Child Injury Lawyer Blog

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.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Phillip Gross was driving an ATV on Maier Road, South of Mount Vernon, Indiana with two children, aged 9 and 12, as passengers. Gross reportedly hit a dog, causing the ATV to rollover, trapping Gross and the 9-year old under the vehicle. According to deputies of the Posey County, Indiana Sheriff’s Office, the boy died shortly after being transported to Saint Mary’s Hospital by Life Flight. Gross and the twelve-year-old girl were treated and the girl has been released.

ATVs are open motorized vehicles that can flip over, causing serious injuries or death to children and adults alike. Adults should take care when driving ATVs and make sure that they and their passengers observe safety precautions such as wearing safety helmets. You can find out more about this ATV Accident at Child killed in ATV accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, crimes are considered enhanced crimes or more serious crimes when committed near a school and / or day care center. In Lafayette, Indiana, a man was recently arrested for dealing drugs within 1000 feet from a day care center. Further investigation by police officials uncovered a drug operation involving the growing of marijuana and the selling of LSD. In addition, police officials found several guns. The safety of children were certainly at risks when drugs are being sold nearby. Drug sales lead to other criminal activity including but not limited to assault, battery, shooting, and other violent crimes. Fortunately, this story was not about the tragic shooting death of a child caught in a drug dispute shooting; nevertheless, the criminal activity should be punished since crimes were committed and children were put at risks You can read more about this story at Man Arrested for Dealing Drugs Near Indiana Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Gary, Indiana, a woman admitted that she was reckless in causing serious burn injuries to a child. Lashonda Sheree Brassfield, age 28, was caring for a 2 year old girl in a home. The girl was left unattended in a bathtub where she suffered 3rd degree burns to her legs.

This story shows the importance of due diligence and supervision when small children are in a bathtub. Inattention can lead to serious injuries since small children do not understand the dangers of water which include scolding related injuries and drowning related injuries. You can read about this story at Indiana Woman Admits to Recklessness - Bath Tub Burn Injuries to 2 Year Old Girl.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, parents, caregivers, teachers, bus drivers, and others are placing children in car seats that are improperly installed and / or used. Some experts estimate that nearly 90 % of car safety seats are misused in some manner. I recently read a good article about the use of car safety seats for children. Anyone transporting a small child should read this article - Car Seats Are Misued. and take safety measures to make sure that car seats are properly installed and used for children. Inspection following injuries in an automobile accident is sometimes too late for some children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, foreclosed homes are increasing in number every day. Some foreclosed homes have swimming pools. During and after the foreclosure process, swimming pools often times are not properly maintained or secured by those owning and / or controlling the property whether it is the foreclosed upon owners, banks, or mortgage companies. Children see swimming pools, whether or not the pools are maintained, supervised, or secured, as places of adventures. Unfortunately, children do not recognize the dangers of pools and suffer personal injuries and deaths when they use pools with no supervision. In Avon, Indiana, Sheyenne Jenkins, a 5 year old daughter of Secrena Erwin, wandered into a neighborhood pool and drowned. The home and pool were abandoned. Unfortunately, the pool was still filled with water. While the pool had a cover, neither the cover nor the pool were properly maintained or secured to keep young children from wandering into the pool area and the pool itself. Sheyenne fell into the pool and drowned. The tragic events leading to Sheyenne Jenkins' death shows the dangers of swimming pools of foreclosed or abandoned homes. Banks, mortgage companies, and investors in control of abandoned homes have a duty to secure the area and maintain barriers and fencing according to applicable State and local laws. You can read more about this story at Foreclosed Homes (Swimming Pools) Are Dangerous to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, law enforcement officers arrest people every day for dealing drugs and for other illegal activities. Drug dealing can often times lead to violence and negligence that leads to the harm of innocent third parties including children. That is why it is important for law enforcement and communities to keep drug dealing away from schools and day care centers. In Richmond, Indiana, law enforcement officers arrested three people suspected of drug dealing within 1000 feet of a day care center. All three criminal defendants sold drugs to the same undercover agent. Members of the Wayne County Drug Task Force and Police Department should be commended for their efforts to enforce the law and keep areas in and around day care centers safer. You can read about this story at Three People Facing Criminal Charges for Drug Dealing Near Richmond, Indiana Day Care Center.

July 4th celebrations are typically filled with celebration, picnic, and fireworks. Some celebrations around the Nation were also filled with fear and injuries. In Merrillville, Indiana, a wooden pedestrian bridge collapsed following a fireworks demonstration. It was reported that at least 16 people were taken to the hospital. It was unknown according to early reports how many were injured in the bridge collapse. Dozens of people were thrown into Hidden Lake as a result of the collapse. You can read more about this story and see photographs of the collapsed bridge at Dozens of Spectators Plummet into Hidden Lake (Indiana) Following Fireworks Display.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents in Indiana and other states should be very careful as to who they trust to babysit their children. In Veedersburg, Indiana, a couple (Stephen Quick and Samantha Light) were recently arrested and charged with serious crimes of child molestation and child exploitation. Police reported that the couple operated a baby sitting service out of their home and videotaped various sex acts with the children over a period of many months. The videotapes themselves will be very powerful pieces of evidence for the criminal trial should the case proceed to trial. This story should serve as a good learning lesson for all parents. Reserach and check out the people babysitting your children. If Stephen Quick and Samantha Light had no prior criminal record - then it may have been difficult to predict their actions. In addition to criminal history and record, it would be helpful to know if a family home day care or babysitting service is licensed or registered with the State of Indiana. If the allegations are true and proven, the criminal sentence should include prolonged prison time and subsequent probation that prohibits this couple from caring for or being around children where the children would be at risks from these sexual predators. You can read more about this story at Couple Arrested in Indiana for Sexual Exploitation and Child Molestation.

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 Wolf, Attorney
Published by Child Injury Lawyer Network

Children should respect their elders; however, no child should be physically harmed or beaten especially those under the age of 2. In Indianapolis, Indiana, Tayaun Chism (an 18 year old man) beat his girlfriend's 14 month old toddler - Lilliana Goodman. Why did Mr. Chism beat this child? He beat the child because she allegedly disrespected Mr. Chism. The alleged act of disrespect was that the child was not eating her food as directed. What is the punishment for not eating food as directed? Mr. Chism took a belt to her for more than 1 hour. These heinous acts of abuse put the child in critical condition. The child is being treated at St. Vincent's Hospital.

Mr. Chism should have checked his pride at the door and thought more about the best interest of the child. In addition, Mr. Chism should have recognized that the beating of the 14 month old was a crime. Mr. Chism was arrested on charges of
child abuse.

You can read more about this story at Indianapolis, Indiana Man Arrested for Child Abuse for Beating of Toddler Who Disrespected Him.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Special needs children / students need to have proper supervision and patience from teachers in Indiana and other States. In Lafayette, Indiana, a special need middle school teacher was fired by the school board for duct taping a student's mouth shut. This truly is no way to discipline a child or make a point. It is corporal punishment - plain and simple. Pamela Dahnke, the middle school teacher, was a health and nutrition teacher. One would think that she would realize the psychological and social ramifications of such acts in Indiana.

Special needs children in schools should be give guidance, attention and supervision. They should not be subject to psychological or physical injuries inflicted by teachers, school staff, or other children. You can read more about this story at Indiana Middle School Teacher Dismissed for Duct Taping Student's Mouth Shut.