Child Injury Lawyer Blog

By J. Rock Palermo, Attorney, Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Two Louisiana families suffered a major tragedy after teens from both families drowned. The seven teenagers were playing in the shallow waters of the Red River when one teen stepped of the slippery ledge and plummeted into much deeper waters. The other teens tried to save the boy, but they too were overpowered by the water and taken into the deeper water. The onlooking relatives, who could also not swim, desparately screamed for help as they watched their teens vanish and drown.

DeKendrix Warner, 15, was the first to fall in and was rescued by a bystander.
Those who did drown were identified as two families: the Warners and the Stewarts. The Warners who drowned were: Takeitha, 13; and her older brothers JaMarcus, 14 and JaTavious, 17. Among the Stewarts were: Litrelle, 18; LaDairus; and Latevin, 15.

The area where the drowning occurred was not a designated recreational or swimming area and no lifeguard as on duty. If you would like to read more on this story see 2 Louisiana families suffer from drownings on hot summer day.

This is a tragedy for these families and their community. It is important to understand the inherent dangers of water. Make sure a lifeguard is always on duty, do not swim in areas not designated for swimming, maintain constant supervision of child while around water and everyone who is not deemed a capable swimmer should be adorned with the proper life-saving equipment when practical and available.

By J. Rock Palermo, Attorney, Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Summertime in the south can be overwhelmingly hot. It is common for temperatures to reach well into the 90s with a heat index above 100 degrees. As the temperatures increase, the Louisiana Department of Social Services wanted to remind its residents of the dangers about leaving children unattended in automobiles--it can be deadly. Between 1989 and 2010, Louisiana DSS reported 16 children who have died as a result of heat stroke, otherwise known as hyperthermia.

Fourteen states have laws against leaving children unattended in vehicles, Louisiana is among them. First time offenders face a net fine up to $500 or imprisonment of up to 6 months, or both. Repeat offenders face net fines between $1000 and $5000, or jail time not less than 1 year or more than 2 years, or both. If you see a child unattended a car, contact local law enforcement authorities or 9-1-1.

The National Highway Traffic Safety Administration offers the following safety tips:

1. Teach children not to play in, on, or around vehicles.
2. Never leave a child unattended in a vehicle. Never.
3. Lock all unattended vehicles.
4. Check your vehicle before locking it. Make sure to look for sleeping children.
5. Do things to remind yourself that a child is in the vehicle; write yourself a note or place bags and other personal items in the backseat where the child is located.

To get more tips see Child Hyperthermia.

Also, if you would like to read more on hyperthermia see Hot Temperatures and Cars - Be Aware of the Dangers to Children.

By J. Rock Palermo, Attorney, Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Railroad crossings can be quite dangerous especially ones without lights and gates to warn or alert motorist of the approach of a train. There are thousands upon thousands of railroad crossing areas that are not properly equipped with gates and lights. Without such safety precautions and due warning to drivers, deaths and personal injuries related to train / automobile accidents continue to take place in Louisiana and other States. Train industry experts opine that railroad lights and gates are at least 90 percent effective in preventing railroad / train accidents with automobiles. Often times, railroad companies do not take any action until they are required to or until they get some kind of federal or public assistance to fund these basic and necessary railroad safety precautions.

In Independence, Louisiana, 4 family members / siblings were killed in a recent train accident. The railroad accident involved an Amtrak train known as the "City of New Orleans" when it struck the vehicle occupied by the children (ages 18 and younger) at an ungated railroad crossing. The children were identified as Emelia Alfaro (age 18), Eduardo Alfaro (age 16), Joel Alfaro (age 13), and Israel Alfaro (age 12). It was reported that Emelia Alfaro was 7 months pregnant at the time of the train accident. What a tragedy for the parents / grandparents of these children! The incident was reported and investigated in part by the Tangipahoa Parish Sheriff's department.

Due to the incident which resulted in deaths, there will be an investigation by local, state and Federal authorities as to the cause and preventability of this train accident. Of course, the family is not bound or restricted by this investigation. The family has the right to retain its own civil Louisiana personal injury lawyer to handle this matter and conduct its own investigation.

A thorough investigation would include an analysis of the scene, government reports and investigations, photographs, videotape, and an engineering or technical analysis of the incident or accident as well as witness statements.

There may be a legal case to pursue if it can be shown that there was negligence on the part of the train conductor, Amtrak, or other entities that had control over the train or railroad crossing area.

See also Railroad Safety - What Safety Precautions Are Taken? What Safety Precautions Should be Taken? Mother and Two Children Killed by Amtrak Train - No Crossing Arms or Gates and Railroad Injuries and Wrongful Death - What Are My Rights? What Are the Duties of the Railroad Company?

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisiana, legislation is being proposed that will encourage day care centers and child care providers to check day care vehicles before exiting the vehicle. In Louisiana and other States, children have been left behind in day care vehicles. Some children have even died from exposure to extreme cold or extreme heat after being left in the vehicle. Checklists and alarms can help avoid these tragic incidents. The Committee on Transportation, Highways and Public Works approved a bill that would require the Department of Social Services to prepare regulations to require child inspection alarms on day care center vehicles. The child inspection alarms would be activated once the vehicle is turned on. When the vehicle is turned off, the alarm will sound to remind the driver to check all parts of the vehicle. The alarm can only be shut off after the driver walks to the back of the vehicle. This relatively inexpensive device can save lives and better protect children. You can read more about this story at Panel Says Day Care Center Vehicles Must Have Child Inspection Alarms.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Slidell, Louisiana, a man was arrested and charged with the death of a 22 month old girl. As reported in the WWLTV News, the St. Tammany Sheriff's office believes that Rubie Boland was shaken and assaulted by her babysitter at the time - Andrew Roberts (age 20).

The grandmother called an ambulance to get some medical assistance for the child. She was then rushed to a local hospital but the doctors were unable to save her life from the alleged attack that caused this life ending personal injuries to this small child.

St. Tammany Sheriff Strain reported that Mr. Roberts was already having a "bad day" prior to the incident. Rubie Boland had a potty accident which is common for children of this age. Apparently, Mr. Roberts responded harshly to this incident by
picking Rubie up by her feet and slamming her against the floor.

The assault and truly excessive discipline alleged to have been committed by Mr. Roberts causes serious personal injuries and traumatic brain damages to this helpless and defenseless child.

You can read more about this story at Man Charged in Shaken Baby Assault / Attack Regarding Death of 22 Month Old Girl in Louisiana.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisiana, four children died and seven were critically injured in a van accident. According to a news story reported at Breaking News 24 / 7, the van was traveling on Interstate 10 near Baton Rouge, Louisiana when the van blew a tire. Thereafter, the van crashed into a delivery and then rolled over. The children, reported to have died from the accident, were Ricky Hines, Jr. (age 2), Lachante Floyd (age 12), Edward Barnes (age 14), and Ashley Hines (age 14). Louisiana police and automobile accident detectives will investigate this van accident to determine the following:

What was the make, model, and year for the van involved in the automobile accident?

What were the manufacturer specifications for seating for the van?

How many seatbelts were available on the bus?

Who was wearing a seat belt?

For toddlers and small children, were booster or child seats available?

What was the approximate speed of the van at the time the tire blew?

What condition was the blown tire in prior to the incident?

When was the van last repaired or maintained?

There are many facts to be determined by the investigation. Accidents like these do help illustrate the importance of planning and safety when transporting children. Vans and other vehicles should not be overloaded beyond manufacturer specifications or recommendations. Safety belts should be worn by all occupants. Toddlers, infants, and small children should have child seats or booster seats to better secure them when there is an accident. Finally, all vehicles should undergo periodic and consistent maintenance including but not limited to inspection and repairs of brakes and tires.

By J. Rock Palermo, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Hazing incidents continue to be reported in Louisiana and other States across the nation. Unfortunately, high school and college students in clubs, organizations, fraternities, and even marching bands feel a need to inflict physical harm and / or humiliation as pre-requisites to get initiated or get membership in the group. It was recently reported in the Atlanta Journal Constitution that a student is suing Southern University located in Baton Rouge, Louisiana over a hazing incident that took place off campus. Southern University will argue that the incident took place off campus and that the University did not sponsor or have knowledge about the incident. The attorney for the victim may argue that there was a lack of supervision by the University and that the University knew or should have had knowledge of past incidents of hazing yet took no action to intervene. It is by no means an easy case to pursue on behalf of the victim. It will be interesting to see how the court case turns out and what information is obtained through the court case.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Baton Rouge, Louisiana, a child died while under the care of Wanda's Kids World (day care center / child care center). It has been reported that Wanda's Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda's Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.

It has been reported that there was a automobile insurance policy in place for the van. This automobile insurance policy should provide coverage for the wrongful death. Like the liability insurance policy, the automobile insurance policy should be reviewed to determine the amount of coverage and other terms of the policy.

Liability insurance policies typically cover incidents that take place at the day care facility and during times of supervision outside of the facility. It is common to see exclusions for vehicle related incidents. Since the incident involving the van did not involve an automobile accident, there may be some ambiguity in the liability insurance policy as to coverage. This may be the reason that Colony is seeking a Court order on this matter.

You can read more about this story at Insurer (Colony Insurance) Files Lawsuit That Claims Van Is Not Covered Under the Insurance Policy.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sheriff Bobby Guidroz of St Landry Parish, Louisiana has good advice for parents: Never leave a child unattended in a vehicle - not even for a minute. This summer, there have been several deaths in Louisiana and throughout the United States involving children who have been left in hot cars / vans that have caused serious personal injuries and deaths. Some incidents have involved parents and some have involved schools and day care centers. Injuries of this nature (hyperthermia) are completely avoidable with better supervision and due care on the the part of the parent, caregiver, teacher, counselor, and / or bus driver.

Sheriff Guidroz recently pointed out that there were 42 deaths of children left in cars in 2008. Since 1998, there have been over 400 deaths. A majority of these incidents have involved a caregiver. Sheriff Guidroz also points out that hyperthermia (heat stroke) can happen in a matter of minutes since a vehicle can get almost 20 degrees hotter in a short time span. You can read more about Sheriff Guidroz's advice and the dangers of leaving children unattended in vehicles at Louisiana Summer Safety Stressed.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A day care center in Baton Rouge Louisiana was recently shot down by the State of Louisiana Department of Social Services. Damiyn McElveen, a 3 year old enrolled in the day care center, was found dead inside the day care center's van this past week. Investigators believe that the toddler was mistakenly left in the van on a hot summer day in Baton Rouge, Louisiana. An full investigation will be conducted as to the circumstances and staff members responsible for the incident. In hot summer months, it is especially dangerous to leave any child unattended in a vehicle. Regulations and procedures were not followed. Otherwise, Damiyn McElveen would not have died in the day care center's van. You can read more about this story at Baton Rouge Louisiana Day Care Center is Shut Down by the State of Louisiana.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Baton Rouge, Louisiana, school officials and law enforcement may have help avoid a disaster in the form of a school shooting by taking action to arrest a 13 year old and remove an assault rifle from school grounds. At the Southeast Middle School on Harrells Ferry in Louisiana, a 13 year old brought a military style Ruger mini 14 assault rifle to school and place the rifle along with high powered rounds of ammunition in his locker. Other students informed school officials that the weapon was inside the student's locker. Telling school officials about a dangerous weapon was wise and brave of these students who, in turn, may have helped save the lives of fellow students and teachers. Within five minutes of receiving the information, school officials contacted the resource police officer and located the gun.

Tragedy was avoided in that no students suffered personal injuries or death by a student on a mission to harm others with this assault weapon. School officials and police should be commended for quick, calm action that helped diffuse a very dangerous and potential deadly situation. You can more about this story at
Louisiana Middle School Student Arrested for Bringing Assault Weapon with Ammunition to School.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Orleans, Louisiana and other cities, guns are dangerous when placed in the hands of a young child or accessible to a young child. Of course, many gun enthusiasts believe that guns and children go together as long as their is training and supervision. Training and supervision combined with good judgment are all vital to gun safety and the prevention of gun related personal injuries and wrongful deaths. In New Orleans, Louisiana, a 20 year old man (Adrian Kelly) was accidentally shot when he attempted to take a gun away from a 4 year old boy. Details from news reports were vague. I would be interested to know the following:

Was the gun registered?

Who was the registered owner of the gun?

Where was the gun stored?

How did the child gain access to the gun?

Where did the incident take place?

How long did the child have access to the gun?

It is tragic that a young man lost his life from this accidental shooting. You can read more about this story at Man Accidentally Shot in New Orleans, Louisiana When Trying to Take Gun Away from 4 Year Old Boy.

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 J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Louisiana helicopter heading for an offshore oil platform crashed in a Louisiana marsh leaving eight dead and one injured. It is a tragic incident for those in the helicopter as well as their families. The helicopter was operated by PHI, Inc. News reports state that the helicopter crashed a short time period after take off. The helicopter was operated by two pilots and had seven passengers. The crash took place near New Orleans in a marsh located in the Terrebonne Parish. The seven passengers were employees of two Shell Oil Company contractors as they were traveling to the oil platform. In most States, there are specific laws in place dealing with wrongful death worker's compensation matters. In addition, there may be a third party liability case against the helicopter operators, owners, and manufacturers for the wrongful deaths and personal injuries. The National Transportation Safety Board and other government agencies will conduct an investigation as to the cause of the crash. The NTSB will examine the flight recorders, wreckage, and other evidence and artifacts from this crash.

The victims of this crash were identified as Andrew Moricio, Ezequiel Cantu, Allen Boudreaux, Randy Tarpley, Jorey Rivero, Charles W. Nelson, Stevem Yeltin, Thomas E. Ballenger, and Vyarl W. Martin. The victims were from various States including Louisiana, Florida, Texas, and Alabama.

You can read more about this tragic crash at Helicopter Heading for Oil Platform Crashes in Louisiana.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A near drowning incident of a 2 year old (Jessica Wheat) in an apartment complex pool in Lake Charles, Louisiana shows the importance of safety precautions and measures for swimming pools that can be accessed by children. There was a four foot fence around the pool at the Wilshire Apartments which was undergoing renovation. In fact, the pool had been closed for about 1 year. Unfortunately, someone had removed some of the fence near the locked gate. This, in turn, had given access to Jessica to get into the pool.

The reason for proper barriers, fences, and safety measures is to protect children from serious personal injuries and wrongful death. It is well known that children will wander. Children are curious and think of pools and other areas as places of adventure rather than places of danger. These attractive nuisances need to be safeguarded to prevent tragedies like the Jessica Wheat incident from taking place. You can read more about the Jennifer Wheat incident at Near Drowning at Lake Charles, Louisiana Apartment Complex. The near drowning incident put Jennifer Wheat in critical condition and into the Memorial Hospital.

The Center for Disease Control and Prevention reports that between 300 and 350 children drown every year in swimming pools. Most of the incidents took place while the child was being supervised by a parent. Furthermore, the drowning incidents typically involved inattention by the supervising parent or adult for five minutes or less.

Because of the shear danger of drownings and swimming pools, it is vital for Louisiana parents, caregivers, and adults responsible for the supervision of children to be diligent at all times for the safety, protection, and welfare of children. Children die every year in public pools, neighbor's and friend's pools and, yes, at home. You can read about a tragic death that took place in Houma, Louisiana at Grieving Louisiana Family Aims to Get Swimming Pool Law in Effect.

Whether there is a law in your State requiring a barrier or fence or not, all pool owners including homeowners, hotels, motels, and resorts should take reasonable precautions to prevent drowning deaths and serious injuries to children.