Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A new study done by the University of North Carolina at Chapel Hill and partially funded by the National Institute of Child Health and Human Development, has quantified the extra financial burden carried by low-income families with a special needs child. The study was designed to look at cash outlay for special medical services based on the state in which the affected family lives. The study found that the financial burden varies significantly from state to state.

The most impacted families are low-income families in Georgia, who spend an average of an extra $971.22 in out of pocket expenses for a child requiring special medical care. Massachusetts had the lowest out of pocket expenses at $561.97. Florida was number forty six with $855.19.

The study also looked at the percentage of affected families paying for extra care out of pocket; Mississippi had the highest percentage, with 94% of families with a special needs child paying extra expenses for their care. Michigan had the lowest percentage at 86%. Not surprisingly, states with more substantial Medicaid and State Children’s Health Insurance Programs place the least financial strain on families. Read more about the study and see the full list of extra payments by state at Special-needs families hit hard by out-of-pocket health care costs.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Oscoda Township, Michigan police are investigating an accident in a supermarket parking lot that took the life of a twelve year old girl. Reportedly, the driver of a 1999 Buick was backing out of his parking space when he lost control of the vehicle due to an alleged mechanical failure. The car spun out of its spot in reverse, crashing into the entrance of the market where a woman and three children where exiting. All three children were hit by the car, the twelve year old died at a local hospital, a nine year old girl was airlifted to the hospital, and a four year old boy was treated and released. The driver of the Buick has been questioned, but no charges have been filed.

This very tragic accident is an example of the terrible injuries that can be caused by a mechanical failure. While the specific failure in this case was not mentioned, it will certainly be the subject of much scrutiny if this case goes to court. Find out more about this tragic accident that took the life of a child at Police Investigating Child Death in Iosco County.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan, Governor Jennifer Granholm signed a law into effect to help distinguish or define babysitting from required day care licensing. The law states that babysitting is exempt from Michigan licensing and regulation if the babysitting is provided for free or involves less than $600.00 per year of annual payment or income. See Michigan Law Clarifies Babysitting / Day Care.

A friend or neighbor who gratuitously watches a child is not subject to regulation. With or without this law in effect, there is a problem in Michigan and other States with people who operate a day care center without obtaining a proper license. Parents should be wary and cautious about using such facilities. Without State oversight and inspections, many unlicensed day care centers have safety and supervision issues that put children in danger.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Iron River Township, Michigan, a 5 year old died in an ORV (Off Road Vehicle) accident. The accident took place on Amvets Highway in the morning. The driver of the ORV was Kimberly Lewis, a 36 year old woman from Larsen, Wisconsin. Ms. Lewis suffered a leg injury. The child, who was wearing a helmet, died as a result of the accident. While helmets are necessary safety devices, they cannot prevent all serious injuries from ORVs (Off Road Vehicles) or ATVs (All Terrain Vehicles). You can read more about this story at 5 Year Old Dies in Off Road Vehicle Accident in Michigan.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan and other States, drivers should exercise due caution when making left hand turns across lanes of traffic. This is especially true in school zones or where there are day care centers. In Genoa Township, Michigan, a serious automobile accident took place when a driver (Eric Wint) attempted a turn onto Grand River Avenue. Michigan State Police are conducting an investigation into this accident. According to a Michigan State Trooper, it is believed that Wint may not have seen the other vehicle in this T Bone type of accident. The impact of this crash pushed Wint's Chevrolet Malibu into a local day care center (School Bell). None of the 40 or so students were injured as a result of this automobile accident. Mr. Wint was transported to the hospital with serious injuries. The other driver was also transported to the hospital and later released. You can read more about this automobile accident and see a news video regarding the crash at Driver in Critical Condition Following Michigan Crash into Car and Day Care Center.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Detroit and other cities, even standing at a bus stop can prove to be dangerous. Recently, gunmen opened fire on a group of teenagers in Detroit. Seven teenagers were wounded. The incident took place near Cody 9th Grade Academy. Police later recovered a green minivan that is believed to be the vehicle used by the shooters to flee away from the scene. It is unfortunate the children attending summer school are put at risks of violence and shooting just for attending class. Hopefully, police will capture the gunmen and there is a reduction of violence in and around Detroit and other cities. You can read more about this story at Shots Fired at Bus Stop Near School in Detroit, Michigan.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

It is clear that passenger vehicles are no match for passenger trains when it comes to a crash or collision. In Canton Township, Michigan, it is reported that up to five teen were killed in an accident involving a passenger train and a passenger automobile. News reports indicate that the driver of the passenger automobile may have ignored a railroad gate by driving around it prior to the crash. It is certainly a tragic accident and a great loss for the families of the teens who died as well as the families of the teens. Amtrak and its officials have taken the position that neither the company or the employees committed any errors or negligence as to this incident. You can read more about this story at Tragic Train Accident in Canton Township, Michigan Leads to Deaths of Teens.

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 Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Michigan authorities are conducting an investigation regarding the death of a 9 year old quadraplegic girl. Tragically, her body was found inside a public storage facility.
Shylea Thomas, age 9, lived in Flint, Michigan. She was quadraplegic and needed a feeding tube for nutrition. Genesee County Prosecutor David Leyton, investigators, and police officers are conducting this investigation. Shylea had not been seen for six weeks and relatives reported her missing. Her adoptive mother, who was also the child's aunt, was taken into custody. Shylea's body was placed into garbage bag that was surrounded by moth balls to try to mask the smell of the body.

Investigators are puzzled as to why the child was missing for 6 weeks before anybody reported this matter to police. You can read more about this story at Quadraplegic Girl, 9, Found Dead in Storage Facility.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Family dogs are members of the family. Unfortunately, the family dog / family pet can sometimes be a very dangerous animal. In Eastpointe, Michigan, a Pit Bull Terrier mauled and killed a 1 year old boy. The father then killed the dog. The dog was shot with a handgun. The boy was taken to St. John Hospital where he was pronounced dead. Lt. Darrell Corsi stated that the incident would be investigated further.

Pit Bulls and other breeds appear frequently in the news regarding attacks on children and adults. The dog feels threatened or becomes aggressive and then attacks. Sometimes, there is no warning whatsoever to the attack. I would caution families with small children about getting a Pit Bull or other aggressive breeds. Speak to a Veternarian and do some research before putting your children in danger.

You can read more about this tragic attack in Eastpointe, Michigan at Pit Bull Fatally Mauls and Kills Michigan 1 Year Old.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

People take their parking lot spaces very seriously. Sometimes, people put too much effort and anxiety into parking spaces. In Detroit, Michigan, a 17 year old girl was shot after her father and another man had an argument. Police reported that the argument may have been over a parking space at a Detroit Coney Island. Following the argument, two vehicles left the parking lot but the argument and tempers continued to the point that the driver of one of the vehicles (a Ford SUV) into the other vehicle that was occupied by 17 year old - Octavia McLawrence.

The shooting and senseless death of this 19 year old are under investigation and the shooter is on the loose.

You can read more about this story at 19 Year Old Shot After Parking Lot Dispute in Detroit, Michigan.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan and other States, children are often times abused and neglected in child day care centers. When it comes to discipline, many Michigan child care providers use a fist or a belt rather than a calm voice and reason when dealing with children. Corporal punishment in child day care centers is prohibited pursuant to Rule 400.5107, Discipline, Licensing Rules for Michigan Child Care Centers. Punishment in the form of hitting, spanking, biting, pinching and other physical or corporal punishment type of acts are clearly prohibited under this rule. In addition, a child care center can not take away food as punishment or tie up or restrain a child. There are some exceptions to these general rules when the health and safety of the child or others are at risk. Michigan child care centers have a duty to refrain from these acts. If discipline is necessary at the child care center, the child care workers have a duty to promote self control, self direction, self esteem and cooperation rather than resorting to physical violence and corporal punishment.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan, child day care centers have a duty to properly staff the facility and supervise the children. In order to promote adequate staffing of child day care centers, the Michigan Department of Human Resources promulgated rules and regulations that require child day care centers to have certain staff to children ratios in place for the safety and supervision of the children. Pursuant to Rule 400.5105 Supervision and Ratio Requirement, Michigan Licensing Rules for Child Care Centers, staffing ratio requirements are as follows:

Number / Age of Children------------------Staff Ratio Requirements
7 or more children over the age of 3--------- A minimum of 2 staff members
Children 3 Years of Age------------------- 1 Caregiver for every 10 children
Children 4 Years of Age------------------- 1 Caregiver for every 12 children

Ratio requirements vary for toddlers, infants, and mixed groups. While it is important to comply with the ratio requirements, it also important for staff members to be alert and attentive to the needs of every child. People employed by child day care centers in Michigan and other States have an important duty to protect and serve the children in the facility. When a staff member does anything less than his or her job, injuries frequently occur that could have otherwise been avoided or prevented.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Michigan Department of Human Resources licenses and regulations child day care centers. Children often suffer serious personal injuries and, in some instances, death as a result of negligence maintenance and / or supervision of children under the care of a Michigan child day care center. Pursuant to Rule 400.5111a, Michigan Licensing Rules for Child Care Centers, a child day care center has a duty to verbally report any serious injury or medical condition requiring emergency medical care at a hospital or health care facility. Thereafter, the Michigan child day care center has a duty to report the incident / persona injuries to the Department of Human Resources within 72 hours of the incident on a form approved by the Department of Human Resources.

Unfortunately, many of these reported incidents in Michigan child day care centers are preventable. Better maintained equipment and furnishings in the facility can help avoid or prevent injuries. Furthermore, supervision is vital to preventing injuries, or at least, reducing the number of serious personal injuries sustained by children in Michigan child day care centers.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

As parents, we all do our best to shield our children from dangers and indecent acts to the best of our ability. We can control, to some extent, what our children watch on television and where they go. Unfortunately, there are people out there in Michigan and elsewhere who do very strange things in public places. At times, children are exposed to such conduct. The criminal defendant was observed a a car wash and seemed to be up to suspicious activity. A Thomas Township, Michigan police officer parked near the area and then approached the criminal defendant on foot and caught the criminal defendant in the act of committing a sex time act with a car wash vacuum. You can read more about this story at Caught in Vacuum - Michigan Judge to Sentence Man for Indecent Exposure.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Michigan Department of Human Resources licenses and regulations child day care centers. The facilities have a duty to follow and comply with the regulations. A parent or guardian of a child can file a grievance or complaint against a Michigan child day care center if the parent or guardian believes that the center is not complying with its obligations to follow the regulations which include proper supervision of the children in a safe environment. The Michigan Department of Human Resources publishes a Citizen's Guide to Filing a Complaint against a Licensed Child Care Provider. This is an administrative type of complaint. In other words, the filing of a complaint or grievance will result in an investigation by the Department of Human Resources which may result in sanctions, fines, or (in extreme cases) license suspension or revocation. The filing of this type of Complaint, however, is not a substitute to a civil lawsuit or a substitute for a Michigan child injury lawyer. Through a civil lawsuit or claim and a Michigan child injury lawyer, a parent or guardian can pursue a case for compensation against the day care center / child care center for medical bills (past and future), pain and suffering, and loss of enjoyment of life caused as a result of personal injuries sustained at the facility. If there are any concerns or questions when a child is injured at a Michigan day center center, contact a Michigan child injury lawyer for advice, consultation, and representation. Injury cases caused by negligence are handled on a contingency basis (i.e. no recovery - no fee).

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Michigan Department of Human Resources regulates child day care centers and homes. When considering or re-evaluating a child day care center,it is important for parents and caregivers to obtain licensing information regarding the child day care center. The Michigan Department of Human Resources has a helpful website that allows parents and caregivers to obtain information on child day care centers Statewide throughout the State of Michigan. Parents and caregivers need to be proactive when selecting a child day care center. In addition, once a child is enrolled and attending a child day care center, it is important for the parents and caregivers to periodically check with the Department of Human Resources to make sure that the license is in good standing and that no serious violations of the regulations are taking place at the facility. Unfortunately, many licensed child day care centers in Michigan fail to follow and comply with the regulations. Even ones that do often times fail to properly supervise the child in the facility or fail to provide a safe environment for the children. As a result, children suffer preventable personal injuries in Michigan child day care centers. When this happens, it is helpful to consult with a Michigan child injury lawyer to review the injured child's rights and applicable laws.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A nationwide sweep of child prostitution rings resulted in the arrest of 571 people in 21 cities. In Michigan, three children were rescued from one of the prostitution rings. The Federal Bureau of Investigation (FBI) along with State and local law enforcement agencies raided the prostitution rings in an organized effort to save these children and lock up these sexual predators and offenders. Michigan law enforcement agencies participated in this sting. These agencies included the Southeast Michigan Crimes Against Children Task Force, the Ann Arbor Police Department and other agencies.

The individual criminal suspects involved with these prostitution rings should pay dearly for these crimes against children. Forcing a child into a prostitution ring is among the most heinous crimes imaginable. Hopefully, the criminal justice system effectively removes these individuals from the community.

You can read more about this story at the Detroit Free Press - Operation Cross Country III Rescues Michigan Children and Others From Child Prostitution Rings.

It is terrible when a stranger hurts our children. It can be argued that it is far worse when a child's own mother harms her child. In Detroit (Wayne County), Michigan, a Detroit mom and two men were charged with promoting prostitution when the police raided a home with 19 adult female prostitutes and 2 16 year old girls which included the mom's daughter. Wayne County Sheriff's office reported that it was a cash for sex party which involved a $15.00 cover charge and a negotiated payment for various sex acts with the prostitutes. The Detroit Mom could teach a class in "Bad Parenting 101". For details on how to be one of the worst moms ever, you can read the articled at the Click On Detroit Web site at 3 Charged at Sex Party in Detroit, Michigan.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You Tube can help publicize and broadcast everything around us from silly to quite serious matters. I found several You Tube videos that document malfunctioning railroad gates throughout the nation. The above clip is from a railroad crossing in Michigan during winter time. Malfunctioning deaths can be an inconvenience to some and serious personal injury or even death to others including child and adult pedestrians, bicyclists and occupants of motor vehicles. If you see a railroad crossing that is malfunctioning, report it and video it if you can. The Federal Railroad Administration is the federal agency charged with the oversight of the nation's rail systems and has specific regulations for the maintenance, inspection, and reporting of malfunctioning railroad crossing gates. You can read more about the Federal Railroad Administration (FRA) at the Official Website for the Federal Railroad Administration.