Child Injury Lawyer Blog

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Connecticut State Senate recently voted to ban smoking in Connecticut Day Care Centers. The bill passed by a lopsided vote of 35 to 0. This bill makes sense in that smoking has no place in a day care center or around small children. If a person cannot follow such regulation due to a bad smoking habit, that person should find another job or career. You can read more about this Connecticut legislation / laws at Connecticut Lawmakers Vote to Ban Smoking in Connecticut Day Care Centers.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a bill is being proposed that would effectively change the statute of limitations for sex abuse cases in the State of Connecticut. Currently, the statute of limitations in Connecticut for sex abuse cases is 30 years past the 18th birthday of the sex abuse victim. The proposed Connecticut law would allow someone older than 48 years old to pursue a case as long as it was pursued in conjunction with the claim of a younger person. The Catholic Church is publicly opposed to the change in law as it would expose the church to additional claims and liabilities that would otherwise be stale under the current Connecticut law. One of the buzzwords used by church officials is the term frivolous lawsuits. The church has for years hidden sexual predators and child molesters behind its doors. To state that the claim of a 50 year old is frivolous ignores the years of injustice and abuse that was ignored and even hidden by the church. Judges and juries should be able to the weigh the facts of each year. The determining factor should not be the age of the victim pursuing the case but the facts, evidence, and testimony behind the claims of abuse, neglect, and child molestation. You can read more about this story at Catholic Church Against Changes in Connecticut Sex Abuse Laws.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Police and the State Department of Children and Families are involved in a case regarding the "Home Away from Home Daycare Center" based in North Branford, Connecticut. The owner / operator - Laura Pearson was charged with risk of injury to a minor and for assault. The criminal allegations center around a 23 month old girl who was observed with bruises on her left cheek and her right cheek. A doctor at the Yale - New Haven Hospital opined that the bruises were most likely caused by an adult who squeezed the cheeks. Ms. Pearson denies that she harmed the child. She will be entitled to defend herself on these charges through a Connecticut criminal defense lawyer or a public defender. A story reported by Channel 8 News indicated that the 10 year old sister of victim may have witnessed the incident or other incidents involving the Pearson squeezing the infant's cheeks.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, police arrested a convicted sex offender for having child pornography including photographs and images on a computer. Due to the large number of images located (20,000 - Twenty Thousand), it appears unlikely that the images were accidentally downloaded or mistakenly placed on the computers. Of course, the criminal defendant (Charles Heaton - age 60) in this case will be entitled to the services of a public defender or a private criminal defense attorney.

It is a crime to possess, manufacture, or distribute child pornography. The people who buy or download child pornography help drive and promote an industry that serious harms children every day. You can read more about this story at Connecticut Man Arrested for Having Child Pornography on Computer.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut and other states, parents take their children to day care centers with the expectation that their children will be safe. Unfortunately, incidents and accidents happen in day care centers in Connecticut that cause personal injuries to children or put them at risk. In Stamford, Connecticut, it was reported that the driver of a minivan mistakenly crashed her vehicle into the day care center. Apparently, she mistook the gas / acceleration pedal for the brake at the time of the incident. Fortunately, there were no personal injuries reported from this incident. See Minivan Crashes into Day Care Center in Stamford, Connecticut. This is not an isolated event as there have been other incidents or reports of vehicles crashing into day care centers as a result of negligent driving or the negligent driver of another vehicle.

Automobile accidents pose a danger to adults and children. Automobile accidents even pose a danger to children playing inside a day care center. Drive safe especially near schools, day care center, and anywhere else children congregate or play.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother in Cantebury, Connecticut was recently arrested after she left her 11 year old daughter home alone for a week. The child's lack of supervision was discovered after she missed school. The mother initially claimed that she was visiting the State of Florida due to a death in the family but later admitted she was in Florida to see her boyfriend. Most people would probably agree that 11 year old children need supervision and that one week is way too long to leave a child to take care of herself. Others may argue that 11 year olds are mature enough to take care of themselves for this period of time. Fortunately, the 11 year old Connecticut girl did not suffer any personal injuries but one must wonder how the 11 year old feels about having a mother leave her for a week to visit a boyfriend. It was reported that the 11 year old girl went to live with her father in New York following this incident. You can see a video about this story at Police: Connecticut Mother Left Child Alone for a Week.

Of course, the mother will have the right to defend herself in the criminal proceedings through a private criminal attorney or a public defender. This story should be used as an illustration as to the importance of providing children with proper and consistent supervision. The failure to act as a responsible parent can lead to serious consequences.

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

Police departments and law enforcement agencies are using text messaging to help solve crimes. Anderson Software is a company that provides software / technology that allows text messengers to anonymously send in a text message crime tip. The text message goes through a third party computer server, assigned an encrypted alias and then finally forwarded to the police. Many people feel that they will be identified as a snitch when informing the police of important information. By using this technology, some police believe that more people will help police in solving old crimes and preventing new ones from taking place. You can read more about this technology at Text a Crime Tip Programs Assist Police.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut and other States, parents rely on babysitters to watch, supervise, and care for their children. Some babysitters are experienced and very caring while others put their own interests in place of the child's. In Bridgeport, Connecticut, a babysitter was arrested after a baby was treated at a hospital for severe head injuries. Police believe that the babysitter (Keamira Fatal - age 24) banged the baby's head on the floor several times after the 1 year old girl disturbed the babysitter who was watching television. The babysitter reported that the baby was crying and that the babysitter did not quite know how the baby was injured. In a criminal investigation and case of this nature, forensic and medical evidence will play an important part in determining what truly happened to this defenseless child. This is especially true since the victim cannot state what happened to her and there were no witnesses at the time the injuries took place. You can read more about this story at Babysitter Faces Criminal Charges for Severe Personal Injuries to 1 Year Old Girl in Connecticut.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Roman Catholic Diocese in Bridgeport, Connecticut sought to block the release of documents related to a number of sexual abuse / molestation cases previously brought against the church. The documents related to lawsuits that were settled by the church in the past. Newspapers had previously sought to obtain access / release to more than 12000 pages of documents from 23 lawsuits that were filed based on the alleged actions of six priests. The records have been sealed since the cases were settled in 2001. The release of these documents may help publicized prior bad acts of priests and may, in turn, encourage other victims to step forward. You can read more about this story at Supreme Court Denies Church Request to Block Records Release to Newspapers.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Hartford Courant Newspaper website reported that the West Hartford, Connecticut Board of Education was recently sued by the mother of a child who was injured in the school system. The lawsuit alleges that a school employee (special needs paraprofessional) caused injury to a special needs / special education child when she slammed a door on his toe as she was putting him into a closet for disciplinary purposes. The boy's foot was partially in the doorway at the time. As a result thereof, the boy suffered a serious personal injury to his toe.

In many schools throughout the nation, it has been reported that teachers, paraprofessionals, aides, and / or school officials / administrators have used closets and small spaces for disciplinary purposes. This type of punishment is akin to imprisoning the child rather than serving as any constructive disciplinary measure. In many instances, the thought of being locked or pushed into a closet even further aggravates the special needs student. Whether the issue is attention deficit disorder, hyperactivity, behavioral problems, autism, or learning disability, locking up a child in a small and dark area typically is not the best way to discipline the child. Closets should be used to store boxes, school supplies, and brooms . . . Closets should not be used to lock children up in our school systems.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Connecticut Department of Children and Families has a duty to investigate reports and incidents of child abuse, neglect, and mistreatment.

How does the Connecticut Department of Children and Families define "Abuse"?

Abuse is defined as the non-accidental injury to a child that is inflicted or allowed to be inflicted by a person responsible for the child's care.

How does the Connecticut Department of Children and Families define "Neglect"?

Neglect is defined as the failure of the person responsible for the child's care to provide and maintain adequate food, clothing, medical care, supervision, and/or education.

Children are the unfortunate and innocent victims of abuse and / or neglect in day care centers, schools, summer camps, churches, and yes, even their own homes. If you are concerned about injuries or potential injuries of a child, contact the Connecticut Department of Children and Families and / or a qualified Connecticut Child Injury Lawyer / Attorney.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Most people may think that sparklers are harmless. Unfortunately, any object that is ignited can lead to serious burns for children. In Hartford, Connecticut, a 6 year old boy from Waterbur suffered second and third degree burns when his clothing was ignited by a sparkler. The boy was rushed to Hartford Hospital and later transferred to Shriner's Hospital in Boston, Massachusetts for burn treatment. Unfortunately, fireworks related injuries are frequent incidents during July 4th and New Year celebrations. You can read more about this story at 6 Year Old Connecticut Boy Suffers Second and Third Degree Burns from Sparkler that Ignited Clothing.

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 Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 13 year old boy recently died in a bicycle accident at the Plainfield Skateboard Park in Boy, 13, killed in bicycle accident at Plainfield skateboard park in Plainfield, Connecticut. Witnesses informed police that the boy was attempting a move at the top of the ramp when he lost control of his bicycle and hit his head. Unfortunately and tragically, the boy was not wearing a helmet.

A sign at the skateboard park instructed visitors that helmets were required and that bicycles were not allowed. The boy was taken to the William W. Backus Hospital in Norwich, Connecticut where he died.

This incident is truly sad and tragic. It shows the importance of following directions and taking safety precautions.

You can read more about this story at Boy, 13, Killed in Bicycle Accident at Plainfield Skateboard Park.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Masuk of Monroe, CT school bus, carrying its high caliber football team was struck by a pick-up truck that failed to yield the right of way. The collision caused serious injuries to the pick-up’s driver, but the players had no immediate complaints of injuries during on-scene evaluations. It remains to be seen as to whether the players, students at Masuk High School in Monroe, CT will feel the effects of that bus versus truck accident in the days to come, as is often the case in motor vehicle accidents. Many times, hours, days, and even weeks after an accident, the first real signs of injuries can rear their ugly heads. That is why it is critically important to have any child who was in an auto or school bus accident fully evaluated by a doctor or hospital personnel, and to pay attention to their complaints in the days and weeks after. This is true even if the accident seems to have minor damage to the vehicles involved. Cars are designed to absorb these impacts, while the human body is not.

There has been much discussion over the last several years about the lack of seat-belts on school buses. Query whether the costs of re-fitting our buses is outweighed by the added safety to our children riding them. The driver, of course, is always required to wear a seat-belt. Why then, are children left unrestrained?

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Legislators / lawmakers in Connecticut have proposed increasing the minimum age to 18 for someone to handle an assault or machine gun style rifle or weapon. This proposed Connecticut assault weapon legislation is in direct response to the death of an 8 year old boy who shot himself with an Uzi at a gun fair in Westfield, Massachusetts last October w, while his father looked on. You can read about this most tragic story in a prior blog posts at Boy Accidentally Shoots Himself with an Uzi at Westfield, Massachusetts Gun Show - Legal Rights and Responsibilities

Any time that there is gun legislation there is a debate between gun right / 2nd amendment proponents and those who favor restrictions on gun use and ownership. Gun right proponents argue that laws restricting the ownership and use of guns only takes guns out of law abiding citizens. Criminals have possession of guns with or without the laws in place. Others argue that there should be restrictions since this will reduce the injuries and deaths caused by the intentional and accidental shooting incidents.

Gun safety should be paramount to those supervising children around guns. Whether the laws allow the ownership or use of a particular gun by a child, it is still the duty of the parent and caregiver to make sure that all safety precautions are followed when children are using or near guns.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Derby, Connecticut, an 11 year old boy had just received his first new bicycle for Christmas. It was a BMX style bicycle, with grinding bars and front handle bars that could spin completely around, allowing for all sorts of cool tricks. A special brake mechanism allowed the handle bars to spin completely around so that riders could perform “extreme” tricks while the front wheel is off the ground, such as a “bar spin.” Unfortunately, when the bicycle was assembled at the store that sold it to the boy’s mom, the brake cables were not properly attached to the discs above the wheel and below the handle bars. A few days of riding and the boy was ready to try some jumps with his friends. On his first jump, he flew only a short distance, but when he tried to stop the bicycle with the front brakes, nothing happened! The fence that loomed just ahead was too close for him to avoid, and he struck it head on. On impact, the boy’s body moved forward off his seat, striking the base of the handle bars, where the brake discs, hard steel plates, were located. This impact caused serious personal injuries: a severe laceration of the boy’s penis and scrotum, requiring immediate hospitalization, surgery and anti-biotics. A lawsuit was filed against the manufacturer, the toy store and the company that assembled the bicycle for the store.

When buying any children’s toy, it is important to know how it is to be properly used. Just as important, you should always check to ensure for yourself that the bicycle is working properly before allowing a child to ride it. And remember, child bicycle helmets are not only a good idea, in many states, they are a requirement. Connecticut Law requires that children 15 and under must wear an approved bicycle helmet whenever they ride.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

Richard Blumenthal, Attorney General for the State of Connecticut, headed up a campaign to remove sex offers and child predators from My Space, a popular social networking site used by children, young adults, and adults. Blumenthal was shocked and dismayed by the number of offenders who got on the site and registered profiles. Blumenthal commented that the numbers were "appalling and unacceptable".

In response to pressure by Blumenthal and others, My Space removed 90,000 sex offenders from the website.

The internet and cyberspace are the new favorite hang outs for sex offenders and child predators. Parents can lock the doors and install alarms. Unfortunately, there are opportunities created through the computer. Allowing child predators and sex offenders on a website with thousands and thousands of children is like hiring a child predator to teach at an elementary school.

It is vital that My Space, Facebook, and other social networking web sites take the initiative to police its sites and remove offenders and predators from the site. Taking away opportunities from child predators and sex offenders will help reduce the number of child victims. You can read more about this story at My Space Kicks Out 90,000 Sex Offenders According to Connecticut Attorney General.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge's ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.

Whether your child is injured in Connecticut or any other State, it makes sense to consult with an attorney as to liability or responsibility for the child's injuries when the injuries were caused by the negligence of a person or business. Florida is another State where the Supreme Court has invalidated liability releases of this nature. The rulings of the highest courts in both Connecticut and Florida make sense since the rulings favor the best interests of the child and safety over protecting a business or person from negligent action or inactions leading to personal injuries of death. You can read more about the Connecticut snow tubing ruling at Connecticut Supreme Court Strikes Down Liability Waivers as Against Public Policy.

By Jeremy Vishno, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Thousands of children are abused and neglected every year in the State of Connecticut. The United States Department of Health and Human Services, Administration on Children, Youth and Families, Children's Bureau reported that 13,285 incidents of child abuse took place in 2004. You can read more about these statistics and more at Connecticut Child Abuse and Neglect - Solutions to Save Lives and Prevent Crimes This figure represents the official number of incidents. Child abuse experts suggest that the actual number of abused and neglected children may actually be 3 times higher than this figure.

Tragically, children are abused and neglected in and outside of the home. The abuse and neglect can be physical and / or psychological in nature. Day care centers and child care centers are often times overloaded with children and lack competent and caring staff members to handle the special needs of young children. Many toddlers and infants cannot use their voices to report abuse and neglect and are often the silent victims of unreported or unseen incidents of abuse and neglect. It is important for families, extended families, teachers, friends, and others in contact with children to be aware of unexplained injuries, fractures, lacerations, eye injuries, facial injuries, bruises, and welts that appear to be suspicious in nature. Children, whether they are under the care of a parent, neighbor, friend, family member, or day care / child care center, are entitled to be cared for in a safe and decent living environment. If there is a suspicion of abuse or neglect, the Connecticut Department of Children and Families should be contacted. In addition, it may be helpful to consult with a Connecticut child injury attorney to discuss your the rights of the abused and neglected Connecticut child.