Child Injury Lawyer Blog

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Violence comes in many forms in today's world. Children are affected by violence very day. Some suffer physical personal injuries from assaults, battery, sexual molestation, shootings, fights, and bullying. Others suffer psychological injuries or mental pain and suffering from acts of violence. Some children suffer both physical and psychological injuries from acts of violence whether the children are the actual victims or targets of the violence or just witness the violence.

Symptoms of PTSD include attention problems, sleep problems, intrusive thoughts, nightmares, flashbacks, and other symptoms of psychological distress.

Dr. Shakira Franco Suglia at the Harvard School of Public Health located in Boston, Massachusetts, conducted previous research on children. He identified a disruption of the stress hormone called cortisol in children with a diagnosis of PTSD. Dr. Suglia another now believe that they have found similar findings in children living in urban communities who are exposed to community violence.

Psychological distress often manifest itself in behavioral and developmental issues. It can have far reaching affects on a child from his or her functioning at home, school, and with friends.

You can read more about this story at Children Exposed to Violence At Risk for Psychological Distress.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other states, school bus drivers should pay close attention to driving and supervising the children on the bus. School bus drivers should not use mobile phones while driving and certainly should never text message while driving. School bus drivers who allow themselves to become distracted by such technology put children in danger and, yes, risk the loss of a job. In Massachusetts, a school bus driver was caught texting and driving on video on a student's mobile phone. First Student, the school bus company based in Cincinnatti, Ohio fired the bus driver who was driving Clinton, Massachusetts students from Assabet Valley Technical High School.

You can read more about this story and actually see a You Tube video of the incident at School Bus Driver Caught Texting on Massachusetts Route.

By Ryan E.Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other states, operators of public transportation vehicles like buses and trolleys are using their cell phone and mobile phones on the job. What's wrong with this? Everything is wrong with this if the use of the cell phones / mobile phones distract the drivers and cause serious accidents involving personal injuries and, in some instances, death. Text messaging and e mailing from cell phones / mobile phones are especially dangerous acts. The driver / operator's eyes are on the cell phone / mobile phone screen rather on the road and traffic. This in turn, puts the people in danger including the trolley passengers, pedestrians, other motorists, and bicyclists.

In Boston, Massachusetts, the head of the transit authority recently stated that he may ban all train and bus operators from carrying cell phone / mobile phones. This statement was made following an accident involving a trolley operator who was texting his girlfriend just prior to an underground trolley accident.

In the recent underground trolley accident, over 40 passengers were injured when one trolley crashed into another trolley at 7:20 p.m. The trolley operator admitted to police that he was text messaging his girlfriend at the time of the crash. Officials stated that the trolley operator would be fired if he was indeed texting at the time of the crash. Criminal charges will be considered the by the police and district attorney's office.

You can read more about this story at Boston Authorities Considering Ban on Cell Phones / Mobile Phones While Operating Trolleys, Trains, and Buses.

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 Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An 11 year old Springfield, Massachusetts boy recently committed suicide after daily
taunting and teasing incidents of being gay. His mother made weekly pleas to the school about the problem that ended in her son's death. Carl Joseph Walker-Hoover died by hanging himself.

A child should not have to endure such teasing and taunting anywhere, and certainly not at school. Teasing and bullying takes many different forms, and unfortunately bullies will find something to pick on. Schools are meant for education, and this education needs to include teaching the bully what his or her actions do to others, and to also work with all children to explain that bullies are often acting out of their own insecurities. Teachers need to be better trained to notice bullying and its victims.

Even though schools should be havens of safety and education for children, unfortunately, they are often the source and location of angst for children who are gay, appear to be gay, or are singled out by bigoted and ignorant students who label or accuse them of being gay. Sexual orientation in one direction or another is no excuse whatsoever for intolerant bullying behavior any more than the color of someone's hair or skin.

Almost 90 % of LGBT (lesbian - gay - bisexual - transgender) teens report that they have been verbally harassed at school. Over 40 % report being physically harassed. This is simply unacceptable. Children should be taught that everyone is different, and to appreciate and accept those differences. When needed, schools should take swift corrective action to ensure that bullying isn't tolerated. Far too often victims of bullying end up committing suicide or committing acts like those that occurred ten years ago in Columbine, Colorado. The stakes are simply too high to allow what happened to young Carl Joseph Walker-Hoover to happen again.

You can read more about the problems with bullying in schools at Bullying of Gay Students - Problem and Statistics.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Center for the Study of Traumatic encephalopathy (CSTE), at the Boston University School of Medicine is researching a type of brain damage called chronic traumatic encephalopathy (CTE). This type of brain injury is caused by concussions. Until recently, concussions were concerned invisible type of injuries that are associated with a jarring blow to the head that temporarily affects the senses. Occasionally, concussions lead to unconsciousness. Autopsies and studies have revealed the presence of CTE in former NFL players as well as even young players.

Many children dream of playing in the NFL. What is not seen on Sunday afternoon games is the lifelong injuries suffered by NFL, college, and even high school football players and athletes over a life time.

You can read more about the studies of CTE at Dead Athletes Autopsies Show Brain Damage from Concussions.

By Ryan E.Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents and caregivers who smoke often try to blow the smoke away from their children. This provides a false sense of safety to parents who think that they can keep harmful smoke from their children. Unfortunately, there is another danger to children beyond second hand smoke. It is being called "Third Hand Smoke" which refers to the gases and particle that cling on smokers' hair, clothing, furniture, car seats, and other objects. This residue, to which children are exposed, includes heavy metals, carcinogens (cancer causing agents), and even radioactive materials that a child may ingest.

Doctors at Massachusetts General Hospital for Children in Boston came up with the term "Third Hand Smoke" after completing a study into the components and dangers of "Third Hand Smoke". You can read more about this study and story at Third Hand Smoke - Doctors at Mass General Hospital for Children in Boston Identify Dangers to Children.

By Ryan E.Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Monkey bars are placed on playgrounds in Massachusetts and throughout the United States. Children love hanging from, hanging upside on, crossing, standing on, and sitting on monkey bars. Many children enjoy the challenge and the height of monkey bars. The problem is that children fail to appreciate the dangers of monkey bars and sustain serious personal injuries from falls from monkey bars. A Boston, Massachusetts medical study mentioned on the the American Academy of Pediatrics Website concluded that serious injuries result from falls from monkey bars. The study reviewed admissions to emergency rooms and the injuries reported in these medical records.

A school, day care center, and others who are responsible for the supervision of children should seriously consider safety when deciding to install new monkey bars or deciding to remove old ones. If monkey bars are in place, the school, day care center, and others should consider the height and size of the monkey bars, the positioning of the monkey bars, and the size of the children.

It is important to ensure that there is adequate supervision of children playing on monkey bars. Parents should make sure that their children are being properly supervised, if they have any concerns, should immediately speak to the caregiver about removing the monkey bars unless proper supervision is consistently provided to the children.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Although statistics reflect that the percentage of uninsured motorists has decreased in Wisconsin and nationally in the past few years, there is a concern that recent economic problems may result in a rise in the number of uninsured motorists. In a recent study conducted and released by the Insurance Research Council (IRC), it estimated that nationally in 2007 approximately 13.8 % of motorists were uninsured. The study provided data, by state, as to the percentage of uninsured motorists, with the highest being New Mexico and Mississippi, at 29% and 28%, respectively, and the lowest being Massachusetts and Maine, at 1% and 4%, respectively. Wisconsin's estimated percentage of uninsured motorists in 2007 was 15%, ranking it in the highest third of uninsured motorists in the nation. The study found a strong correlation between the percent of uninsured motorists and the unemployment rate. To view the News Release, dated January 21, 2009, by the IRC, go to Study and Statistics as to Uninsured Motorists.

As problems with the economy continue and as more jobs are lost, it is expected that the percentage of uninsured motorists will increase from 13.8% in 2007 to 16.1% in 2010. Wisconsin mandates that auto insurance policies written in the state include uninsured motorist coverage, to protect injured victims of vehicle collisions with insurance coverage for their medical expenses and damages, however, it is clear that without mandatory vehicle insurance, responsible citizens who purchase auto insurance coverage will continue to pay for injuries caused by citizens who fail to purchase insurance on their vehicles.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, children in child care / day care suffer personal injuries on playgrounds and outside areas. Some personal injuries result from poor supervision or negligent inspection / maintenance of playground equipment. Some personal injuries result from a poor design or dangerous heights of playground areas. Many injuries on playgrounds in Massachusetts day care / child care centers can be avoided with diligent supervision, properly designed playground areas considering the size and age of the children, and consistent maintenance.

Pursuant to the Department of Early Education and Care - Group Child Care Licensing Regulation P-GCC/SA-32, playgrounds must have impact absorbing ground surfaces in order to provide a safety barrier for child playing on playgrounds. This especially applies for playgrounds with any elevated surfaces and play equipment. Under this regulation, the Department has a chart as to the amount of compressed or uncompressed wood mulch, sand, wood chips, and other surfaces that must be used as ground cover for playgrounds. The purpose of this regulation is to prevent injuries or reduce the severity of injuries sustained by children on playground areas in Massachusetts child care / day care centers.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts, each child care licensee (owner / operator) must maintain records of training opportunities provided to or available for staff members. Training is vital for all child care providers so that each child is provided with a safe day care environment. The State of Massachusetts Department of Early Childhood Education pursuant to Regulation P-GCC/SA-18 - Staff Training is to required to maintain documentation for such training for inspection and review by the Department of Early Childhood Education. The documentation must include the date, time, and duration of the training. In addition, the documentation must include the topic presented, the name of the trainer, presenter, or speaker, and the names of all staff members who attended the training.

Day care and child care centers in Massachusetts have a duty to train and supervise its employees. In many instances, children are seriously injured due to inadequate supervision by a child care provider who lacked the training and experience to provide for the safety and well being of children. Day care and child care centers should put a priority on training of child care providers.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Commonwealth of Massachusetts regulates day care centers / child care centers through the Department of Early Education and Care, otherwise known as The EEC. The EEC licenses child care programs and enforces regulations to promote the health, safety and welfare of children in Massachusetts' child care facilities. The Massachusetts Department of Early Education and Care Official Web site contains rules, regulations, procedures, applications, and other information as a resource to parents, child care licensees, and the general public.

Child care programs, under the licensing and regulation authority of the EEC, include family child care homes, school age child care programs, child care centers, residential programs for children, adoption and foster care placement programs.

In addition to licensing, regulation, and inspection, the EEC also investigates complaints against child care centers that are filed or called in by parents, caregivers, and other interested persons. Many complaints involve serious personal injuries to children in a Massachusetts child care center. While compliance with the EEC's rules and regulations cannot prevent all incidents or injuries from taken place, compliance can certainly help reduce the number of incidents or injuries to children in child care centers in Massachusetts.

In addition to the EEC, parents and caregivers can seek the advice, counsel and representation of a Massachusetts child injury lawyer as to the rights of the injured child and the legal responsibilities of the child care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Charter Bus carrying Boy Scouts from Massachusetts and other buses and vehicles were in an accident on a snowy New Hampshire highway. Officials from New Hampshire reported that a total of 59 vehicles were involved in this accident. Fire Rescue reported that the most common injuries were fractures to ankles and legs. No deaths or life threatening injuries were reported. You can read about this crash at Charter Bus and Vehicles Crash on Snowy New Hampshire Highway.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Georgetown Public School System in Massachussetts is considering giving students instruction in dealing with gunmen on school grounds. It is part of the "Code Blue" safety program. The instruction would include telling children to use backpacks or textbooks to try to fend off the gunman. A school resource police officer suggested the program in Georgetown, Massachusetts after hearing of a similar program being offered in the State of Florida. The instruction may need to be judged on results. If a child dies as a result of taking some kind of initiative or action as instructed, then many will say it was a bad idea. If a child is saved with such intervention, the school district and officer may be then seen as innovative heroes. You can read more about this program at Controversy Over Instruction to Teach Students to Fight Back Against Gunmen in Georgetown, Massachusetts.

By Ryan E.Alekman, Attorney, Jeremey Vishno, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Christopher Bizilj, an eight year old from Ashford, Connecticut, died as a result of an Uzi sub-machine gun accidental shooting at the Machine Gun Show and Firearms Expo at the Westfield, Massachusetts Sportsman's Club. Christopher's father had given permission for his son to handle the gun prior to the incident. It is interesting to note that the father, Charles Bizilj, is the Director of Emergency Medicine at Johnson Memorial Hospital in Stafford, Connecticut. As such, it would appear that Dr. Bizilj has seen his fair share of gun shot wounds and injuries - both intentional and accidental type of shootings.

While Christopher was shooting the Uzi, it recoiled, he lost control, and then accidentally shot himself in the head. This is a true tragic course of events for the Bizilj Family and all involved with the incident.

The shooting shows the importance of gun safety and the dangers of putting a high powered weapon into the hands of an eight year old.

Massachusetts is a comparative fault state when dealing with negligence cases. In other words, a victim and / or the victim's family can collect compensation for injuries or death even if the victim or someone else was negligent as well. The amount of recovery or compensation is reduced by the amount of negligence on the part of a victim or a third party.

Jerry Belair, a spokesman with Stop Handgun Violence, a non-profit organization based in Newton, Massachusetts, noted that the Uzi is used in battlefields and that "it's not a toy. It's not something to play with."

In this instance, it is arguable that the father was negligent in allowing his son to fire the Uzi; however, it would appear that the gun show promoters, organizers, and instructor had superior knowledge to that of Christopher and his father, who practices medicine but probably does not hold himself out as a firearms expert or instructor.

The demonstration involving putting an Uzi in the hands of an eight year old put this child at unreasonable and unnecessary danger which in turn caused the untimely and tragic death of an eight year old boy. You can read more about this story at Boy Accidentally Shoots Himself with Uzi at Massachusetts Gun Show.

Jacksonville Estate Planning Lawyer, David Goldman who writes the NFA Gun Trust Lawyer Blog has an analysis of the violations of the NFA that occur when a child is allowed to use a Machine Gun. David Goldman also suggests how a NFA Firearms Trust can provide asset protection for owners of Class 3 weapons and firearms in general. Whether a person, business or trust owns a gun, safety is key to protecting yourself, children, and anybody within firing distance of a gun.