Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado Springs and other cities, child pedestrians are at risk in parking lots and roadways. A driver can never know for sure when a child is in a parking lot or attempting to cross a street. As such, drivers should be on alert and drive with care at all times. Of course, school zones, parks, and playgrounds are common areas where one would see a child pedestrian. We all also know that children are in all other areas as well. Drive with due care.

In Colorado Springs, Colorado, two toddlers in separate incidents suffered serious personal injuries. One was hit by a car near a car wash when the child wandered away from his father. Another was hit by a car while attempting to cross the street. For more details about these incidents, see Two Colorado Kids Hit by a Vehicle in Separate Incidents in Colorado Springs.

Any time that a child is injured - it is traumatic for the child, the family, and the driver as well. It is especially unfortunate when a child is injured and the incident could have been avoided with better driving and attention. Of course, some accidents are completely unexpected and unavoidable. If you have a question about an automobile accident involving an injured child pedestrian, get legal advice from a Child Injury Lawyer so that you can better understand the legal process, insurance claims process, and the rights of the injured child pedestrian.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Littleton, Colorado and other cities, the new school year has begun. For most children, the first days and weeks of school are filled with fun new learning adventures, seeing friends, and making new ones. Unfortunately, the new school year has greeted some children with injuries, abuse, and neglect at the hands of child care and day care providers. In Littleton, Colorado, a child care worker showed poor judgment by duct taping a boy's hands to his head. This bad judgment in child care resulted in the day care worker's arrest by the Douglas County Sheriff's Office. Matthew James McGregor, age 21, was employed for Roxborough Roxstars, a program run for before and after school care for the Douglas County School District.

The Douglas County School District touts itself as providing quality care for children during, before, and after school. The Sheriff's Office reported that the incident may not have been intended as punishment but just horseplay between the substitute teacher and the student.

Teachers, substitute teachers, day care providers, and child care workers need to provide children with a safe haven during the school day and during before and after school programs. You can read more about this story at Colorado Teacher Arrested for Duct Taping a Student in Douglas County School Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Benjamin Janicki, a 19-year-old boy, was a summer hire as a day care aide at Park Hill United Methodist Children's Center. According to Denver's district attorney office, Janicki was arrested and faces at least felony counts of sexual abuse on three preschoolers. Janicki also faces three additional counts of sexual assault on a child by a person in a position of trust, also felonies. Parents were told that the victims were between the ages of 3 and 4-years and that there could be more.

Janicki had no previous arrests according to public records and is being held in a Denver detention center on $650,000 bail. He is entitled to a criminal defense attorney and a trial.

Janicki's case has forced the day care center to close while the state's Department of Human Services investigates "serious and significant supervision issues." If you would like to read more on this story see 19-year-old faces three counts of sexual abuse upon minors at a day care.

Day care workers are selected by the parents and/or guardians of children. A significant amount of trust is placed in day care providers and workers to care for and nurture another's child while the parents and guardians are at work, ensuring financial stability for the child. Any person who would abuse this trust is depraved and immoral. If you suspect someone is a victim of abuse, report the incident to local authorities immediately so an investigation can be prompted as soon as possible.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado has a adopted a new law that changed the requirements for children who have to use booster seats. Under the previous law, children between the ages of 4 and 5 were required to be restrained by a booster seat while in a motor vehicle. Now, under the new law, children who are 6 and 7 are also required to be restrained by a booster seat. Also, a child's height and weight are no longer the determining factors of whether or not a child should be restrained in a booster seat - the new law only has an age requirement affecting children under 8-years of age.

Many Colorado parents are unaware of the changes the new laws made. However, not obeying this law is consider a primary traffic offense in Colorado. An officer is legally able to stop you for the sole reason of not having your child in a booster or car seat. The minimum fine is $82 for every offense. However, police will give a warning in the law's first year. To read more on the new law see Colorado changes its booster seat law.

Parents, day care providers, babysitters and other people who transport children need to inform themselves of changes made by the new booster seat law. Hopefully, this law will decrease crash-related or other traffic-related child injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Broomfield, Colorado, a teacher is accused of sending inappropriate text to students. There cases are interesting in that there is typically electronic evidence that can identify the sender and the receiver of these text messages. The messages themselves are evidence that can show criminal acts and intent on the part of the sender. Of course, the teacher will be entitled to defend himself through the services of a public defender or a private criminal defense lawyer. Among the questions / issues that may be addressed in this matter may be:

How many messages were sent by the teacher to students?

Can the messages be subject to one or more meaning or interpretation?

Did the teacher's phone ever fall into the hands of someone other than the teacher?

Will the defense claim that someone else sent out the text messages?

How explicit and sexual were the text messages that were sent out?

Electronic forms of communication like text messages, e mails, and Facebook posts are in writing and can be saved, copied, and printed. One could argue that they are no different than writing a nasty, sexually laced letter to someone.

You can read more about the allegations against this Broomfield, Colorado teacher at Bloomfield Teacher Accused of Sending Inappropriate Texts to Students.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Governor Ritter of Colorado was recently in a bicycle accident that caused several broken ribs. After his own experience with a bicycle injury, he is throwing extra support behind a bill that would require Colorado kids from ages two to seventeen to wear a safety helmet when riding a bike, roller blades, or skate board.

The bill has already passed the House, but is drawing criticism from those who say that the government is taking on too much responsibility that should go to parents. Chris Brown, the owner of Brown’s Cycles, said that he believes strongly that kids should wear helmets when biking or blading, but does not want the government getting involved. He went on to say that the consequences of the proposed law are “ridiculous bureaucracy;” a police officer is supposed to stop the child, issue a ticket and give him a pamphlet explaining the dangers of riding without a helmet.

One of Brown’s employees, who himself suffered a head injury in a bicycle accident, summed it up nicely, saying “your child’s life is worth 35 dollars for a helmet.” The bill will now go to the Senate for a vote before it can become law.

Read more about pending legislation in Colorado that would require minors to wear bike helmets at Ritter Supports New Helmet Bill after Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Johnson and his grandmother were in the Golden, Colorado Wal-Mart parking lot when Joshua suddenly broke away from his grandmother and bent over to pick something up off the ground. Debra Debruyne was looking for a parking space and never saw the boy; she struck the child and then dragged him for ten feet before she realized what had happened. When she stopped, Joshua was wedged under her car and couldn’t get out.

Scott Martin, a full time firefighter and paramedic and his wife, Jennifer, heard a thud and a scream, and then rushed to the car with medical equipment and a radio. Five other bystanders lifted the car off of the boy so that Martin could crawl under it and bring the boy out. The child was not breathing, but Martin was able to straighten out his airway. He then held the boy immobile so that he couldn’t move and hurt himself further. Joshua is in critical condition at Children’s hospital. According to police, there is no way Ms. Debruyne could have seen the child, and they will not be filing and charges against her.

A busy parking lot is a very dangerous place for a child, especially during the holiday rush. Parents and drivers need to take the time to pay attention to their surroundings and proceed with caution. Read more details about this accident and the heroes who saved Joshua’s life at Bystanders lift car to rescue trapped 3-year-old.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

n Longmont, Colorado, a crash sent a truck into the front of a Blockbuster Store. Police investigators reported that a Dodge truck crashed into a Subaru Outback. The force of this impact put the Subaru into a curb, then into the Cubby's Coffee Shop, and finally into the Blockbuster Store. Police reported that Steven Williams (age 37) from Longmont, Colorado sped through the intersection prior to the crash. There were 5 people injured as a result of this crash including: Bruce Kline, Kline's wife, Kline's 17 year old daughter, Maricuz Gutierrez, and Steven Williams.

Crashes of this nature can cause chain reactions that at times can be deadly. Fortunately, there were no reported injuries from Cubby's Coffee Shop or Blockbuster. Speed limits and traffic signals are in place for a reason - the safety of others. You can read more about this story at Vehicle Crashes into Blockbuster Store - 5 People Including Teen Suffer Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A sixteen year old girl with no driver’s license and a borrowed car drove into a tree outside the Wagon Wheel Mobile Home Park in Alamosa, Colorado. She had three other teenagers and two small children, aged 20 months and 4 years, in the car with her at the time. The car had been borrowed from a relative of one of the passengers. The girl is expected to be charged with drunk driving (DUI), driving without a license and criminal negligence resulting in the injury of a child. The driver is claiming that a steering malfunction caused her to miss the turn she was trying to make into the park, and sent her into the tree instead.

Teen drinking and driving is unfortunately an all too common occurrence. Teenagers and adults alike often lack good judgment when drinking alcohol. Teenagers, however, are less likely to know their own limits and do stupid things while under the influence. There is no doubt that this young woman put her life and the lives of her passengers at risk by driving her car in such a condition. You can read more about this senseless accident at CHILDREN, TEEN INJURED IN ACCIDENT.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Be Good to People is a company and concept created by Kris Wittenberg who lives in Eagle, Colorado. What in the world is " Be Good to People"? It is a simple but clever reminder for people to do good things for others. As I understand it, it is kind of like the concept of Pay It Forward. Do good things just for the sake of doing good things. In our busy world around us, some times we forget about others and how important it is to do good for our friends, neighbors, colleagues, co-workers, acquaintances, and, yes, strangers. As noted on the Be Good to People website, "it's performing simple acts of kindness and recognizing others for their 'Good'." A portion of the profits from this company will be used to recognize others who are doing good. I recommend that you visit the Be Good to People website, Facebook, and Twitter to find out more about the message of this company. Go ahead and buy a T-Shirt or Mug and help spread the message. I am not a paid spokesman and do not stand to benefit by any sales to this company in any way. I just liked the message and wanted to help Be Good to People get the word out.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Colorado Department of Public Health and Environment recent held a symposium in Denver. Statistics were reported at the symposium regarding child deaths from automobile accident. Statistics show that the number of deaths from automobile accidents of children (age 0 - 20) dropped by forty four percent between the years of 2003 and 2008. The event / symposium was held as part of a campaign of awareness and prevention by the Center for Disease Control and Prevention.

While these statistics show improvement, many children died and were injured in automobile accidents. A good number of these incidents resulted from the negligent driver of a person on Colorado roads. One death from negligence or distracted driving is one death too many. You can read more about the symposium at Colorado Statistics - Child and Teen Motor Vehicle Deaths Decline.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical study, conducted by a doctor at University of Colorado along with other colleagues, reports that children, who die from over the counter cough and cold medicines, are often times very young. Directions on boxes and containers of OTC (over the counter) medications are very important. It is also important to read the counter-indications for such medications. When administered appropriately, over the counter medications are typically safely consumed by the child with little to no side effects. The medical study study reported in the Annals of Emergency Medicine determined that deaths that take place typically involve children under the age of 2 years old. Cough and cold medications and products can cause severe reactions, injuries, and death from toxicity.

You can read more about this story at Young Children Most at Risk for Toxicity from Over the Counter Cough and Cold Medications.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado and other states, just a few minutes or more of inattention can lead to serious child personal injuries and, in some instances, wrongful death. In Denver, Colorado, a 7 month old baby died while his father was taking out the trash. As a result of this incident, the Denver Colorado District Attorney's Office has charged the father (Thomas Ashley) with child abuse. Mr. Ashley was bathing his son but left his son in the water while he made a telephone call and took out the trash. Firefighters were called to the scene; however, their efforts were not enough to save this child from this most unfortunate and preventable death. Stories like this show the important of supervision of children especially around water including bathing time. Mr. Ashley could have taken the telephone call later and the garbage certainly could have waited. Parents - keep on task when bathing a child. As you can see, it is very dangerous to multi task when bathing a child. You can read this story at Colorado Child Dies from Drowning As Father Takes Out Trash.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado lawmakers are considering changes to the State law regarding seat belts. In particular, Colorado law may be changed to include the failure to wear a seat belt as a primary offense. In other words, a driver could be pulled over by a police officer and issued a citation for failing to wear a seat belt. Current Colorado laws require that a driver commit another traffic offense before being cited for the failure to wear a seat belt.

Seat belts save lives and should become the habit of all drivers and passengers with or without tough seat belt laws for Colorado or for other States. You can read more about this issue at Lawmakers Make Another Try to Strengthen Colorado Seat Belt Laws.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Denver, Colorado, a mother, Danelle Daunchet, was arrested for child abuse for her nightly method of supervising and restraining her 10 year old daughter. Apparently, every night, Ms. Daunchet would zip tie her daughter's hands and have her sleep on her back. Each morning, Ms. Daunchet would release her daughter by cutting off the zip ties. The Department of Human Services took the girl into custody. The story reports that the child was restrained to keep her from "stealing" food at night. How can a child "steal food" from her own home? From her own mother? This is a very strange story and an improper way to parent and supervise a child. You can read more about this story at Denver Mother Arrested for Restraining Daughter at Night.