Child Injury Lawyer Blog

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.