreme Court of California ruled a homeowner accused of negligently failing to supervise her son, thus enabling him to repeatedly molest a child at the mother's home, may be entitled to coverage under her homeowner's insurance policy. The California high court's decision was unanimous and the court reasoned that because the mother and son were separately insured under the policy, the claim against the mother might be recovered, even though the "intentional acts" exclusion provision of the policy clearly precluded coverage for the claim against the son.

In 2003, Scott Minkler alleged he had been repeatedly molested over a period of several years by his Little League coach, David Schwartz. Minkler accused Betty Schwartz, David's mother, of having knowledge of the abuse but did nothing to stop it. The Shwartzes were covered by Safeco Insurance Co. with Betty as the named insured and David as the additional insured. After Minkler obtained a default judgment against Betty for more than $5 million, she entered into a settlement with Minkler and assigned her claims against Safeco to Minkler.

The California Supreme Court said the language of the policy was ambiguous and thus had to be interpreted in line with the reasonable expectations of the insured. Justice Marvin Baxter, writing for the high court, said Betty could not have reasonably understood the narrowing of her coverage by allowing her son to live with her. To read more on this topic see California Supreme Court rules homeowner's insurance should cover negligent acts.

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

A 3-year-old girl was struck by line drive ball at a Dodgers baseball games. The ball was hit by Dodgers player Russell Martin during batting practice at Dodger Stadium. The child sustained a skull fracture from the line drive and was rushed to the first-aid station by her father. According to the Associated Press, a Dodgers spokesperson said the girl was scheduled for surgery at Childrens Hospital Los Angeles, her injuries were not life threatening. Martin expressed sympathy and concern for the child and offered to pay for the medical expenses. To read more about this accident see 3-year-old struck by line drive ball at Dodger Stadium.

This is a tragic accident for the child, her family and the community. Injuries to children can happen during the most unexpected times. Safety precautions should always be taken in order to ensure a safe environment for children. Hopefully, the child will have a fast and complete recovery.

Liability is an interesting issue in this incident: Would the baseball team have any liability? Does purchasing a ticket constitute a waiver of liability regarding these types of injuries? If Martin did not offer to pay of the medical expenses, who would bear the cost of these expenses?

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

Dog bites continue to take place throughout the United States. Unfortunately, children are often times the victim of a dog bite which can cause serious personal injuries and, in some instances, the death of a child. The incidents can take place in the neighborhood, friend's house, or even the very home of the child. People should keep in mind that dog's are animals and can be unpredictable. In San Bernardino, California, it was reported that a 2 year old boy was attacked by a pit bull. The attack resulted in serious child personal injuries including serious neck and head wounds that ultimately caused the death of this child. The victim was identified as Nathan Aguirre. Animal control later seized the dog. For more information on this story, see Dog Attack Kills 2 Year Old Boy.

Are Pit Bulls dangerous dogs? Are children at risk in the presence of any Pit Bull breed? The answer to these questions depends who you ask. Some people believe that Pit Bull breed dogs are dangerous dogs and should not be left unsupervised or unrestrained against children. Pit Bull advocates believe that dogs are like people. If you treat them right, the dog will not be aggressive.

http://www.redlandsdailyfacts.com/sanbernardinocounty/ci_15184828

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

In California and other States, guns including pellet and bb guns have no place on campus or at the school or even near the school. In Whittier, California, a 10 year old boy purchased a pellet type of gun from an ice cream truck / ice cream man. Thereafter, he accidentally shot the pellet son at another student. Fortunately, there were no serious injuries that resulted from the incident. The matter was reported to school officials who later suspended the 10 year old student.

While there were no serious personal injuries reported, there was certainly a danger or risk of serious personal injuries any time that there is a child using a pellet gun without safety precautions and without adult supervision. There is also a danger that a police officer or other person could mistake a toy gun or a pellet gun for a real gun.

Parents, teachers, and other adults should do their best to educate their children on the dangers of both real guns and toy guns. Furthermore, selling items like a pellet gun from an ice cream truck near an elementary school is problematic. City officials could consider a city ordinance banning or regulating such sales. You can read more about this story at Boy Suspended from School in Whittier California Regarding a Pellet Gun Incident.

By Carl L. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, there are some remarkable teachers and school employees who are working hard to protect the safety and welfare of children. If a person decides to work in a school system, the safety of a children should be a paramount concern for teachers, administrators, support staff, volunteers, parents, and custodians. In Las Cruces, California, Jerry Rios, a custodian employed at César E. Chávez Elementary School is credited with saving a kindergarten child (Dominic Lujan) from serious personal injuries when the child's jacket was caught in the door of a vehicle in the car pool line. Rios, who recognized the danger of the situation, jumped in front of the vehicle to make sure that it stopped. Mr. Rios was later honored for his heroism and quick thinking by the school and administrators. You can read more about this story at Custodian Saves Kindergarten Student from Serious Personal Injuries - Las Cruces, California.

Schools, teachers, and other care givers should keep this story in mind when caring for children. During most of the time, supervision does not require this kind of heroism but it does require that the teacher / staff member be alert, conscientious, and proactive so that the children are safe and kept out of dangerous situations during the school day.

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

In California and other states, there are thousands upon thousands of child sexual predators out there. Some live on our streets. Some teach in our schools. Some even serve on our school boards. Yes, you read that correctly - some child sexual predators are even school board members. In Rio School District (Ventura County), school board member, Brian Martin (age 49), pleaded guilty to sexual abuse of a minor child and to child molestation charges. The abuse took place over a 5 year period. It is quite disturbing to know that a person who was setting and enforcing school board policies was actually a child predator. You can read more about this story at CA School Board Member Pleads Guilty to Sex Abuse.

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

Anthony Jerome Hall Jr. was accused of beating and stomping his girlfriend’s baby to death while she was at school. According to prosecutors, Hall killed the child late in the evening, telling the mother that he had put the baby to bed before she arrived home. The next morning, after the girlfriend left the house, Hall allegedly stuffed the boy’s body into a plastic trash bag, and then took several trains and a bus to Long Beach, where he tossed the baby in a trash bin.

He then called his girlfriend and told her that the child had been abducted; cutting himself with his own keys to make it look as though he had been attacked. When Hall’s girlfriend called the police, the dispatcher called Hall’s cell phone, and police were able to locate him in Long Beach, where they quickly discovered the body.

Hall admitted to officers that the kidnapping had been a lie, but insisted that the child’s death was an accident. He later told investigators that his girlfriend had killed the child, and then asked him to dump the body. Later on he changed his story again, saying that he had struck the child several times before putting him to bed, and that he had found the boy dead the next morning.

The defense painted Hall as a “fall guy,” who was willing to take the blame for his girlfriend’s actions, and pointed out that there was no physical evidence linking Hall to the child’s death. The case has been turned over to the jury. Find out more the tragic death of a California infant at Baby killing case goes to jurors.

If your child has been injured, please contact our Jacksonville, Florida law firm for child injury law counsel.

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

San Luis Obispo County, California high school and doctors are using a program to help doctors and coaches better manage student athletes with concussions. The program provides brain testing for student athletes BEFORE there is an injury or concussion. With this baseline testing in place, doctors are better able to determine the objective effects of a concussion after the injury takes place. A similar program is in effect for the National Football League.

This is a sensible approach by this County and its high schools. In medicine, baselines are important to establish the patient's condition before an injury or condition takes place. You can read more about this program at San Luis Obispo County California High Schools Institute Program to Better Deal with Student Athlete Concussions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is January and many cities and States are bracing for the Winter chills and snows with the associated chilly weather. Other States like California, Florida, and Hawaii enjoy warm weather year round in most parts of the State. A recent article posted at the Woodburn (Minnesota) Independent noted that swimming lessons help reduce the risks of drownings. It should be noted that water is present year round. A child should drown in the winter time as easy as he or she could in the summer time. Swimming lessons should be provided to a child as soon it is practical to do so. If swimming lessons are offered for your child's age group, go ahead and get your child signed up. While swimming lessons will not prevent drownings in every instance, swimming lessons can help avoid tragic drownings and can save a life.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A California judge ruled that Roman Polanksi must return to California for sentencing. It is certainly interesting how Polanski and his attorneys have litigated and argued his case. What has been absent from the arguments and posturing of his attorneys is a factual defense as to the incident itself. Did Roman Polanski have sex with a 13 year old girl? It does not appear that there have been any denials that Roman Polanski acted inappropriately and illegally regarding this acts. The arguments that have been put forward have been that there was a deal in place with the prosecution and Judge, that 40 years have passed since the incident, and that Polanski is a famous director who has made wonderful films. Polanski should return to California and face the consequences of his acts regardless as to where and when they happened. See Judge Says Polanski Must Return for Sentencing.

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

In an effort to keep kids out of foster care, the Los Angeles County Department of Children and Family Services is giving abusive parents accused or suspected of abusing their children a second chance to be good parents to their children. Experts call the experiment, run by the nation’s largest county-run child welfare program, one of the most promising experiments for child welfare. However, it is not without risks; it does place children back into homes that have been deemed unfit.

The program was developed in response to the fact that children in foster care often end up homeless, jobless, and incarcerated as adults. The theory is that the money spent on foster programs would be better spent educating the child’ biological parents to improve their parenting skills.

Los Angeles County is taking advantage of a new federal program which allows them to accept a set amount from the government, rather than an amount determined by how many children are in foster care. Under the program, the county can use any excess funds as they see fit. In some cases, the county may pay for furniture for the child’s room, child care, parenting and anger management classes, and even a bus pass to get to job training classes. If the child moves back in the parent may also be eligible for more housing, food stamp and welfare benefits.

The program seems to be working; in the last decade the county has reduced the number of children in foster care by more than half. And the savings in monthly foster care costs has allowed the county to hire more case workers. Find out more about this foster care avoidance program in California by visiting With time and help, a mom may learn to conquer anger.

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

A four year old boy, Jonathan Vasquez, was killed in a hit and run accident in front of his school recently. The child was riding a scooter to preschool, with his grandmother and older brother walking behind him, when he was hit while crossing the street that leads out of the school parking lot. The driver of the car fled the scene, dragging the boy’s body behind him for a short distance. Because the accident occurred just after the first morning bell, there were few witnesses and the police do not have a good description of the car or the driver, who has only been described as a man with a dark complexion.

Drivers need to be extra cautious around schools and parents need to hold children’s hands when walking in parking lots or crossing streets. Child safety experts warn that drop off and pick up at schools are the most dangerous places for young children, and estimate that about half of all children struck by cars near schools are hit by other parents. School administrators and teachers should remind parents that they need to slow down and drive with caution, and keep their mind on their driving instead of the day ahead. Parents and others picking up children at school should leave the house ten minutes earlier so that parents are not feeling rushed when dropping their kids of at school. And of course, it is always a good idea to hold a child’s hand near traffic.

North Sacramento Police have asked anyone with information about the accident to call Crime Alert at (916) 443-HELP. Callers can remain anonymous and might be eligible for a reward of up to $1,000. You can read more about this hit and run accident at Child's hit-run death in North Sac spurs school safety warnings.

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

In California, traffic signals and devices should be obeyed by drivers. The simple act of running a red light can be quite deadly. In Novato, California, Steven Culbertson, age 19 from Lakeville, California, first hit a car stopped for a light and then drove through the red light and into the intersection. Then, Culbertson in a BMW Mini Cooper crashed into a mini-van occupied by the Maloney family. The father (Johnathan Maloney - age 45), the mother (Susan Maloney - age 42) and two children (Grace and Aiden) died as a result of the impact according to the California Highway Patrol.

This crash is truly tragic. The sudden and avoidable deaths of the Maloney Family will be such a loss for their other family members, neighbors, friends, and the community.

All drivers should obey the speed limit and obey traffic signals. Running a red light as you can see can be deadly not only for one person but an entire family. See California Family Killed in Red Light Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It was reported by the Associated Press that Roman Polanski will be placed under house arrest pending the decision of the Swiss Justice Ministry to extradite Mr. Polanski back to Los Angeles, California to face criminal charges for the rape of a 13 year old girl. Many child safety advocates and others question why Roman Polanski is getting such preferential treatment for the crimes that he committed. It is also baffling because Roman Polanski skipped out on serving his prison sentence in California so many years ago. The passage of time does not lessen the severity of the crime or the need to punish the criminal for his wrongdoing.

In 2009, a former Huntington Beach, California teacher was sentenced to four years in prison for having sex with a 14 year old girl. Why are Roman Polanski's crimes any less reprehensible than the crimes of this former teacher? Furthermore, it should be noted that Roman Polanski also drugged the 13 year old that he had raped and molested. Roman Polanski should remain in prison and extradited to the United States to serve a prison sentence for his crimes. It would be interesting to hear how Roman Polanski would differentiate his crimes from that of this school teacher and other child predators. A crime is a crime. There is no viable criminal defense to Roman Polanski's conduct by the fact that he has directed several good movies. A crime committed by a talented film director is still a crime.

Roman Polanski to Be Released on Bail to House Arrest
AP
Swiss Justice Ministry says it will release Roman Polanski on bail to house arrest in Gstaad.

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GENEVA -- The Swiss government says it will release Roman Polanski on bail and place him under house arrest at his chalet in the Alps.

The Justice Ministry says in a statement released Thursday that Polanski will be transferred as soon as possible.

A Swiss court has granted Polanski release on a bail of $4.5 million and under condition of electronic monitoring and house arrest.

The bail does not affect the Justice Ministry's pending decision on whether to extradite the 76-year-old director to the United States for having sex in Los Angeles in 1977 with a 13-year-old girl.

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

Facebook is a wonderful tool and communication medium for millions of people. Unfortunately, it is also used at times for violence, bullying, and other acts that led to the physical and / or emotional harm to children. In Calabass, California, a 12 year old boy was assaulted by classmates. A news report at Faox News stated that the assault may have been prompted by a posting titled "Kick a Ginger Day" which had something to do with an episode from the cartoon - South Park. Whatever the motivation, middle schools should be a place of safety and education for children rather than locations of assaults and bullying tactics. You can read more about this story at Facebook Post May Have Prompted Beating of Redhead at California Middle School.

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

In Riverside, California, a party was planned at a home. In preparation for the party and guests to arrive, the owner of the home decided to move his truck. Tragically, as the man was moving his truck - he ran over his 17 month old son. Driveway accidents have been reported throughout the United States. It is clear the driveways are very dangerous areas for small children who have poor safety awareness. The death of this child is certainly a tragedy for the father, family, neighbors, the community. From deaths like these, it is important to emphasize to parents and all drivers that small children should be kept out of the driveway area or in the alternative be held or otherwise very closely supervised so that incidents like these do not happen in the future. You can read more about this story at Riverside, California Child Dies After Father Moves Truck for Party.

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

Three young children were hit by a car in California recently, when a truck stopped to let them cross the road and the impatient driver behind him tried to go around rather than stopping. The children were not seriously injured, but parents are upset because there are traffic signals installed at the intersection – and they have been disconnected for about two years. The parents believe that traffic signals would have prevented the accident. The intersection is near both an elementary and a middle school and is used heavily before and after school. According to police records, of the ten people hit by cars in the city this year, five were children.

According to the Contra Costa City engineer, Jason Vogan, the lights were covered because they could not be timed correctly to prevent a possible traffic backup over a nearby railroad crossing. The city has been trying to deal with the railroad to get the proper permission to re-start the lights. In the meantime, busy school intersections are monitored by a few police officers and school personnel. Both school officials and police believe that many accidents are caused by impatient parents picking up their kids.

All drivers and especially parents should use extreme caution when driving near a school. Many automobile accidents / pedestrian injuries can be avoided by drivers being more patient and aware when children are present. Find out more about keeping kids safe on the way to and from school at Signs left unused leave pedestrians out to dry.