Child Injury Lawyer Blog

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

Although school has been out for only one month, there have been two, fatal drownings at local apartment complexes in Lawrenceville, Georgia. One victim, was a unidentified 4-year-old girl who drowned on Father's Day. The girl was pulled from the Durant at Sugarloaf Apartments' pool during the holiday evening. Firefighters were unable to resuscitate the child despite performing CPR on the way to the hospital. The other victim, a 7-year-old child, was found unconscious in the Amli McGinnis Ferry apartment complex pool. In 2006, the fire department responded to 28 near-drowning incidents.

Here are safety tips you and your family should take if you plan on doing water activites:

Swimming Pools
- Know where your child is at at all times.
- If you own a pool and your child is missing, check the pool first then search other areas.
- Surround your pool with a security fence.
- Never leave toys in or around pools that will attract children.
- Avoid using alcohol prior to or during swimming activities.
- Do not depend on floaties and rafts as life-saving equipment.

Water Parks
- Stay with your group or use the buddy system.
- Always slide face up and feet first.
- Follow all rules on posted signs and directions given by lifeguards.

Beach or Lake
- Watch out for drop offs and rip currents.
- Avoid rock formations and embankments.
- Wear protective footwear.
- Always use the buddy system.
- Swim only in areas where a lifeguard is on duty.

For more safety tips see Water Safety Tips.

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

A 21-month-old girl was in critical condition on Friday, May 21 after being trapped in a rolled-up car window. However, she is expected to make a full recovery. The toddler’s Mother apparently left the girl and her 3-year-old brother alone in the vehicle while she went into a home. A neighbor observed that the the toddler was trapped and immediately performed CPR on her. It is uncertain how long these two minors were left unattended in the vehicle. The incident remains under investigation.

Children of this age should never be left unattended in a vehicle even for a short period of time due to the dangers. Unattended children in cars are susceptible to many dangerous risks. Among them being suffocation, being subjected to heat exposure, being locked inside the vehicle, kidnapping and in the instant case bodily harm from the vehicle itself. Leaving a child unattended in a vehicle can subject the parent, caregiver, day care provider, or other "responsible" person to charges of
child neglect and/or child injury. If a child has been injured as a result of child abuse or neglect, the parent or guardian may be able to take civil action or legal action against the person / facility who caused the injuries. A child injury lawyer can review the facts and circumstances to determine the appropriate legal cause of action on behalf of the child.

Not only are parents responsible for protecting children from bodily harm or injury, but daycare providers, babysitters, teachers and the like have a heightened responsibility to do so as well. It is imperative to be aware of any incidents of child abuse or neglect because the consequences of such actions are severe and the people engaging in such conduct could be held accountable through a claim or civil action. Furthermore, in some cases, criminal charges are pursued against the negligent child care provider.
If you would like to read more about this incident please see Unattended Toddler Trapped in Car Window, Left in Critical Condition.

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

In Savannah, Georgia, a 3 year old girl suffered personal injuries as a result of a knife that was thrown by a Garden City, Georgia woman who threw the knife during a fight over the purchase or selection of the wrong brand of beer. Throwing knives, shooting guns, and other dangerous activities can lead to serious personal injuries of children. It can also get a person arrested for assault, battery, neglect of a child, and other criminal charges.

It is important for parents and other adults to recognize that children are at risk any time that there is violent activities. Keep the children out of it and think about their safety first over everything else. You can read about the unfortunate stabbing of a 3 year old girl in Savannah at Three Year Old Stabbed in Beer Dispute.

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

In Atlanta and other busy cities, driver should exercise caution especially when driving through or near crosswalks that children use. WSB Radio reported that a child was hit in a crosswalk by a driver who ran a red light and then kept on driving. Tragically, the driver kept on driving and dragged the 8 year old boy another 100 to 150 feet as the driver fled the scene of the pedestrian / automobile accident. The driver was reported to be Cynthia Parham who was arrested later on various traffic related charges. Ms. Parham will be entitled to defend herself against these traffic / criminal charged through an Atlanta criminal defense attorney or the services or the local public defender's office.

Crosswalks are in place for a purpose. They are in place for adults and children to use with the purpose of safe passage across the roadway. Traffic devices like red lights and stop signs should be obeyed. When drivers ignore traffic signals, traffic devices, and the presence of pedestrians especially children, serious and tragic personal injuries can result. You can read more about this story at 8 Year Old Child Hit and Driver Charged in Atlanta, Georgia.

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

In Georgia and other States, adults and children enjoy riding ATVs (All Terrain Vehicles). ATV riding can be quite dangerous as well. It is important for adults and children riding ATVs to follow safety precautions by wearing helmets, knowing the terrain where the riding is taking place, and by traveling at a safe speed.

In Cleveland, Georgia, it was reported by the Atlanta Journal Constitution Newspaper website that a man died as a result of an ATV accident. It was reported that the man and the ATV went off a 25 foot embankment.

Just because a person is operating an ATV off the road does not make it safe. Of course, it is safer than riding an ATV on or near traffic. However, accidents can still happen on and off dirt roads and other off road areas.

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

In Georgia, a 21 month old child died as a result of being left unattended in a parked van while the mother was working at an elementary school. The incident happened at
Samuel E. Hubbard Elementary School in Forsyth, Georgia. The mother, India Chatmon (age 23) had left the child in the van as she was working in the school. Once it was discovered the the child was left in the van, the child was rushed to a local emergency room - Monroe County Emergency Room. Unfortunately, medical intervention could not save this child.

This is a sad and tragic story. It is also one in which the child's death could have been prevented assuming that an autopsy confirms that the child died from hyperthermia or other causes related to being left unattended and unsupervised in the van. You can read more about this story at Georgia Child Dies After Being Left Unattended in a Vehicle.

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

In Georgia and other States, day care center and child care center providers have a duty to supervise children enrolled in the program. If there is a field trip or off site activity, it is important for day care center operators to make sure that all children are supervised at the activity and that all children are properly transported or brought back to the facility. In many instances, a simple checklist or attendance sheet can be be used to make sure each and every child is present and accounted for. In some instances, children are lost or forgotten about because there is no checklist in place or because the checklist is not used. Leaving a child behind can lead to a variety of problems and dangers for a small child. In Augusta, Georgia, a 2 year old child under the care of Amandable’s Angel’s Childcare Center, her 2 year old daughter Mackenzie, Turns out he did know something. Investigators say when the daycare workers left behind at a park. When the day care center first became aware that the child was missing, the staff did not know where she was. It took the help of the child's 4 year old brother to let everyone know that the missing child may have been left behind at Elliot Park. The child was later found, but that is not the end of the story. The three day care workers involved were charged with the crime of deprivation of a minor. Of course, the day care workers will have the right to defend themselves in the criminal proceedings. Regardless of the outcome of the criminal case, day care centers should take stories like this heart and use a checklist consistently so that each and every child is accounted for and that NO CHILD IS LEFT BEHIND. You can read more about this story at Augusta, Georgia Police Report that Child Was Left Behind by Day Care Center at Local Park.

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

In Georgia as well as other States, day care centers have a duty to provide children with a safe and secure learning environment. Day care centers should serve and look out for the best interests of children. Unfortunately, many day care centers in Georgia fall short. A study conducted by a private company through the State Department of Early Care and Learning indicated that two thirds of the day care centers in Georgia offered care that was low in quality to infants and toddlers. This is a staggering statistic and an indication of a true problem in Georgia. Often, a low quality day care center fails to have appropriate safety and supervision measures in place. As a result thereof, children then suffer serious personal injuries at a day care center. The needs of the the children in day care centers have to be paramount over everything else. You can read more about his story at Study Indicates Problems with Georgia Day Care Centers.

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

Most school buses are readily definable. They are yellow with big bold letters - SCHOOL BUS. Despite the bright color and large lettering, many drivers still tend to ignore school buses when they stop and zip by them. In Cobb County, Georgia, the school district has installed cameras on school buses. If you zip by a school bus in Cobb County and violate traffic laws, you could get caught and could be fined. The fact that you could get a big fine is a deterrent. A bigger deterrent to drivers should be the fact that violating traffic laws near school buses puts children at risk in Cobb County, Georgia and other parts of the United States. Slow down and stop when required near school buses. Tragically, children die every year at school bus stops and crossings every year. Taking a few extra seconds or minutes to get to where you are going can help save a child from serious personal injuries and death. You can read more about the cameras installed on Cobb County, Georgia School Buses at Pass a Georgia School Bus? A Camera May Catch You.

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

In Fulton County, Georgia, a man pleaded guilty to charges that he pimped out two teenage girls for sex. Jonathan Terry, age 27, was accused of pimping and raping a 14 year old girl from Sandy Springs, Georgia. The Judge sentenced Mr. Terry to 20 years of prison. Mr. Terry will now be registered as a sex offender. The victims reported Mr. Terry's criminal acts to the police in May 2009.

Mr. Terry manipulated these girls and subjected them to abuse, neglect and exploitation. A long prison term is fitting for a person who commits these crimes. You can read more about this story at Man Sentenced to 20 Year Prison Term for Pimping Out Teen Girls.

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

In Albany, Georgia, and other areas, violence, especially gun violence, can pose a threat and danger to young children. Day care centers are supposed to be havens of safety and education. Unfortunately, incidents take place that result in a disruption of this safety for children. In Albany, Georgia, gun shots went into the wall of a home day care center where 7 children were sleeping. No personal injuries were reported but it is frightening to know that violence can come so close to innocent children. You can read more about this story at Gun Shots - Day Care Center - Albany, Georgia.

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

A teenage boy from Atlanta, Georgia recently broke up with his girlfriend by sending her, her mother, and her sisters nude images of himself via cell phone text message. According to Cecily Hill, the Republican State Representative for Kingsland, Georgia, the boy could not be charged with any specific crime; that has led Kingsland to introduce legislation that would make so-called “sexting” – sending nude images over cell phone text messaging systems – illegal. It represents an update to a current law that prohibits transmitting obscene images of minors on floppy disks, CDs, or computer bulletin boards.

The Georgia Bureau of Investigation supports the bill, but spokesperson John Bankhead said that care must be taken in writing the bill so that children sending images to other children without the intent to engage in child pornography or without appreciation of the consequences would not be permanently labeled as sex offenders.

The Georgia House is also considering legislation that would broaden the definition of rape; the current law only includes females and children under the age of ten years old. Proponents say that the current law leaves young boys who are targeted by sexual predators out in the cold.

Both bills, if they pass, promise to make it clearer what is acceptable behavior and what is not when it comes to sexual content or sexual activity involving minors.

Find out more about this story at Camden's Hill lodges bill to make 'sexting' illegal.

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

The Atlanta Journal Constitution newspaper website reported that a baby boy died while under the care of a babysitter. It appears that the baby was being cared for in an unlicensed day care center in the sitter's home. The mother and this unlicensed child care provider met through the popular website - Craigslist. While Craigslist is a wonderful tool used by millions of people, the website really does not provide for any background searches or quality assurance checks regarding day care providers or day care centers. Parents and guardians should check with local and state day care licensing authorities before entrusting the care of a child in a "day care center". You can read more about this story at Baby Dies in Sitter's Care in Unlicensed Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A new study done by the University of North Carolina at Chapel Hill and partially funded by the National Institute of Child Health and Human Development, has quantified the extra financial burden carried by low-income families with a special needs child. The study was designed to look at cash outlay for special medical services based on the state in which the affected family lives. The study found that the financial burden varies significantly from state to state.

The most impacted families are low-income families in Georgia, who spend an average of an extra $971.22 in out of pocket expenses for a child requiring special medical care. Massachusetts had the lowest out of pocket expenses at $561.97. Florida was number forty six with $855.19.

The study also looked at the percentage of affected families paying for extra care out of pocket; Mississippi had the highest percentage, with 94% of families with a special needs child paying extra expenses for their care. Michigan had the lowest percentage at 86%. Not surprisingly, states with more substantial Medicaid and State Children’s Health Insurance Programs place the least financial strain on families. Read more about the study and see the full list of extra payments by state at Special-needs families hit hard by out-of-pocket health care costs.

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

Toys can and do cause eye injuries every year. During the holiday season, a Christmas Story has become a classic. It is a movie about a boy named Ralphie who has a wish to get a special BB gun for Christmas. He wish comes true and he goes into the back yard to shot the gun. Sure enough, when he finally gets to use his gun, he suffers a minor eye injury. It was scary for Ralphie. He cried and ran to his mother. While the movie, The Christmas Story, is a warm hearted comedy, there is a serious problem and danger with toy related eye injuries. The Georgia Optometric Association posted a helpful article at the The Daily Citizen (Northwest Georgia) Website. Parents, child care providers, and teachers should use their best efforts to prevent eye injuries from occurring. In doing so, dangerous toys should be removed and close supervision should be provided to make sure that accidental injuries do not otherwise take place from common items like pencils, pens, sticks, sharp objects, and other items or toys.

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

In Georgia and other States, the legal drinking age is 21 years old. Many child safety advocates are in favor of such age restrictions. Teenagers and young adults lack good judgment when it comes to the safe consumption of alcohol. This is especially true when teens and children drink and drive. The Atlanta Journal Constitution reported that a 19 year old was found dead in his basement. It is suspected that the death may have been alcohol related. Tragically, this 19 year old is one of many children, teens, and young adults who die or suffer seriously personal injuries. Alcohol related poisoning is a real danger. Education, common sense, and parental supervision can go a long way to help reduce or limit the number of alcohol related poisoning incidents in Georgia and Other States.

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

In Georgia and other States, parents, child care givers, and day care workers should be very careful about supervising children in and near kitchens and dining areas. While boiling water can be very common in cooking items, pots of boiling water can be very dangerous to children. Small children often lack safety awareness and do not understand the real dangers of scolding hot water. The Atlanta Journal Constitution recently reported that a 10 year old Gwinnett County child suffered burn injuries from a pot of hot water from a stove. The child was treated at Grady Hospital. This story shows the dangers of hot water and the importance of safety precautions and parental supervision around hot water. You can read more about this story at Child Burned by Water on Stove in Gwinnett County, Georgia.

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

Gwinnett County Police reported an accident involving a death of a teen and personal injuries to two other teens. Tristan Sadler (Age 18) lost control of a 1989 Volvo while driving in a curve. The vehicle hit a drainage ditch and then overturned. Tristan was ejected. It was reported that Tristan was not wearing a seat belt.

Two other teens (Vernon Thomas and Ashtyn Roper) were treated at Gwinnett Medical Center. Tragically, Tristan died as a result of accident related personal injuries.

Parents often times buy Volvos for their children since Volvos are often times rated high in crash testing. Despite the safety records of Volvos and other vehicles, deaths still occur in these vehicles as well as other so called high rated vehicles. This story shows how the life of a teen can end so quickly when behind of the wheel of a vehicle. The death of Tristan Sadler is certainly a great loss for his family, friends, and his community. You can read more about this story at Teen Killed in Gwinnett Automobile Accident.

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

The State of Georgia Department of Early Care and Learning is the state agency responsible for supervising and licensing child care and day care centers in Georgia. Child safety advocates and educators recommend that more strict training and education requirements be put in place for administrators and lead teachers in day care centers. By enacting and enforcing such regulations, day care providers and lead teachers will be required to go through training and education which, in turn, will make them more informed and knowledgeable about their responsibilities as child care providers. It is vital that children, especially toddlers and infants, are cared for in an environment that is clean and supervised by alert, knowledgeable and educated staff members. You can read more about the potential changes in Georgia's child care laws at Georgia Day Care Providers May Be Subject to Stricter Training Requirements.