Child Injury Lawyer Blog

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A minivan carrying six passengers recently blew a tire while travelling on the Dan Ryan Expressway in Chicago, Illinois. The minivan spun out of control and slammed into a semi truck trailer. A nine year old girl, a thirteen year old boy, and an adult were ejected from the minivan when it crashed. None of the three were wearing a seatbelt. All three were taken to the hospital and are in critical condition.

The other passengers, two adults and a third child, were wearing seatbelts and were not ejected from the vehicle on impact. The third child was taken to the hospital as well; her condition was not released. According to Chicago police, no citations have been issued in the accident yet.

Many people feel that laws about seat belt use in cars infringe on their personal freedom, but safety belts save lives. Child seat belt and child safety seat laws exist to protect children when they are travelling in automobiles. As a driver, you are responsible to know the laws in your state for securing children, and to ensure that they are properly belted in or in a properly secured child safety seat before getting behind the wheel. Laws also exist that spell out what responsibilities adults have in regard to their own safety belts. These laws need to be followed as well.

Read more about this unfortunate accident that injured three children at 2 children, 1 adult hurt after ejection from spun-out minivan.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Legislators in the State of Illinois are attempting to make the roads a little safer in Illinois by passing a ban on texting while driving law. It is not against Illinois law to drive while texting, checking e mail, updating Facebook, or otherwise surfing the Internet on handheld devices, mobile phones, and computers. There have been a great number of accidents attributed to distracted driving caused by these activities. The new laws make sense and should discourage many drivers from engaging in such acts. Of course, there have been driving while intoxicated or driving under the influence laws in effect for years; yet, people still drink and drive. Tragically, personal injuries continue to occur as a result of drinking and driving. While the new Illinois law will not completely eradicate texting while driving and other dangerous acts while driving, the new laws should reduce the incidents of such acts. The law should be a deterrent to drivers in the State of Illinois especially if the law is properly enforced. You can read more these new Illinois laws at Texting Ban While Driving - One of Many New Illinois Laws.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An Illinois Court of Appeals recently upheld the right of an Autistic child, Carter Kalbfleisch, to bring his service dog to school. The court upheld an earlier ruling by the Monroe County Court that allowed the child to bring his autism service dog, named Corbin, to school with him. The Monroe County Court decision had been appealed by the Columbia School District. The School District argued that the dog would be disruptive and that some of the other students might be allergic to it.

After the initial ruling, the School District declared that it could not meet Carter’s educational needs, and sent him to school at the Illinois Center for Autism. The School District agreed to pay for his schooling at the center, but refused to pay for transportation for Carter and Corbin to and from school. The family is hopeful that Carter and Corbin will be allowed to return to school together. The School District still has the option to appeal the decision to the Illinois supreme court. You can read more about Carter’s fight to stay in school with his Autism service dog at Autistic student’s right to service dog upheld.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman, Ebere Ozonwu, was rushing to make her train in Chicago this week when she unintentionally put her own child in danger. According to witnesses, the woman had started pushing her child, who was in a stroller, into the train car when the doors closed on it and the train started moving. The woman and other horrified onlookers watched as the stroller slammed against the wall of the tunnel it was entering and the child was thrown out onto the tracks. The little girl was hospitalized but has been released.

Safety features on the train doors should have prevented it from closing when the stroller was in the doorway. The Chicago Transit Authority (CTA) and the Chicago police are investigating the accident, and so far they have found no problems with the train’s safety features. The train’s driver, who continued to make five more stops before realizing what had happened, has been taken off duty. The train has been taken out of service until the incident can be investigated further.

While it is still not clear what happened in this case, it is clear that people need to use caution and common sense when they are around trains and other potentially dangerous objects.

You can read more about this accident and the good Samaritans who helped save the baby at Toddler thrown onto CTA tracks in accident.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Dolton, Illinois a special needs child was assaulted by a police officer, at a school. The police officer's actions and abuse were captured on videotape. Apparently the police officer became upset when the special needs child, Marshawn Pitts,15, had his shirt untucked. The fact that this child's shirt was untucked became the reason for this inexcusable assault on a brain damaged child is beyond comprehension.

Both public and private schools should be safe havens for children. This is especially true for young children as well as special needs children. It is important for a child to know that school is a place for learning and nurturing rather than a place for violence, assault, battery or attack.

The police officer ulitmately resigned over this incident. There was a videotape of the assault of this special needs child. Unfortunately, many personal injuries and attacks on children in the Illinois school system are not addressed by the action of removing the attacker from the school. Furthermore, many attacks go unnoticed and are not videotaped. As such, there are a great number of other attacks on school-aged children that school officials, parents, teachers, law enforcement and the community do not learn about.

You can read more about this story at Special Needs Child: An Unfortunate Victim of School Violence at the Hands of a Police Officer.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, it is vital that day care owners provide for the safety and well being of the children. Day care centers have a duty to remove hazards from the facility. In Chicago, a day care center was recently shut down. Police officials determined that the day care center was a site for dog fighting. Obviously, the day care operators or employees put profit and sport over any concerns for the safety of the children in the day care center. It is truly amazing and frightening that people would conduct a dog fighting ring / operation in the same location as a day care center. Investigators, who raided the location of the day care center, found battered, injured, and malnourished dogs as well as blood stains on the carpet right near where children were being cared for. At the time of the raid, there were 10 children in the day care center. A spokesman, with the Illinois Department of Children and Family Services, reported that the day care center was shut down. You can read more about this story at Chicago, Illinois Day Care Center Shut Down Due to Safety Concerns / Dog Fighting Ring.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When a child or adult is injured or dies as a result of a drowning incident in Illinois, does the facility have a duty to prepare and submit an Incident Report? The simple answer is yes. Pursuant to Title 77, Chapter 1 Department of Public Health, Subchapter N - Recreational Facilities - Part 820 Illinois Swimming Pool and Bathing Beach Code - Section 820.315 Notification, all drownings and injuries or illnesses that require hospitalization must be reported to the Department of Public Health within 24 hours of the incident on a form known as the Drowning and Injury Report. Completion and submission of the report helps the Department of Health monitor and review drowning incidents that take place in swimming pools and beach areas. There have been many reported drowning incidents in Illinois and around the United States this summer. It is unfortunate that drowning injuries and deaths continue to take place especially since many incidents are preventable through better supervision, safety precautions, and better judgment on the part of parents, children, caregivers, supervisors, and lifeguards.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic automobile accident took place in Wadsworth, Illinois. A 24 year old mother (Nicole Polk) was driving with her two children, ages 1 and 2, on Interstate 94. Police reported that Ms. Polk crossed into the northbound traffic and caused a crash with another vehicle. Ms. Polk and her one year old child died as a result of automobile accident related personal injuries. Alcohol was found in Ms. Polk's vehicle. A full homicide investigation will be conducted to determine if alcohol and other factors were the cause of this tragedy. You can read about this story at Wisconsin Mother and Infant Die in Illinois Automobile Accident.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, the negligent acts of day care center employees and owners frequently lead to an innocent child being injured. When a child is injured, there are medical bills and related expenses. There are also damages related to the mental and physical pain and suffering of the child. When a child is injured as a result of negligence, neglect, abuse, or neglect in a day care center, parents can pursue a personal injury claim, case or lawsuit. In matters of this nature, liability insurance can be pursued for these damages. Unfortunately, liability insurance companies and their adjusters frequently delay or fail to pay a fair settlement on a case. The injured child and his or her parents deserve their own representation by a child injury lawyer / attorney in cases of this nature. It is vital that the child is compensated for his or her injuries that in many cases do last a life time.

Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has a duty to maintain liability insurance coverage in the amount of $300,000 per occurrence. This is a specific requirement pursuant to the Illinois Administrative Code. While it is a requirement, not all day care centers comply with this very important standard.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are frequently injured at a day care center. Some incidents are mere accidents that could not be avoided even in the best of circumstances. Other injuries result from negligence, negligent supervision, improper maintenance, abuse, neglect, and, yes, from intentional acts of other children or employees of the day care center. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has duty to report and document injuries or illnesses that take place at the day care center. In particular, any accident or injury requiring professional medical care, death or other emergency services shall be documented in the child's record and verbally reported to the child's guardian or parent. In addition, these incidents or observations shall be reported to the appropriate local licensing office of the Department of Children & Family Services. The day care center must notify the Department in writing within 2 days of the incident.

Documentation and reporting are vital so that parents are duly notified of these incidents and illnesses. Furthermore, it is important for the Department to be notified so that the Department can step in when a matter is serious or when there are numerous occurrences at one facility.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, day care centers have the duty to properly supervise and protect children while in the facility, while outside the facility, and while transporting the children to and from home, activities, and field trips. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.280, the day care center has the following responsibilities as to transportation:

*Driver must have a valid driver's license and be 21 years of age or older;

*Driver must have a medical examination by a physician showing fitness to drive;

*Driver must have a good driving record with no more than two moving traffic offenses within a twelve month period of time;

*Driver has a duty to see that each child enters and exits the vehicle from the curb side of the street and / or is safety conducted across the street.

*Driver should make sure that a responsible person as designated by the child's parents or guardians take charge of the child when the child arrives or is delivered at his or her destination.

*Driver has a duty to maintain order on the day care transportation vehicle for the safety of the children.

*Driver shall inspect the vehicle after each trip to make sure that no child is left behind.

There are many other safety requirements set forth in the Illinois Administrative Code for day care centers and transportation. It is important for day care centers to follow these regulations and others to insure the safety of children while being transported. Unfortunately, many drivers are careless in their driving and / or supervision of children while being transported. These careless and negligent actions often times lead to child personal injuries that could have otherwise been avoided.

If an Illinois child is injured while being transported by a day care center, there are many issues that arise:

*How did the accident take place?
*Was the accident avoidable?
*What insurance applied?
*How are my child's medical bills going to be paid for or covered?
*What is the legal liability or responsibility of the day care center?
*What is the legal liability or responsibility of other drivers?

For transportation related injuries or automobile accident related injuries, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the accident / incident report, police report (if any), fire rescue records, medical records, medical bills, photographs, and other documentation / information regarding the incident / accident.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are injured or become ill in day care center playgrounds every day. It is important for day care centers to timely respond to the injury / illness, document the injury / illness, and contact the parents about the injury / illness. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.310, Health Requirements for Children, a day care center has a duty to contact the child's parent or parents at the phone numbers provided in the file. If the day care center cannot get in contact with or reach the parents, the attempt to contact the parent(s) should be documented in the file. Major and even minor accidents are required to be documented and recorded in the child's file. Reports of incidents or injuries should be prepared by the person in charge or responsible at the time of the incident / injury. The following information should be documented in the report: time of injury, place of injury, and factual details on how the injury occurred. When medical care is provided, a statement signed by a physician detailing the nature and extent of the injury is also required documentation for the child's Illinois day care file.

Documentation is important and helpful in investigating a case involving neglect or negligence in a day care center. Of course, documentation is not always complete or accurate. Furthermore, day care centers document the incidents that take place in the facility. As such, in many instances, the day care center leaves out vital information in an attempt to mask or cover up the incident. For parents dealing with questionable, unexplained or confusing incidents as reported by a day care center, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child due to negligent supervise, negligent playground design, or negligent playground maintenance deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, day care centers have a duty to supervise the needs of very young children (infants and toddlers). Families and single parents alike rely on day care centers so that parents can work their jobs or attend school to better themselves. Infants and toddlers, due their age, size, immaturity, and poor judgment need supervision and care commensurate with their needs and abilities.

Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.210, Special Requirements for Infants and Toddlers, day care centers must properly train staff members in the care and treatment of infants. In particular, a day care center must have a licensed physician, registered nurse, licensed practical nurse, or licenses physician assistant with training in infant / toddler care provide instruction to staff members in the proper health of infants and toddlers.

The day care center must also provide separate space for infants and toddlers to keep them away from older children except in smaller facilities with ten or fewer children. A sink and toilet must be readily available for the infant / toddler program for accessibility and for sanitary needs in caring for infants and toddlers. Electrical cords are deemed to be dangerous and hazards. As such, no extension cords shall be used in areas where children are permitted. Play equipment available to infants and toddlers in the day care center must be free from hazards or dangers to infants. Hazards or dangers would include objects with sharp edges, rough edges, and toxins. Small objects that a toddler or infant could swallow are also consider hazards or dangers. Toys must be duly cleaned and disinfected daily.

There are several regulations regarding food / nutrition, food storage, feeding, and sleeping / napping for day care centers that supervise infants and toddlers.

Day care centers should follow the standards set forth in the Illinois Administrative Code. The health, safety and welfare of each child in the day care center are paramount. Day care centers that repeatedly violate the standards and requirements are putting children including infants and toddlers at greater risk for child personal injuries in the day care setting.

For parents dealing with questionable or unexplained incidents leading to personal injuries in a day care center, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child deserve legal representation to make sure that compensation is duly paid for the benefit of the child and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Harrisburg, Illinois, the criminal trial of a day care worker will be heading to trial in July 2009. Christi Bailey, age 28, is accused of punishing children in the Illinois day care center by putting hot sauce on their tongues when the children misbehaved. Bailey is also charged with counts of assault and battery for slamming a child into a wall and dragging another child into an office. Ms. bailey faces a total of 7 criminal counts for her alleged improper care and abuse of the childrenin a Harrisburg, Illinois day care center.

Unfortunately, abusive and neglectful day care and child care workers are out there physically or psychologically abusing children in Illinois day care centers. Of course, there are plenty of good day care centers and many admirable and caring day care workers as well. One child abused or neglected in a day care center is one child too many. When a child is abused or neglected, criminal prosecutions like the one against Christi Bailey should proceed forward. It is vital that day care workers treat children with respect, dignity, and due care. It is well know that children will misbehave and fail to follow directions. After all, they are children. It is not surprising that a child will misbehave. Day care workers and owners should be prepared to deal with these kind of issues without physically abusing children. You can read more about this story at Illinois Day Care Center Hot Sauce Case Heads for Trial in July 2009.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are injured in day care center playgrounds every day. Many injuries would have been prevented if the day care center properly supervised the children playing on the playground and properly maintained the playground equipment including swings, monkey bars, slides, stairs, see saws, and ladders. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.390, Outdoor Play Areas, day care centers are required to maintain the playground areas and equipment in a safe, clean, and sanitary manner. The outdoor play equipment should be of safe design and in good repair. Day care center owners and employees should inspect the equipment to make sure that the equipment is free from sharp points, sharp corners, wood splinters, exposed /protruding nails, rusty or loose mechanical parts, glass, lead based paints, and / or other hazardous or poisonous materials. Climbing equipment shall be securely fastened or anchored to the ground to prevent tipping over, balancing issues, or other dangerous conditions. Swings should be composed of rubber or impact absorbing materials. Wood and metal seats shall not be used. If children under the age of five years age use the playground equipment, guards or precautions should be implemented to prevent strangulation type of personal injuries. As you can see, there are numerous regulations in place that require a day care center to make its outdoor playground areas reasonably safe. While all injuries are not preventable on playgrounds, simple measures can be put in place and maintained to prevent injuries to children in Illinois day care centers.

If a child suffers personal injuries in an Illinois day care center playground, it is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child due to negligent supervise, negligent playground design, or negligent playground maintenance deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are injured in day care centers every day. Many injuries would have been prevented if the day care center properly supervised the children and properly maintained the facility, play materials, equipment, and furnishings. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.380, equipment and materials for both indoor and/or outdoor use shall be appropriate for the age and developmental needs of the children. Play materials shall be safe, durable, and free from hazardous chemicals, sharp edges, rough edges, and toxic paint. Day care center caregivers and administrators should think safety before an incident ever takes place. It should not take a personal injury or wrongful death of a child in an Illinois day care center for a facility to wake up and start working on its safety measures, policies, or procedures. If a child suffers personal injuries in an Illinois day care center, it is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois, day care centers / child care centers are regulated and licensed by the Illinois Department of Children & Family Services.

In June 2007, Illinois had over 2900 licensed day care centers, over 10,000 licensed day care homes, and over 450 group day care homes. It is estimated that over 295,000 children were cared for or supervised in these various facilities.

Day care centers are regulated by the Illinois Administrative Code. It is vital that day care centers follow these regulations and standards. Day care centers that violate these standards put the health, safety and welfare of Ilinois children at risks. While not all personal injuries to children in day care centers can be completely avoided, adherence to these standards can help reduce the incidence and severity of injuries to children in Illinois day care centers.

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 M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Aquan Lewis, a 5th grader at Oakton Elementary School, was found hanging from a hook by a school janitor in the bathroom. The boy was pulled off the hook and was lying on the floor when the janitor entered the restroom.

911 was called and CPR was performed on the child. Aquan was transported to Children's Memorial Hospital in Chicago, Illinois where he was pronounced dead.

Authorities with the school system and the police released few details about this incident. A school spokesman has stated that the incident was an accident. With the few details that have been released, it is hard to determine the accuracy of the statement that it was just an accident.

Children in the public as well as the private school system in Illinois and other States have a right to be educated in a safe learning environment. Elementary school aged children including 5th graders need consistent and diligent supervision to make sure that the children's health, education, and safety needs are met in the school system.

The tragic death of Aquan Lewis raises some important factual and legal issues including but not to the following:

When was the last time that Aquan Lewis was seen or supervised at the school?
How long was Aquan missing before a search was conducted for his whereabouts?
Did any school personnel even know that Aquan was missing?
Who was the last person to see Aquan at the school?
Have there been incidents in the past where a child has been injured in the bathroom?
What kind of security (if any) was in place at the school?
How as it determined that the incident was an accident?
Were there any incident reports made for the incident by the school system?

The death of Aquan Lewis is a great loss for his family, the school, and the community. You can read more about this story at Illinois 10 Year Old Found Hanging in Elementary School Bathroom. Hopefully, the family will get more answers to these questions and others by the school, school district and the police.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Alex Angulo was one of thousands of children placed in a foster care by the Illinois Department of Children and Family Services. Recently, Alex was mauled to death by a family Rottweiler who was kept in the backyard. According to news report, the plan by the foster parent was to keep the dog outside and keep the child away from the dog. This poor plan obviously did not work and this child was mauled to death in the back yard while his caregiver was using a snow blower in the front yard. According to Cook County Public Guardian Robert Harris - the plan of keeping the dog away from the child was insufficient.

It appears that the ongoing presence of the dogs including the Rottweiler on the property posed a risks to small children like Alex. People become quite attached to their pets and they become part of the family; however, legally dogs are property and not legal family members in any sense. The health, safety, and well being of every child including those in foster care are paramount and superior to any desire to keep a pet. While the dog may have been confined to outside living arrangements, this was not enough to properly protect Alex from the real dangers of having a dangerous dog on the property. You can read more about the developments on this story at Chicago Illinois Department of Children and Family Services Knew that Child Lived with Rottweilers.