Child Injury Lawyer Blog

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, drivers should slow down and stop as necessary when driving in or near school buses and school bus stops. Unfortunatly, children are at danger and risks for serious personal injuries and even wrongful death when people drive too fast or fail to otherwise stop when required at or near school bus stops. In Clay County, Indiana, it was reported that Logan Parr - age 15 - was in the process of walking across a street when he was hit by a truck. At the time of this pedestrian accident, it was reported that the school bus stop arm was extended which means that the drivers in the area should have stopped to allow the children to depart the bus and safely walk across the street. See Clay County Indiana Pedestrian Accident - Personal Injuries to Teenager Trying to Cross the Street.

Following the pedestrian accident, the teen was taken to St. Vincent's Clay Hospital for medical treatment for a injured leg and other personal injuries. The Indiana State Patrol responded to the scene of the pedestrian accident.

Many pedestrian accidents are preventable if drivers obey speed limits and otherwise pay attention to traffic condition, school bus stops, weather, and other factors. Children are put at risks when drivers are distracted or just simply ignore traffic conditions, speed limits, and / or the presence of pedestrians.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Treatment / Medical Care, and other topics. You can receive this book for free at The ABCs of Child Injury.

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chance Jackson, a 15-year-old student, was transported by air ambulance to Methodist Hospital where he underwent surgery after he was shot at his school, West Middle School in Martinsville, Indiana. Students were put on lockdown for nearly 5 hours following the shooting. Approximately 600 students attend the school. The suspect, who was a student that attended the middle school, has been taken into custody but was not arrested. The suspect's name, age and grade was not released as part of the initial news reporting of this incident. According to police, the suspect walked away from the middle school after the shooting around 7:30 a.m. He was eventually apprehended several miles away. Police, who traced the boy's path, found a handgun in a wooded hillside. The suspect and other witnesses will be questioned and the investigation is ongoing. It is rumored that school officials were previous warned that violence might occur. However, Martinsville West principal Suzie Lipps denied those allegations. If arrested, the suspect will face attempted murder charge. Since the investigation is ongoing, the filing of criminal charges will depend on the evidence obtained and the decision by the local prosecutor's office. For more read Student shot at West Middle School in Martinsville, Indiana.

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A man is reported dead on the scene after he crashed his Dodge pickup truck into a daycare center in Fort Wayne, Indiana. The Fort Wayne Police Department responded to the single-car accident a little before 8 a.m. and found the man unresponsive and pinned inside his truck. According to a written statement by police, the man was reportedly driving at a high rate of speed, left the road, struck the daycare center and hit a power pole before finally rolling into a vacant lot. Medics arrived at the scene and declared the man dead. The crash remains under investigation by local authorities and agencies.

The death of this man is a tragedy for his family and community. Speeding is a dangerous and sometimes deadly driving behavior. By speeding, a driver reduces his or her ability to brake or otherwise stop the vehicle in order to avoid a collision. It is important for drivers to obey designated speed limit. Driving at a safe speed will make roadways safer for all other drivers and passengers. If you would like to read more on this collision please see Speeding man fatally crashes into daycare center in Fort Wayne, Indiana.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many children and parents believe that a BB gun is a toy and posed no real danger to children. Many child safety advocates would disagree. In Logansport, Indiana, a 6 year old girl suffered personal injuries when she was accidentally shot in the head by a BB gun at a younger friend's house. The younger friend was only 3 years old. Lt. Cathi Collins with the Logansport Police Department reported that the 6 year old (Ariana Roman) was be treated and monitored at the Fort Wayne Hospital - Pediatric Intensive Care Unit. The BB gun shot incident caused damage to an artery in the brain and a skull fracture. The BB gun at issue was placed on a shelf but was still within reach of the children.

When there is an injury that takes place at another person's home, a personal injury claim can be pursued against the homeowner's insurance policy where the incident took place. The coverage or non-coverage of the personal injuries will depend on the language of the insurance policy and any exclusions that may be part of the policy. If a firearm or BB gun injury is accidental, most homeowner's policies will cover the resulting injuries. You can read more about homeowner's insurance claims and child injuries in the book - ">The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive a free copy of this book by clicking here.

A BB gun should be safeguarded similar to other firearms and weapons. Parents should safety secure BB guns and other items that may cause harm to a young child. It is well know that children lack safety awareness and good judgment. Because of this, it is vital that BB guns be removed from the home or at least stored safety away from the reach of children.

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Rev. John Jenkins, President of Notre Dame University, has recently admitted responsibility in the tragic death of Declan Sullivan, a 20-year-old student videographer at the university. Sullivan was killed when a hydraulic lift he was on toppled over while he was filming an outdoor football practice. The National Weather Service reported gusts up to 51 mph on the day the incident occurred.

The State of Indiana is still investigating the incident. The State of Indiana is looking into whether federal and state workplace safety rules and industry standards prohibiting workers from using scaffolds during high winds and storms were violated. Authorities are also planning to review whether or not Sullivan received any training before using the scissor lift. If you would like to read more on this story please see Notre Dame President recently admits responsibility in student's death.

The death of this young man is a tragedy for his family and community. Safety training and other safety precautions may seem tedious and pointless at times, however, it is imperative that safety regulations be followed by employers and schools. Following safety guidelines will prevent workers and students from sustaining personal injury as well as prevent tragic deaths.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Irene Martin, a 37-year-old woman and day care provider, made her first appearance in Hendricks County Court after she was charged with child abuse. Martin was formally charged with 3 felonies of battery and neglect of a child due to an incident that happened at her home, which she runs at a day care.

The incident occurred on October 15, 2010. It was reported that Martin originally told police that Corbin Hutchinson, a two-and-a-half-year-old under Martin's care, fell into a bathtub. However, Martin later changed her story, telling police she was bathing Martin after he had gotten urine on himself because he was being potty trained. Martin said she took Corbin to the utility sink her home garage to wash him off. She left Corbin unattended to go get a change of clothes for the toddler when she heard Corbin crying, she told him to remain in the sink. When Martin returned to the garage she noticed steam coming off the water, she then turned off the hot water and continued to let the cold water run. The child remained in the sink during this time and for several minutes after. Again, Martin left Corbin in the sink and eventually returned to change him. While she was changing him she noticed severe burns on Corbin's back, groin, buttocks and legs. Martin also told police she phoned telephone members first to inform them about the accident, more than an hour later she called the police. Martin also confessed to police that she was neglectful and only thought about herself after the injury occurred.

Corbin was taken to a local hospital and then was transported to Riley's Burn. According to his let check-up, he is still being treated for the burns.

Martin has no criminal record and entered into a not guilty plea. She is scheduled to go in front of a jury sometime in January. Ms. Martin will be entitled to defend herself against these criminal charges through an Indiana criminal defense attorney or a public defender. If you would like to read more on this incident please see Indiana day care owner charged with child abuse after toddler sustains severe burns.

Day care owners have a duty to care for and protect the children under the care. Parents instill a tremendous amount of trust in day care centers and its employees and providers to care for their children when they cannot. This a duty that should be given paramount importance and never neglected.

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Bend, Indiana, Notre Dame is the epicenter of the town with deep roots in football. While football is often a time for celebration, tradition, and fun, there was a recent story that brought news of tragedy. Declan Sullivan was filming Notre Dame football practice from a video tower. For some reason, the tower collapsed and caused serious personal injuries which, in turn, ended the life of this 20 year old student from Long Grove, Illinois.

Declan Sullivan was on a hydraullic scissor lift. The make and model of the lift was not reported. There is a good article on safety and scissors lift located at Scissor Lift Safety. OSHA (Occupational Safety and Health Administration) considers scissor lifts to be mobile scaffolds and regulates the use accordingly.

It was reported that there were winds of 51 miles per hour at the time of the incident. It would interesting to know the manufacturer specifications and warnings for the product as well as the weather forecasts that were available prior to the incident. Investigations may also reveal policies and procedures for the operation and use of the scissor lift.

Wins and loses are important in College Football. However, this story is not about competition or the great football program. This story is about a life lost. Was the incident avoidable? Was the equipment properly utilized and set up? Was weather a factor in the incident? These and other questions should be addressed through the investigation. You can read more about this story at Notre Dame Student Dies in Video Tower Collapse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A car crashed into the front of New Beginnings Daycare, an Indiana day care center. The car was driver by a parent whose child attends the day care. Apparently, the driver jumped a curb in the center's parking lot and rammed into the building's office. Luckily, no one was injured. However, severe damages was done to the building; the wall of the knocked in several feet and the floor was littered with debris such as files and bottles. The driver told officials that the brakes of her car malfunctioned. If you would like to read more on this story please see Parent crashes into day care while picking up child.

Generally, drivers need to keep their focus on the road and distractions to a minimum. Distracted driving includes but is not limited to the following activities while driving: talking and texting on the cell phone, eating, grooming and reading. By keeping these distractions to a minimum, drivers will make the roadways safer, especially for children. Also, drivers who keep their focus and attention on the road are at less of a risk of being involved in an accident. These drivers will be aware of their surroundings at all times and be able to react appropriately in pre-accident conditions. Of course, at times, a vehicle will malfunction and cause an accident As such, it is also important to have frequent and scheduled maintenance of vehicles as well.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 13-year-old boy, Peter Lenz of Vancouver, Washington, died after a motorcycle crash at the Indianapolis Motor Speedway. Peter was reportedly run over by another motorcycle driver after he fell from his motorbike during a warm-up lap. The driver of the other motorcycle was identified as 12-year-old Xavier Zayat of Flushing, New York and reportedly did not sustain any personal injuries. Peter was immediately placed in a neck brace and onto a stretcher by medical workers who also performed chest compression on him until he arrived at the hospital. Peter was pronounced dead several hours later.

Peter is the youngest driver or rider ever killed at the 101-year-old speedway, which allows teens to drive vehicles that can top speeds of 120 mph. This teenager's tragic fatality will almost certainly spark a debate amongst the public about how young is too young for racers to be competing on nationally known speedways. Racers insist that age is not the issue, but are new rules needed? Those in the racing circle disagree and compare it to other dangerous sports such as football and gymnastics. The U.S. Gran Prix Racers Union stated this was their first fatality in the series in 9 years. Others say a fatality is an ugly, terrible part of the sport but it is still a consequence most are willing accept. If you would like to read more on this story please see Teenage boy dies in motorcycle crash at Indianapolis Motor Speedway.

Peter's death is a tragedy for his family and his community. Condolences are also sent to the family of the driver involved in this terrible accident. Adults and parents need to counsel children on the dangers of motorcycles. These machines are capable of reaching fast speeds and do not provide the same protection like that of an automobile (safety belts, body is not as exposed, etc.). However, if your child chooses to engage in motorcycle racing, parents and adults need to take the proper safety precautions. The child should always wear approved safety gear from head to toe. Also, be aware of weather conditions before driving and teach your children to drive and/or ride responsibly.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

On August 12 9-year-old boy, Trevor Howe, ran outside of his home chasing after his family's Labrador retriever, Sweetpea. However, when Trevor's parents discovered Sweetpea had returned to the home without Trevor, Trevor's parents rushed to a nearby pond to look for their son. When they arrived at the pond medical personnel were already working on Trevor's unconscious body. Trevor died four days later at Riley Hospital for Children in Indianapolis.

Trevor's tragic death has sparked the city and county officials to focus their attention on pond safety, specifically stormwater pond improvements and pond design standards. Trevor's father is petitioning the city to place a 4-foot high chain-link fence around the pond where Trevor drowned, which would replace the nylon mesh fence that serves mainly to keep pedestrians from interfering with the ponds vegetation.

According to the Centers for Disease Control and Prevention, drowning is the second leading cause of unintentional, injury-related death in children ages 1 to 14. Although most drownings occur in swimming pools, the percentage of drownings in natural water settings increase with age.

The laws regarding the safety and standards of ponds and stormwater retention areas were last updated in 2005. Jenny Miller, the city's engineer, stated that safety standard issues that are likely to be addressed are increasing warning signage. If you would like to read more on this story see Boy drowns in Indiana ponds, has city officials looking to update their pond and stormwater safety standards.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Since 2008, at least 10 children have been accidentally shot in central Indiana. This statistic includes the most recent shooting of a 5-year-old child who was accidentally shot by his cousin while his cousin was spinning a revolver in his hand. The five-year-old boy was identified as Miguel Luna. Miguel was last reported in critical condition at Riley Hospital for Children.

Although the police of Indiana stress the importance of gun safety and sometimes offer free gun locks, the Indianapolis Metropolitan Police Department and the Indiana State Police do not offer any gun safety classes. Furthermore, the State of Indiana does not even require people who purchase firearms to take such classes. If you would like to read more about this tragic accident please see 5-year-old boy accidentally shot by cousin.

Hopefully this child has a full and quick recovery. This accident is a tragedy for the boy's family and community. Parents, teachers, guardians and other adults should educate their children on the dangers of guns. If you are a gun owner and have children, use the trigger lock when the firearm is not in use. Also, store the ammo and clips in a place out of a child's reach.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 14-year-old Greencastle, Indiana boy may have avoided serious injury after he collided with a vehicle late afternoon on June 7. The Greencastle Police report stated the 14-year-old was riding his bike when he crossed the driver of the vehicle, Glenn K. Hollis’, path. According to the police report, the child came into contact with the front driver side fender of Hollis’ 1999 Pontiac Grand Prix, was thrown from the bicycle, and struck his head on the windshield causing him to fall to the ground. The child was then rushed to the Putman County Hospital in an ambulance where he was treated for a head injury. Greencastle Police Department Chief Thom Sutherlin stated he believed the child was treated for minor injuries and was kept overnight in the hospital for observation reasons. Sutherlin said Hollis was not cited for the accident. You can read more about this accident at 14-year-old on bicycle collides with car, sustains head injury.

Drivers need to be cautious while on the road. Although this driver was not cited for the accident, the message is still clear: Automobiles are dangerous. Children and teenagers on bicycles run a risk of sustaining serious injury if they come into contact with a vehicle. Parents and care takers should inform their children of safety tips and precautions in order to avoid accidents like this one.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The State of Indiana has recently focused on the dangers of lawn mowers to children and for good reason. Between 2003-2008 in Indiana, 38% of all serious lawn-mower-related injuries that required hospitalization involved children 16-year-old and younger. Almost 1/4 of these injured involved children ages 6 and younger. Dr. Joan Duwve, medical director of the Injury Prevention Program at the Indiana State Department of Health, stated child injures caused by lawn mowers could be prevented by keeping children away from the areas of the yard that are being mowed.

Many of the lawn mower injuries are to the legs, feet or toes of children and are caused by the lawn mowers’ sharp rotated blades that can cut through skin and bones. Lawn mowers can also get relatively hot after being used and touching the lawn mower, even after it has been turned off, can burn children. Children can also be the cause of lawn-mower-related injuries. Children playing close to lawn mowers run the risk of slipping and falling into the mower blade. Children can also be injured while operating the lawn mower if they are too young to do so. According to the National Agricultural Safety Data, a lawn mower rotary blade spins at 2,000-4,000 revolutions per minute, the equivalent to 100-200 mph. It is important to know how to quickly disengage the clutch and stop the engine, young children may be unsuitable to do such a task.

The American Acadmey of Pediatrics offered these safety tips to parents:

1. While mowing the lawn, keep young children away.
2. Do not allow children younger than 16-years-old to operate ride-on lawn mowers and do not allow children younger than 12-years-old to operate walk-behind mowers.
3. While operating a lawn mower, wear sturdy shows, protective ear wear and eyewear
4. Before mowing, pick up objects such as stones and toys from the lawn.
5. Use only a power mower with a control that stops the mower if the handle is let go; be certain that the control is never disconnected.
6. An adult should adjust the blade settings.

To read more about this topic see Lawn mower safety.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Dog bites can cause serious personal injuries to children and, in some instances, the tragic wrongful death of a child. These incidents can even take place at home with a family dog with no history of aggressiveness or dog bites. In Indianapolis, Indiana, a 9 year old girl suffered serious personal injuries as a result of being mauled / bitten by a Pit Bull breed dog. As the girl was letting the dog outside, the Pit Bull breed dog jumped on her and bit her around the neck while violently wrestling her to the floor. The child sustained serious personal injuries to her neck and trachea. After the vicious attack, the Pit Bull breed dog was quarantined at a local animal hospital.

Pit Bull breed dog attacks, similar to the one here, are not uncommon. These types of attacks raise several legal issues:

What safety precautions were put in place to protect the child?

Was this the first incident of violence by the Pit Bull dog?

Has animal control been called before regarding the same animal?

Parents have a duty to protect their children from harm. Although a dog is a household pet it is still an animal and can snap at any time. Safety precautions should always be taken and one should always be aware of an animal’s behavior. Of course, some dog attacks cannot be predicted and can happen in a matter of seconds. When possible, children should be protected from dog bite attacks and dangerous dogs should be turned over to animal control or otherwise secured in a location away from children.

You can read more about this story at 9-year-old Girl in Serious Condition After Being Mauled by a Pit Bull.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, parents and other drivers continue to hit the roads with children in the vehicle while under the influence of drugs and alcohol. When driving, it is important to be alert and sharp. It is a well know fact that alcohol dulls the senses and has a definite effect on motor skills. Driving under the influence puts many people at risk including the driver, passengers (especially children), other drivers and passengers in vehicles, pedestrians, and bicyclists. If you have been drinking, stay out of the driver's seat and get somebody sober behind the wheel. In Muncie, Indiana, a man was arrested for drunk driving charges. He had picked up the children of his fiance from a day care center and was driving the children home when he crashed into a tree. Police arrived on the scene. The children in the vehicle were young children. One was 5 years old and the other was 2 years old. Both were treated at Ball Memorial Hospital. The 5 year old was taken to Riley Hospital in Indianapolis, Indiana for treatment for internal injuries. See Child Injured in Drunk Driving Incident in Muncie, Indiana.

Driving while under the influence of alcohol and / or drugs is extremely dangerous. Keep the safety of children and others in mind. If you drink - never drive. Otherwise, your driving could land an innocent child into the hospital or worse an early grave. Think smart - Don't Drink and Drive.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Martinsville, Indiana, police were called to a day care center after the child began throwing a fit. It was reported by Fox News that one police officer slapped the child and another tasered the child for 1 to 2 seconds. The child's guardian operates the day care center. Some argue that the tasering of a child is an excessive way to punish or control a child. Others may not have a problem with tasering, corporal punishment or other physical harm to a child.

Discipline and corporal punishment are often topics of debate. What is the reasonable use (if any) of corporal punishment in the home? at school? at a day care center? by police? Child safety and reasonableness should be the two factors to consider when addressing or considering any particular incident. You can read more about this story at Police Taser Child in Indiana Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, doctors have a duty to repot suspicions of child support. Unfortunately, for a variety of reasons according to a study of child abuse cases in 40 states, doctors and pediatricians often times fail to report incidents or suspicions of child abuse. There are a variety of reasons for failing to report. The key thing to keep in mind for the doctors, pediatricians, and others is the safety of children. Most states provide for immunity for child abuse reporters as long as the report was made in good faith. You can read more about this story at Study: Many Doctors Do Not Report Suspicions of Child Abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indianapolis, Indiana and cities throughout the United States, there are thousands of theme parks, amusement parks, and county fairs. Children enjoy amusement park rides and typically have a great and memorable time. Unfortunately, amusement parks are sometimes the sites of tragic and serious personal injuries. In Indianapolis, Indiana, it was reported that a child suffered a serious head injury while riding on a Teacup Ride. Details were not initially released as to the cause or mechanism of the injury. There will be an investigation into this incident. The ride will be inspected and witnesses will be interviewed. Whatever the results of the investigation, a child was seriously injured and it is a very stressful situation for the parents and family members. When at amusement parks, ride operators as well as children and parents should always do their best to act / participate in a safe and prudent manner. The safety of a child should always be the paramount concern over everything else. You can read more about this story at Child Suffers Serious Personal Injuries on Amusement Park Ride in Indianapolis, Indiana.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A toddler enrolled in an Indiana day care center suffered serious personal injuries when an automobile crashed through the day care center. Two robbery suspects were being pursued by the police in a high speed chase that ended with the robbery suspects crashing into Stepping Stones Child Care. Police believe that the suspects robbed a nearby Family Dollar store. Three other children were also injured as a result of this crash.

This story shows how the lives of innocent children can be affected by careless, reckless, and illegal action. You can read more about this story at Crash into Indiana Day Care Center Results in Serious Injuries to Toddler.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Concussions in high school sports are being scrutinized that recent studies have revealed a high incidence of brain injury and trauma in professional sports like the National Football League. When a high school athlete like a football player suffers a concussion, the best interest of the child / student should be paramount to all other concerns namely competition / winning a game. The Fort Wayne Journal Gazette recently posted a good article regarding concussion in high school sports - Concussions No Longer on the Sidelines. If you have a child active in sports, this would be a good article to read to see what approaches and recommendations are being made when a high school athlete suffers a concussion.