Child Injury Lawyer Blog

The State of Kentucky will release child death / child fatality reports to the public. This information can help researchers and child safety advocates make recommendations as to measures to take to prevent or at least reduce the number of child abuse related deaths that take place in Kentucky and other States. See State of Kentucky to Release Child Abuse Records.

When a child dies as a result of the negligence or fault of another person, business, school, or government entity, there are many issues and questions faced by a family. Some child related deaths result in criminal prosecutions. Some also result in civil wrongful death claims and lawsuits. It is often times helpful to have the advice, consultation, and representation from a Child Injury Lawyer when a child dies as a result of the negligence or fault of others.

The book titled - The ABCs of Child Injury -Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Child Abuse - Neglect, Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky, parents rely on day care centers to provide care and supervision to their children. It was reported that a child choked on a push pin while she was at a Louisville Kentucky day care center - Trina's Daycare Center. It was reported that day care workers at the Kentucky day care center observed that Jacorey Davis, age 2, was having convulsions at the day care center. It was not known at this time why the child was having the convulsions. The child was later rushed to Kosair Children's Hospital where he was pronounced dead. An autopsy later concluded that the child choked on a push pin. Recently, owner of the day care center - Katrina Clyburn gave a statement about the incident and her feelings regarding the death this child. See Day Care Owner Talks About Child's Death - Louisville, Kentucky.

Some injuries / deaths that take place at day care centers are prentable and some are not. Often times, there are many questions that a parent has when a chilld is injured 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 chapters on Day Care Center Injuries, School Injuries, Damages/Compensation, and Medical Care / Medical Treatment. See Free Book to Parents Dealing with Injuries at a Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, day care providers have a duty to provide for a safe and clean educational and learning environment for the children under their care. Day care providers should be trained to notice or observe signs of abuse and neglect. If a day care provider has a reasonable suspicion of abuse or neglect that is taking place outside of the day care center, the day care provider has a duty to report such information to the local Kentucky social service agency. In Floyd County, Kentucky, a day care center was shut down after a toddler died as a result of alleged abuse and neglect. The child's family caregivers have been arrested for the crime. State authorities closed down the Kentucky day care center and will conduct a more thorough investigation as to the cause of the death, preventability of the death, and whether any day care providers failed to properly report abuse or neglect to authorities. First and foremost, it is the best interest of the child that should control when a child is the suspected victim of abuse or neglect in the home setting. See Floyd County Kentucky Day Care Center Shut Down Following Toddler's Death.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, children are the unfortunate victims of abuse and neglect. Some children even die from abuse and neglect due to the abuse, neglect, and / or beatings by a family member, a boyfriend or girlfriend of a family member, a babysitter, and even other children in the household. It is certainly difficult to predict when abuse or neglect will occur if there are no prior arrests or any prior incidents of reported abuse or neglect. In Louisville, Kenucky, it was reported that a 3 year old died as a result of an alleged beating at the hands of the mother's boyfriend. Criminal charges have been filed. it should be pointed out that the criminal defendant will be entitled to the services of a Kentucky criminal defense attorney or services of the public defender's office. See Unconscious Boy Found by Local Police - Boy Was Severely Beaten.

By David Wolf, Attorney Published by Child Injury Lawyer Network

What started out as a childhood prank turned nearly fatal after a man shot at the neighborhood children. Although, the shooter was described by a neighbor as "low key" and "country," his actions give off a different kind of character. 56-year-old Michael Bishop, has been charged with attempted murder after he aimed his gun into a group of children, pulled the tripper and hit a 12-year-old boy. According to police, the children had been playing a long time prank known as ding-dong-ditch, the kids run up to a home, ring the doorbell or known, and run away. The victim, whose name is not being released, is believed to have suffered a buckshot injury from a shotgun. The boy was taken to Kosair Children's Hospital with non-life-threatening injuries. Eyewitnesses said they observed Bishop step out on his front porch with a shotgun, pointed his weapon towards the group of children, fired his gun and struck the 12-year-old boy. Dwight Mitchell, a Louisville Metro Police spokesman, said it is unclear whether the boy was the intended victim of Bishop or if he was merely just trying to scare the children off. Other neighbors were questioned by reporters and stated they too have been pranked by the neighborhood children. However, the kids were described as "good kids ... not troublemakers" and their actions are not considered bothersome. Doug Dorsey, a nearby resident, is the father of a 13-year-old son who grew up with the victim. Dorsey ran to the group of children after he heard the gun shot and notice the group of kids scattering away. As Dorsey approached, he noticed the victim hunched over, with his back covered in blood. For more read Louisville man charged with attempted murder after firing gun into group of kids, striking 12-year-old boy. Mr. Bishop will be entitled to the services of a Louisville criminal defense attorney or the services of the Public Defender's office.

By David Wolf, Attorney Published by Child Injury Lawyer Network

According to the United States Centers for Disease Control and Prevention, gun violence claims over 30,000 lives per year. For every person who dies from a gunshot wound, two others are wounded. In addition to those who are killed or injured, there are countless others whose lives are changed forever by the deaths and injuries of their loved ones.

A devastating example of gun violence occurred on the 500 block of South Eighth Street in Louisville, Kentucky. A three-year-old boy, Davion Powell was shot Friday night at a Louisville apartment complex. According to the investigators, an argument between residents broke out and escalated into gunfire around 11 p.m. The boy was shot during crossfire. Powell was in critical condition when he was taken to Kosair Children’s Hospital, and sadly he died Monday afternoon.

The investigation report shows that violence has been an ongoing problem at this apartment complex. Police were called to the same apartment the day before the shooting because several people broke out the windows to an apartment and assaulted a woman inside. The report also shows that when another woman tried to help, one of the suspects threatened her life with a handgun. Hours later the police responded to a different resident that said her window was broken out. The director of Louisville Metro Housing, Tim Barry, would not comment about the ongoing issues of violence but said the shooting was a police matter. A warrant has been issued, but no arrests have been made in connection with this case. For more information on this topic, see toddler shot in head dies.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisville, Kentucky and other towns and cities, there is one particular area at a home that can be and is extremely dangerous to children - "the driveway". Unfortunately and tragically, driveway or back over accidents and incidents continue to be reported in Kentucky and other parts of the United States. In Louisville, Fox 41 News reported that a 22 month old girl died as a result of getting hit by a vehicle in a driveway. It was reported that the vehicle was driven by the girl's father. This appears to be an incident in which the driver just did not see the child as he was back up or driving in the driveway. Toddlers are short and small and often times cannot be seen by a driver operating a vehicle in the driveway. News reports indicate that no charges are anticipated regarding this incident.

The death of a toddler due to a back over or driveway accident is quite tragic and a tremendous loss for the family and community. You can read more about this story at
Toddler Accidentally Hit By Vehicle in Family Driveway.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is now against the law in Kentucky to text while driving. If you are caught texting while driving you will only get a warning. However, starting January 1, 2011, you will be fined; $25 for the fist offense and $50 for subsequent offenses. The new law prohibits drivers from sending or reading text messages, instant message and emails. The law also completely prohibits drivers under the age of 18-years-old from using cell phones. Kentucky is 1 of 10 states to ban sending text messages while driving. And roughly 30 states have bans completely prohibiting the use of cell phones for drivers under 18-years of age.

According to Gov. Steve Beshear, there were more than 57,000 automobile accidents on Kentucky roads, and more than 200 fatalities, that were attributed to driver inattention and distraction. Lt. David Jude, Kentucky State Police spokesman, said 45% of automobile accidents in Kentucky are a result of driver inattention and distraction, it is by far the number one cause of collisions in the state.

The problem police still face in enforcing the new law is determining whether the driving was sending or receiving a text message.

The law permits adult drivers over the age of 18 to read, select and enter a phone number and name into a cell phone for the purpose of making a phone call. The law also permits these drivers to use GPS devices on their cell phones (drivers under 18 can use their phone's GPS device). The motorists can text while the vehicle is not in motion, for example, when the vehicle is stopped at a traffic signal. To read more details on the new law see Kentucky passes new law banning texting while driving.

The recklessness that results from texting while driving has been compared to the recklessness that occurs while driving under the influence of alcohol or other narcotics. This law is a step toward reducing the number of accidents on Kentucky roads as well as the number of injuries and fatalities resulting from driver distraction and inattention.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Taneshea Young, former owner of a Paducah child care center, has been scheduled for trials in state and federal court. During a hearing in McCracken District court, Young's attorney asked that his client's abuse case be tried after the September 13 federal trial. The motion was granted by judge Tony Kitchen, the state abuse trial is set for September 24. In state court, Young will defend against a third-degree abuse charge. The charges were filed against Young after employees of an automobile dealership found a 3-year-old sleeping in a Children's Creative Learning Center van, which was brought in for service. The federal trial involves charges of mail fraud. To read more on this story see Former daycare owner scheduled for trial in state and federal court.

The dangers of leaving a child in a vehicle are tantamount, the child can suffer from a heat stroke (hyperthermia) resulting in permanent disability or death. Daycare providers have a critical responsibility to care for the children in their custody. Daycare centers should be safe havens for children, because parents have entrusted the center to care for their children. State legislatures are creating new laws to make is more difficult for a daycare center to obtain a license. The new laws also create stricter screening procedures for the prospective daycare workers. To read more about the stricter screening procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers. To read more on the dangers of hyperthermia see Hot Temperatures and Cars - Be Aware of the Dangers to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 2-year-old was left at the Lousiville Zoo during a field trip by the toddler's daycare center. While state agencies investigate the incident, Kids Kozy Korner is banned from taking field trips. Although police say it is unclear how the child became separated from the group, they could confirm a zoo employee found the toddler alone near the entrance of the zoo and was forgotten by the daycare. Police also said it took nearly two hours to locate the daycare after they found the child. Mark Zoeller, assistant director of the Louisville Zoo, said the zoo gives out bracelets for kids to wears with space for adults to write contact information in the event a child does happen to become separated from his or her supervisor. The toddler was not wearing bracelet when she was found. After the incident, the employees who worked the field trip were fired, said another employee at the daycare. To read more on this story see Toddler left at Kentucky zoo by daycare.

Parents, adults, caretakers, babysitters, daycare workers, etc. all have duty to supervise and protect their children. Although field trips can be hectic, daycare staff should be efficiently trained and always have plan to identify children. A buddy system is a great practice to implement to ensure the whereabouts of children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former daycare worker is facing criminal charges regarding an incident that took place at the For Kids Only Child Care Center in Shepherdsville, Kentucky. The former day care worker, Ashley Miller, is accused of placing a pillow over a child's face who was enrolled in the day care center. According to the news report, there was video surveillance at the facility at the time of the incident. Assuming that the video was preserved and can be admitted into evidence, it may be a tough case for the child care worker to defend her actions. Placing a pillow over a child's face is dangerous and can lead to serious personal injuries and, in some cases, wrongful death. You can read more about this story at Former Day Care Worker in Sheperdsville, Kentucky Accused of Abusing 1 Year Old - Power of Video Surveillance Evidence.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisville, Kentucky, a man wrecked his car following an attempt to flee police after an attempted routine traffic stop. The Jefferson County Sheriff's Office reported the incident. In fleeing from the police, Miller Lee Smith, Jr. some how lost control of his vehicle which overturned. One child died and another was injured as a result of this crash. You can read more about this tragic and most avoidable crash at Man Arrested After Police Car Chase Leads to Child's Death and Another Child's Injuries.

By David Wolf, Attorney Published by Child Injury Lawyer Network In Sturgis (Union County), Kentucky, the joyous celebration of a wedding turned tragic when an 8 year old boy was found dead in the First Christian Church elevator. Zachary Waddell suffered injuries from an elevator that was built in 1963 at the church. According to the news report, Zachary was found with his head pinned in a church elevator. His family was in the process of cleaning up the church after his grandmother's wedding celebration. News reports did not contain much detail as to how long Zachary was in the elevator or how it was that his head became pinned in the elevator. Since it was a church, it was foreseeable that a child would use an elevator unless it was a restricted elevator solely used for freight or other tasks. An investigation will be conducted as to the circumstances involving the death of this child. It is a tragic loss for the family, church, and the community. You can read more about this story at Kentucky Boy Found Dead in Church Elevator.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky, working parents put children in day care for proper supervision and education during the work day. Parents expect that day care workers will properly watch the children and insure that the children are kept out of harm's way. In particular, day care workers should supervise children within the day care center and make sure that children do not wander or get out of the facility. The Little Angels Day Care Center in Mayfield, Kentucky was recently fined by the State of Kentucky after an investigation was conducted regarding a 2 year old who was found wandering outside of the facility unescorted and alone on or near a busy street. This day care center had prior incidents of children wandering outside of the day care center in the past as well.

Children lack good judgment and are at risk for being hit by a car and other dangers when the children are unsupervised. This is the very reason that children are placed in day care centers and not left alone at home. Day care centers are in place to reduce risks and dangers to children - not to enhance the dangers with poor supervision. Fortunately, no children were serious injured and no children died from the inadequate supervision; nevertheless, the risks and dangers were there and I believe that a fine and other sanctions are appropriate when these incidents take place. You can read more about this story at State of Kentucky Fines Western Kentucky Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisville, Kentucky, a Jeep ran into a school bus at an intersection. The Jefferson County school district reported that 15 people suffered personal injuries, 13 of the 15 injured were students from the Brandies Elementary School and Foster Academy.

Drivers should exercise caution when driving near any school buses. Children are at risk for injury in school bus crashes even if the the school bus is hit by a much smaller vehicle.

You can read about this story at 13 Hurt in Kentucky School Bus Crash.

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

A Christian County (Hopkinsville) Kentucky middle school student was arrested for bringing a gun to school. The boy, age 13, brought the gun to school and showed it to other students. It was a .45 caliber handgun with ammunition. While the weapon was not fired and it does not appear that the student intended on using the gun, the presence of the gun in the middle school did create a danger to the students and teachers. The gun could have accidentally been fired. Another student could have grabbed the gun and discharged it. The gun could have been used to threaten others. The combination of the gun with teenagers in a school system was a dangerous. Fortunately, nobody was injured or threatened with the gun.

You can read more about this story at Kentucky Middle School Student Arrested for Bringing Gun to School.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, high school football is a taken very serious by school officials, parents, students, and the community. On August 20, 2008 - during the sweltering heat of summer, Max Gilpin, age 15 collapsed on the football field from heat exposure / heat stroke. Tragically, Max died 3 days later. His high school football coach, David Jason Stinson, has been charged with reckless homicide. While there have been many reported heat exposure / heat stroke deaths, it is uncertain if any other cases have resulted in the criminal prosecution of the coach who directed and required practice under these conditions. Did Coach Stinson's conduct amount to a conscious or reckless indifference to the health, safety, and welfare of the players? What was the temperature that day? What was the length of practice? How many water breaks were provided? What amount of fluids did Max consume prior to and during practice?

Regardless of the outcome of this criminal prosecution, the Max Gilpin case shows the dangers of football practice in the heat of the summer for teenagers college students, and others. It is well known that a lot of hard work, practice, and conditioning go into a high school football team. It is also well known that heat stroke and heat over exposure can and does happen.

You can read more about this story and some comments by the coach at Kentucky High School Football Coach Indicted for Player's Death.