Child Injury Lawyer Blog

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

In homes, day care centers, schools, and other locations, there are common every day items that can pose a great risk of injury to a child. These items are in just about every house and most day care centers and schools. Believe it or not, the common every day items include televisions and furniture. Children are curious and often times do not recognize the danger of climbing on furniture or moving a television set. When these items are not properly positioned, safeguarded, and / or anchored, serious personal injuries can result. Because there have been a number of incidents across the nation that involve serious personal injuries from a television or furniture item that has tipped over and fallen on a child, it is vital that the home, day care center, school, and other location frequented by a child be safeguarded to the best of the ability of the property owner and / or child care provider.

While there may be some expense in anchoring these items through the services of a contractor or handyman, the expenses associated with the safeguards would pale in comparison to the injuries and lives that are changed when the safeguards are not put in place.

When a child is injured by a television or falling furniture, it is often times helpful to contact a Child Injury Lawyer for advice, consultation, and legal representation. There are many factors to consider in these claims and cases that can be reviewed by the child injury lawyer with the parents. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowners Insurance, Day Care Center Injuries, School Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

In Oaklawn, Kansas, an unfortunate incident was reported at a home. It was reported by the Witchita Eagle that a 4 year old girl suffered serious personal injuries in the form of a head injury when a television fell on her. The incident took place in a bedroom. Sedgwick County Sheriff's Office responded to the scene. The girl was transported to Wesley Medial Center for care, treatment, and evaluation. See Television Falls on Kansas Girl in Bedroom.

Many parents quite frankly are not aware of the dangers of televisions and falling furniture. While these incidents are not as common as automobile accident related injuries, unsecured / unanchored furniture and televisions in the home, day care center, school, and other locations still pose a danger to children.

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

In Kansas City, Kansas, a three year old girl was hit as a pedestrian on Washington Boulevard. It was reported that the incident took place at 1:50 a.m. Due to the circumstances surrounding this incident, the police will conduct a full investigation to determine the cause and preventability of this Kansas pedestrian accident. See Child Injured in Pedestrian / Automobile Accident in Kansas City.

Often times, there are questions as to the cause and fault for an automobile accident / pedestrian accident in Kansas. A Kansas Personal Injury Attorney can conduct an investigation as well of the causes and circumstances of the accident. When a child is injured in a pedestrian accident, there are often a number of questions or issues that a parent must deal with on behalf of the injured child. The book titled - The ABCs of Child Injuries - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Medical Bills / Treatment, Automobile Accidents, and other topics. A parent or other concerned person can receive this book for free at The ABCs of Child Injury.

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

Douglas County Judge, Sally Pokorny ordered Richard Gonzalex, 69, to serve 25 years to life in prison for allegedly molesting a four-year-old girl. According to prosecutors, the girl alleged the acts occurred several times over a six week period in 2009.

The Chief Assistant District Attorney, Amy McGowan, read a letter from the girls’ parents in court asking the judge to give Gonzalez two consecutive life sentences; the parents feared that the crimes would affect her as she grew older. The parents said in the letter, “that is something that will be with her for a life time”.

The defense asked Judge Pokorny to sentence Gonzalex to serve 75 months in prison because of his age and lack of prior criminal history. The Kansas criminal defense attorney argued a life sentence was unconstitutional, but Judge Pokorny based her ruling on Jessica’s Law. The Kansas Legislature passed Jessica’s Law, which attaches potential life sentences to child sex crimes because child victims are the most vulnerable people and often do not have the vocabulary to speak out about the abuse. Pokorny looked at the physical injuries as well as the ongoing psychological injury. She said, “It is a harsh punishment for a terrible crime.”

Gonzalez was living at the time on the property home to Miles of Smiles Child Daycare Center. It was operated by his daughter, located southwest of Lawrence. The day care center closed in July 2010, according to the Kansas Department of Health and Environment records. Gonzalez is expected to appeal the verdict and sentence. For more information on this topic, see Lawrence man, 69, ordered to 25 years to life for molesting 4-year-old at day care center.

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

The number of victims of child sexual abuse and molestation grows each year. According to the U.S. Justice Department, roughly 32% of girls and 14% of boys are molested before the age of 18. In addition, nearly 2/3 of all sexual assaults reported involved minors and roughly 1/3 involved children under the age of 12. In most cases, child molestation goes unreported. Estimates are that only 35% of sexual abuse is reported. The reason may be because kids are frightened or embarrassed to say anything.

Recently, Richard Gonzalez, 69, from Kansas was sentenced to prison for molesting a four- year-old girl at a rural Lawrence day care center in 2009. Prosecutors said he had molested the girl during nap times over several weeks at a day care center operated by his daughter. In January, Gonzalez was convicted of aggravated criminal sodomy and aggravated indecent liberties with a child. Douglas County District Judge Sally Pokorny sentenced him to serve 25 years to life on each count. The judge described the sentence as a “harsh punishment for a terrible crime.”

Perpetrators of child sexual abuse and molestation come from all different age groups, race, gender and socio economic backgrounds. One common factor in all cases is that children often know and trust their abusers. For more information on this topic, see Kansas man, 69, sentenced for molesting 4-year-old girl at Lawrence day care center.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The license of a home-operated day care center has been suspended after a 17-month-old died in the provider's care. It was a playpen-related death. The reasons for the suspension were lack of adequate supervision and use of sound judgment by the provider. Police Lt. Ken Landwehr said the initial investigation indicated the toddler apparently got "caught up" at the top of the playpen while attempting to climb out, which probably led to asphyxiation. However, police are expecting an exact cause of death after reviewing the autopsy results. The day care provider found the toddler unresponsive and called emergency crews, who pronounced the toddler dead shortly after their arrival. An emergency order of suspension was issued by the Kansas Department of Health and Environment. The order identified the home operated day care center and Amys Lil Angels and the day care operator by Amy Shannon Waner.
To read more details on the emergency order issued please read Home-operated Kansas day care license suspended after toddler dies in provider's care.

The death of this toddler is a tragedy for the toddler's family and community. Child care providers must be educated on their products, especially playpens. Child care and day care providers must also know the weight and age limits and whether there has been any recalls of the playpens. Also, one of the most effective ways to protect small children is direct adult supervision.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Lawrence, Kansas (Douglas County), Richard Gonzalez was convicted of the crimes of
aggravated criminal sodomy and aggravated indecent liberties with a child. The criminal trial involved the crucial testimony of the child victim. As pointed out by Charles Branson - Douglas County District Attorney, the child's testimony was a very important part of the case brought against this 68 year old man. The sentence for this man could range from 25 years to life in prison.

When selecting a day care center, it is important to know who is running the day care center and what other persons will be near the children in the day care center. In this case, Richard Gonzalez was the father of a woman who was running a day care center out of her own home.

It is most unfortunate and tragic for that matter that child are abused in the very environment that should be a safe haven and center of learning for the child. Most day care centers are well run and operated by caring individuals who do look out for the best interest of the child. Other day care centers, however, take advantage of children and put the interest of the operators and employees over that of the children. You can read more about this story at Man, 68, Convicted In Day Care Sex Assault - Richard Gonzalez Touched Girl At Daughter's Business.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas, a former Johnson County Kansas day care operator was sentenced to a 41 month prison term for the tragic death of an 18 month girl that was under her care. The prison term resulted from the conviction of charged of involuntary manslaughter, aggravated child endangerment, and operating a day care center with too many children. Ava Patrick was the victim who died when her neck got stuck in a wooden fence of the day care center operated by Lawrence. The attorney for Ms. Lawrence argued that the death resulted as a result of an accident and not from reckless conduct. See Former Johnson County (Kansas) Day Care Provider Sentenced to Prison - 41 Month Prison Term - For Child's Tragic Death in Day Care Center

While there is no indication that Ms. Lawrence wanted to harm this child, the prosecution tried the case on the argument or allegations that Lawrence's conduct was reckless in nature. The reason for day care regulations and laws is to keep children safe. Staff to child ratios result from years of study as to the proper number of adults needed to effectively and safely supervise the children.

With more and more deaths, injuries, and dangerous conditions existing in licensed and unlicensed day care centers, one could argue that the criminal penalties for these kind of crimes should be more severe to act as a proper deterrent and punishment for these crimes.

It can be very difficult for a parent to cope with and deal with the aftermath of a child injury that takes place at a day care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has sections on Day Care Injuries, School Injuries, Medica Bills, Damages and Other Topics. If you are a parent in search of some information on the issue of child injury, you can receive a free book by clicking here.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Kansas Department of Health and Environment issued an emergency order closing Kathies Kidz Day Care Home, a Paola, Kansas day care center. According to the KDHE, two infants have died just this year. After the death of the second infant, which occurred in August, the operator of the day care agreed to surrender the facility's certificate. At the time of the surrender, Kathies Kidz were caring for 16 children - that is 10 more children than the center was permitted to care for. KDHE inspectors checked on the facility this month and found the facility still in operation and caring for 6 children. To read more on this topic please see Kansas Department of Health and Environment revokes a day care center's certificate after second infant dies in day care.

This day care center intentionally disobeyed an order issued by its state's Department of Health and Environment. Day care providers have a duty to meet all licensing and certification requirements in order to operate legally. The purpose behind the requirement for licensure / certification is to ensure a safe child-to-worker ratio, as well as to conduct a proper background check of all day care workers and employees. Day care facilities that intentionally ignore these requirements should not be a facility parents should entrust to properly care for their children.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Tragically in Kansas and other States, children are the unfortunate victims of injury and even death in day care centers. In Olathe, Kansas, a day care operator was recently convicted for the death of a 18 month old. The incident took place at the day care center in 2009. It was the child's first day at a day care center and also her last day of life. Ava Patrick's head got stuck in the slats of a wooden fence. She suffocated as a result of the incident. The case eventually made it to a criminal jury trial against the operator of the Kansas day care center. A jury convicted Jeanette L. Lawrence, age 47, of involuntary manslaughter. The day care center was overcrowded and understaffed.

This case illustrates the importance of staffing and safety measures in day care centers. It is vital that the day care center - both inside and outside of the facility - is safe for children. With good safety measures and consistent, responsible adult supervision, many tragedies like these in Kansas day care centers can be avoided.

You can read more about this story at Former Day Care Center Operator Convicted in Child's Death - Suffocation in Wooden Fence.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see Kansas daycare center loses license because of harsh punishments on children.

The method of punishment employed on disobedient children is generally a parental or caretaker's decision. However, parents, caretakers, daycare providers and babysitters need to be careful not to cross the line between punishment and physical abuse. Physical abuse upon children can result in a lifetime of physical and emotional injuries for the abuse victims. State legislatures are creating state laws that will require stricter screening procedures for the daycare workers and the licensing of the center. To read more about the stricter screen procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Between 1998 and 2009, 445 children died from heat stroke after being left unattended in a vehicle; that is an average of 37 child deaths per year. As temperatures are soaring during the summer months, Safe Kids Kansas reminds parents to check their vehicles for sleeping children before leaving a vehicle.

Heat poses more risks to children than to adults; a child’s core body temperature can rise 3-5 times faster than an adult when left in a hot automobile. A child’s core body temperature can even accelerate at the rate on days with mild temperatures. Heat stroke occurs when the core body temperatures reaches 104 degrees Fahrenheit and can cause permanent injury or death; a core body temperature of 107 degrees Fahrenheit is considered lethal. In just ten minutes, the temperatures inside a closed vehicle can rise 19 degrees above the temperature outside. After an hour the two,temperatures can differ by 45 degrees or more, even with a cracked window.
Many children are intentionally left in vehicles by parents or care takers that do not understand the severity of the danger in their actions. More than 50% of children who died from heat stroke were left unattended by a parent or care taker who suddenly became distracted and left the children in the vehicle. Parents and care takers must also keep keys out of a child’s reach; 30% of children gained entry into an unlocked vehicle and then became trapped inside the vehicle and overcome by heat.

Safe Kids Kansas offered several tips for parents and care givers:

1. Teach children to not play in, on, or around vehicles.
2. Never leave a child unattended in a vehicle, even if the window is cracked.
3. Place items, such as a purse, gym bag, briefcase, etc., in the backseat of an vehicle so at your next stop you will not accidentally forget a sleeping child in the vehicle.
4. Always lock a vehicle’s doors and trunk and keep key-less entry devices out of a child’s reach.
5. If a child goes missing, check the car and trunk first.
6. If you observe a child unattended in a vehicle, call 911.

For more on this topic see Heat stroke causes an average of 37 child deaths per year.

Demonstration of how quickly a car heats up in moderate temperatures.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 4-year-old boy from Kansas died as a result from a large television falling on him. At the time of the accident, the child was apparently climbing on a counter when the large television fell on him, resulting in a severe head injury. Child safety experts say these types of child injuries happen more frequently than people think.

This family experienced a devastating tragedy. Parents, caretakers, daycare providers, babysitters, and other child care providers are faced with the constant responsibility to protect their children from bodily harm / personal injury. It is difficult to foresee and prepare for a tragic accident like this one. However, when stories like these are reported, it reminds the rest of us to take some preventative measures such as the basic child proofing of a home. Children should not be allowed to access areas of a home where dangerous objects are located. Although distractions present themselves daily, supervision by parents, day care providers, care givers, or babysitters is one of the best ways to reduce these types of incidents.

This is tragic loss for the family and the community. Most people do not look at the typical television set and see danger; however, it is clearly that any heavy object that is not secured or anchored can cause injuries to a child who has poor safety awareness and judgment.

To read more about this tragic event see 4-year-old Boy Dies After Television Falls on Him.

To read basic ways to protect your children see See 12 Safety Devices to Protect Your Children.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations -K.A.R. 28-4-128. Safety Procedures, a Kansas child care center has a duty to train each person / employee who regularly cares for children in first aid. It is important for a child who is injured in a day care center to get immediate attention and help. Having training in first aid along with having the right supplies and equipment are vital for the well being of children in Kansas day care center.

If a child has been injured as a result of negligence, improper supervision, or unsafe equipment or furnishing, a child injury lawyer can answer many questions that arise when dealing with these matters.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations - K.A.R. 28-4-130 - Transportation (Pages 32-33), a child care center, that provides transportation, must provide safety restraints / seat belts for children as follows:

*each child care center vehicle shall be equipped with an restraint per each child;

*an infant, who is unable to sit up without support, shall be placed in an infant car seat or carrier that faces backward;

*a child, who is able to sit up with support, shall be provided with one of the following safety restraints or devices:

-shield type device;

-a car seat facing the front designed to hold a child weighing up to 40 pounds;

-a safety harness.

*a child, who is 4 years old or older OR who weighs 40 pounds or more shall have a lap belt. Shoulder straps should also be provided if the shoulder straps do not cross the child's neck or face.

Buses, according to Kansas regulations, shall not be required to be equipped with individual restraints if the bus transports only school age children.

If a child has been injured in a child care center vehicle accident, result of negligence, a child injury lawyer can answer many questions that arise when dealing with these matters.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations - K.A.R. 28-4-127 - Emergencies, a child care center has a duty to have written policies in place regarding the reporting of personal injuries and illnesses of adults and children. If a child's illness or personal injury requires medical attention, the child care center has a legal duty to immediately report the matter to the parent of guardian of the child. If a child dies at a Kansas child care center, the facility must report the death to the county health department or the Kansas Department of Health and Environment by the next working day.

It is vital that child care centers communicate with parents especially when a child is ill or when a child has suffered a personal injury. A child deserved timely medical attention when needed. Parents should have this prompt notification so that plans or arrangements can be made to address the medical and health needs of the child.

If a child has been injured as a result of negligence, improper equipment, or the lack of supervision, a child injury lawyer can answer many questions that arise including issues dealing with medical bills, medical treatment, health insurance, school medical insurance, compensation, the applicable laws, and other matters.

In Kansas and other States, children continue to suffer personal injuries and even death in some instances as a result of drive way / parking lot / back over incidents. These most unfortunate automobile accidents / pedestrian accidents result when a driver fails to observe a child behind the vehicle. In some instances, the child darts behind the vehicle as the vehicle is moving. In many incidents, the injuries can be avoided with better supervision of the child and more careful driving. Before a driver attempts to back out of a parking lot or drive way, the driver should first check around his or her vehicle before getting into the vehicle. Thereafter, the driver should check again and then only back up very slowly. While not all accidents of this nature can be avoided, most can. Taking a few more seconds for the safety of children can make a big difference.

In Wichita, Kansas, it was reported that a 4 year old boy was the victim of a back over accident at an apartment complex. The incident took place at the Pelican Point Apartments in the evening hours. At the time of the incident, several children were in the area playing in the parking lot. The accident took place as a child was going after a ball. Emergency paramedics later arrived on the scene and too the boy to Via Christi Medical Center (Hospital) for evaluation. It was reported that the child was in critical condition upon arrival. Subsequently, the boy's condition was upgraded. You can read more about this story at Back Over Accident in Parking Lot at Wichita, Kansas Apartment Complex.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations - K.A.R. 28-4-123 - Parental Access to Child Care Facilities (Page 27), a parent has a right to access the child care center during all hours of operation. This is an important regulation as it allows a parent and requires a facility to "keep its doors open". A parent could enter the facility at any time. As such, child care centers and its staff must be prepared for such a visit with the understanding that the parent will look around to make sure that everything is in order.

Parents, with children in child care centers, should visit frequently and, if possible, visit at different times. If all parents visit at one time, then the child care center may be more lax during the hours that parents do not visit. Parents are advised to use visitation times to bond with their children and to get to know the child care providers. Learn the names of the child care worker and let them know that you appreciate their hard work. If there is a problem with the care at a child care center or day care center that result in personal injuries, contact a child injury lawyer to get a better understanding of the rights of the injured child and the regulations and laws as they pertain to child care centers.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to Kansas General Regulation - K.A.R. 28-132 - Child Care Practices (Pages 34 - 35), a child care center has a duty to maintain a written policy as to discipline at a child care center. A child care center is prohibited from punishment that is physically harmful to the child. Furthermore, a child care center cannot humiliate or frighten a child as part of imposing discipline at the facility. The Kansas regulations specifically prohibit corporal punishment including spanking, pulling of hair, swatting, the yanking of an arm, or similar type of punishment. Verbal threats are prohibited as are derogatory remarks. The regulations also address other prohibited actions like locking a child in a room or box, withholding food or forcing food, and stinging or burning the mouth or other parts of the child's body.

These regulations have purpose and meaning. A violation of these regulations is a violation. It does not matter that a child did not sustain permanent physical injuries or scarring. It also does not matter what the child care worker does at home or with his or her children.

Kansas facilities have a duty to follow these regulations. It is not only the law but also in the best interests of children to avoid punishment that is physically or psychologically harmful.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Kansas Department of Health and Environment is the agency responsible for implementing and enforcing regulations as they pertain to child care in the State of Kansas. This can range from infants in a small home day care center to school aged children in after school programs to foster homes. The goal or desired outcome of child care is set forth in Chapter 65 - Public Health - Article 5 - Section 528 - Child Care Policy of State; Desired Outcome. This law sets forth the mission of child care that in in place to guide the state agency and its staff in supervising child care and day care centers in Kansas. In particular, the goal or desired outcome of child care is to provide parents and caregivers with high quality and affordable child care. The child care should be stable, diverse, and efficient among other things. Parental involvement is key. Parents should take an active role in inspecting a child care center and staying involved with the school or center on a daily basis. You can read more about this law / regulation and others at Kansas Child Care Licensing and Registration Laws.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Kansas Department of Health and Environment is the State agency charged with regulating child care centers and other facilities supervising or housing children in Kansas. What are the CCLR (Child Care Licensing Regulations) in Kansas for a facility or a person caring for children? Well, that all depends on the age of the children, size of the facility, type of the facility, and the kind of care provided at the facility. The Kansas Department of Health and Environment's website has a great resource page that contains the CCLR (Child Care Licensing Regulations). The publications available on this site include the following:

Kansas Child Care Licensing Laws;

Kansas Laws and Regulations for Licensing Pre-Schools and Child Care Centers;

Kansas Laws and Regulations for Drop In Programs for School Age Children & Youth;

Kansas Laws and Regulations for Registration of Family Day Care Homes;

Kansas Laws and Regulations for Licensing Day Care Homes and Group Day Care Homes for Children;

Kansas Laws and Regulations for Licensing School Age Programs;

Kansas Laws and Regulations for Licensing Psychiatric Residential Treatment Facilities;

Kansas Laws and Regulations for Licensing Family Foster Homes for Children;

Kansas Laws and Regulations for Licensing Maternity Centers;

Kansas Regulations for Licensing Attendant Care Facilities for Children & Youth;

Kansas Regulations for Licensing Detention and Secure Care Centers for Children & Youth;

Kansas Regulations for Licensing Residential Centers & Group Boarding Homes for Children & Youth;

Kansas Regulations for Licensing Private Child Placing Agencies;

Kansas Laws and Regulations for Licensing Day Care Referral Agencies;

Kansas Regulations for Licensing Secure Residential Treatment Facilities.