Child Injury Lawyer Blog

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.

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

Four year old Nathaniel Stafford is in critical condition after being attacked by a Labrador / Pit Bull mix. According to the boyfriend of the victim’s mother, Brian Caron, the attack was so vicious that it nearly killed the boy. The dog reportedly tore into the child’s head, tearing his ears off and lacerating his throat – only narrowly missing Nathaniel’s jugular vein. Caron and his girlfriend were watching the dog, named Chaos, for friends while they were out of town. They had the dog tied up at the edge of their property, but it managed to break free. The dog’s owner, Thomas Chastain, has agreed to have the dog put down. In the meantime, Nathaniel’s face and ears have been stitched back together, but he may have to wait up to ten days for a skin graft to cover his damaged scalp.

This story is quite horrific. This child has been scarred for life and only time will tell how the injuries will affect him as he grows up.

Dogs are unpredictable animals. As such, parents should be extremely careful when taking on the obligation of watching or caring for a pet.

Read more about this vicious dog attack at Child Mauled By Dog in Conyers Georgia.

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

In Georgia and other States, children and teens play with pellet guns. Many children and parents for that matter do not realize that a pellet gun injury can actually be deadly. In Waycross, Georgia, 11 year old - Mitchell "D.J." Maxwell, Jr. recently died from pellet gun related injuries. It was reported in the Florida Times Union that D.J. was at a friend's sleep over party when the incident took place. Injuries and deaths like these raise many questions for the police to investigate. These issues can be taken into consideration as part of a criminal investigation by the police. These issues can also be considered by the family of the victim if a civil case is pursued for the death of the child.

What time did the incident take place?
Who was the owner of the gun?
What parental or adult supervision (if any) were in place at the time of the incident?
What safety precautions (if any) were in place prior to and at the time of the incident?
Who fired the gun?
Who witnessed the incident?

The death of this 11 year old boy is certainly tragic for the family, friends, and community. Hopefully, others will take notice of this incident and understand that pellet guns can be quite dangerous and deadly weapons.

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

School bus drivers and teachers have a duty to provide for the education and safety of children. When a person takes a job of such importance and responsibility, it is vital that the person is mature, ethical, and has common sense. The purpose of these supervisory jobs is to watch or care for children not date them. In various States including Georgia, there have been reports of teachers and other school employees have inappropriate relationships / sexual relationships with students. In Georgia, the age of consent for sexual intercourse is 16 years old; however, there are exceptions to the law if an adult has a supervisory position like a teacher or bus driver over the student. In Union County, Georgia, Jacqueline Connally, age 22, was recently arrested for having an alleged inappropriate relationship with a student according to a story posted in the Atlanta Journal Constitution Newspaper website. At the time of the incident(s), the student was 16 years old. Another student had reported the relationship to authorities. The news story did not report what evidence other than this testimony would be presented to support the charges. In other cases throughout the nation, valuable evidence was presented after obtaining records from mobile phones an Internet Service Providers as well as from sites like Facebook. There are often times an electronic trail of evidence to support these crimes / inappropriate relationships. Teachers and other school district employees should focus on their jobs and date or avoid inappropriate relationships or the appearance of inappropriate relationships with students.

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

Bob Dallas is the DIrector of State of Georgia - Governor's Office of Highway Safety. Director Dallas recently wrote a letter / statement that was published at the Florida (Jacksonville) Times Union Website. Director Dallas pointed out that "Americans are driven to distraction." There are a number of causes of driver distraction these days including misbehaving kids, billboards, mobile phones, text messages, radio, video, and many other causes. Among the many causes of driver's distraction, texting may be the biggest and dangerous problem these days. Texting requires that the driver keep his or her eyes on the mobile device screen rather than the road. A very interesting or engaging text message can turn into a tragic and fatal automobile accident. Text messages can wait and should wait for a safe time to read and respond to the text message. You can read more about the comments of Director Dallas at Driver Distraction Dangers.

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

The Georgia Supreme Court has found an Atlanta City Ordinance that prohibits erotic dancers between the ages of 18 and 21 from entering the premises of adult entertainment establishments unconstitutional. The plaintiffs in this lawsuit were young dancers between the ages of 18 and 21 who challenged the constitutionality of the statute. The dancers wanted to work as strippers at a long time Atlanta establishment, the Cheetah Lounge. Under the Atlanta ordinance, however, they could not enter the premises.

The Georgia Supreme Court found that the city ordinance was pre-empted by state statutes which allow young people between the ages of 18 and 21 to work in jobs which require them to serve alcohol. By analogy, apparently, young people between the ages of 18 and 21 should also be allowed to work as strippers in adult entertainment establishments.

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

Lacrosse is a sport that increases with popularity each year. Due to the contact nature of the sport, there have been a number of reported injuries to children and young adults every year resulting from Lacrosse. David Marshall, M.D. recently posted an article about child injuries and Lacrosse. Dr. Marshall is the Medical Director of the Sports Medicine Program for Children's Healthcare of Atlanta. He also serves as Clinical Assistant Professor at Emory University School of Medicine in Atlanta Georgia. Dr. Marshall noted that approximately 300,000 children play Lacrosse and it is one of the fastest growing sports in the United States for boys and girls. The type of protective gear typically used by boys is different than that for girls. Many girl clubs and teams do not wear helmets or the protective gear when body checking is not permitted. Due to the potential contact and injuries that may be inadvertently caused by the Lacrosse stick and ball, some safety advocates may argue that it is better to have all available safety equipment in use even if the risks of injury is low when body checking is not permitted. Reported injuries from Lacrosse include abrasions, contusions, muscle and tendon strains, shin splints, fractures, and facial injuries. Parents should speak to coaches and club administrators about safety precautions in place and gear used for Lacrosse practices and games. You can read more about Dr. Marshall's article at Lacrosse and Common Injuries from the Game.

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

A Clayton County, Georgia jury found a mother guilty on October 1, 2009 of eight criminal charges, including cruelty to children and contributing to the deprivation of a minor for starving her twin infant sons. The mother and the boys’ father were high on Methadone and other prescription drugs as well as alcohol and were not able to care for the babies. Relatives of the babies intervened—except for the maternal grandmother, a former special education official, who failed to report the child abuse. The grandmother will be tried on criminal charges later this month.

By the time authorities intervened, the 13 month old babies were severely malnourished. The mother blamed her sons’ pediatrician, claiming that the doctor did not tell her what and when to feed the babies. Apparently, the mother believed that it was appropriate childcare to go for literally days without feeding the infants.

The boys now live with their paternal grandmother and aunt. According to the paternal grandmother, the boys are developmentally delayed and suffered brain damage as a result of the abuse.

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

The Atlanta Journal Constitution Newspaper website reported that a Jonesboro, Georgia day care worker has been charged with the crime of child cruelty. Ashley Beck, a day care worker in her early 20s, worked at A Learn & Play Academy Day Care. There was a report that Ashley had injured a 2 year old child under her care. No details were reported as to the cause or mechanism of injury. As part of the criminal investigation and / or civil investigation by a Child Injury Lawyer, it would be important to know the following:

What injuries were caused to the child?

Were there any witnesses to the incident or incidents?

Did Ashley Beck make any statements regarding the incident?

Did the day care facility have video equipment or photographic equipment that documented the incidents or injuries?

How long had Ashley Beck been employed at A Learn & Play Academy?

What training and experience did Ashley Beck have in working with children?

Parents in Georgia and other States rely on day care centers and child care workers to provide for the health, safety and well being of their children. It is unfortunate and tragic in many instances that children are injured by the negligent and intentional acts of those charged with the responsibility of supervising and caring for children.

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

The Georgia Department of Early Care and Learning is the agency responsible investigating and fining day care centers in Georgia. This agency is investigating an incident involving a child in the day care program at A Child's World, Hephzibah, Georgia. DJ Murray, age 6, was left on a day care school bus after being transported to the day care center. He apparently fell alseep while on the ride to the day care center.

Day care centers in Georgia and other States have been cited for leaving children unattended in vehicles. While DJ was not injured on the bus and did not suffer from the affects of either hypothermia or hyperthermia, the day care center still violated its duty to provide for a safe, secure, and well supervised environment for DJ and other children. You can read more about the situation Georgia Day Care Center - Child Left on a School Bus.

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

A DeKalb County, Georgia teacher has been arrested for fondling a student. Charles Thomas McClendon, a teacher at Stone Mountain (Georgia) Middle School was observed by a police officer in a car with a 15 year old girl. Police believe he was about to have sex with the 15 year old. It appears the act of throwing a condom out of the car was a tip or piece of evidence for the the police. Mr. McClendon is being held in the Clayton County (Georgia) county jail. Mr. McClendon was seen in the back seat area of a pick up truck at 2:30 a.m. in the parking lot of a restaurant. It is amazing that school teachers, who go through training and higher education, risks their careers and engage in activity that is harmful and abusive of children. Even if the 15 year old was a willing participant, it does not excuse the teacher's conduct or the fact that he committed a crime. Teachers are in the community serve as role models and mentors not to date, molest, or fondle children or teens. You can read more about this story at DeKalb County (Georgia) Teacher Arrested for Fondling a 15 Year Old Girl.

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

In Georgia, investigators have determined that the shooting death of a 12 year old boy (Jaquane Butler) was accidental. Jaquane was playing with a 14 year old friend in East Point when Jaquane was accidentally shot by a 12 gauge shotgun. Jaquane attended school at Woodland Middle School. He had dreams for a future that were ended by a single gun shot. This tragedy shows the importance of locking of guns and keep them away from teenagers. No criminal charges are anticipated in light of the police investigation. You can read more about this story at Georgia Teen Accidentally Shot by Friend.

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

In a bizarre twist on leaving children in cars, a 12 year old boy has been charged with felony murder and cruelty to children in the death of his five week old cousin. The baby was left in a car by the mother at a store in Cobb County, Georgia. The 12 year old boy was apparently left in the car to watch the baby. When the mother came out, the baby was not breathing. The baby was taken to the hospital but died the following day.

An autopsy of the baby showed that the baby died of blunt force trauma to the head. The 12 year old boy, who resides in Tampa, Florida, was being held in the Cobb County Juvenile Detention Center. Investigators had no plans to charge the mother of the baby.