Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Staffers at the Hennepin County Medical Center are concerned with the high rate of children falling through windows this summer. In this year alone, HCMC has treat 14 different pediatric patients after they have fallen from windows. These patients ranged from 17-months-old to 7-years-old. This number is double from 2009, where HCMC treated 7 pediatric patients who suffered injuries from window falls.

Minnesota has issued a new law that affects the construction of windows in new homes and buildings. However, this new law will do little for existing homes and buildings. If you would like to read more on this story see Windows present dangers for children.

Below are some Window Prevention Tips:
1. Use window guards or window stops.
2. Install window guards to prevent children from falling out of windows. (If you live on the 6th floor or lower, install a window guard that can be easily opened by both adults and children)
3. Install window stops to prevent windows from opening more than 4 inches.
4. Never depend on window screens to prevent your child from falling out of a window.
5. Whenever possible, open windows from the top - not the bottom.
6. Keep furniture (and other "launching pads") away from widows to keep children from crawling and climbing around windows.
7. Some jurisdictions require landlords to install guards. Check the laws in your local jurisdiction.

If you would like to read more articles about children falling from windows see Marysville, Washington Boy Suffers Injuries Falling From Window.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, parents and child care givers should refrain from corporal punishment. In many instances, an angry parent or caregiver can get out of control. Tempers combined with poor judgment can lead to serious personal injuries and psychological damage to a child.

In Minneapolis, Minnesota, it was reported that a 6 year old child was whipped by his mothers boyfriend with an extension cord over and over and over again. The man and the mother have been charged with the crime. This all stemmed from the boy allegedly having bad behavior at school. It was reported that the boy had virtually no skin remaining on his back because of this brutal attack. You can read more about this story at Minneapolis police: 6-year-old boy was flogged by mother's boyfriend.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 14-year-old Minnesota boy suffered the loss / amputation of his right right testicle after being injured in a playground game called “Sack Tapping.” Sack Tapping, where a unsuspecting male is punched in the groin area, is becoming increasingly popular in all schools: elementary, junior high and high school.

Although this incident may sound rare, a Minnesota doctor reported he performed three to four surgeries a year because of complications arising groin punching. The doctor also claimed to see a dozen more less severe injuries resulting from the game as well.

Although it is common for children of all ages to tease one another and engage in horseplay, inflicting harm onto another child is never appropriate. The physical and emotional injuries a young male sustains due to what may be a joke or a prank can has serious and life long consequences and injuries. An injured / ruptured testicle results in excruciating physical pain. There is also an extreme amount of emotional / psychological pain that results from such injuries. A boy often times worries about his future manhood and his ability to be a father in the future.

There are a host of legal issues that arise when a child suffers injuries while under the supervision of a day care center, school, neighbor, friend, or other facility including the following:

What supervision was in place at the time of the incident?

Had similar incidents happened in the past?

What actions were taken to prevent the incident from taking place?

What did the adult supervision know about the incident? Prior incident?

Is the school, day care center, summer camp, or other business liable for the injuries?

Who will be responsible for the medical bills?

Is there liability insurance, business insurance, and / or homeowner's insurance that would cover the medical bills, pain and suffering, and other related damages?

Parents as well as school officials have a duty to protect their children. A child injury lawyer can be contacted to discuss the legal rights of a child when there are personal injuries resulting from negligence, lack of supervision, abuse / neglect, and other causes.

You can read more about “Sack Tapping?" at Dangers and Injuries Associated with Sack Tapping.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Duluth, Minnesota City Council recently passed an ordinance by a unanimous vote as to restrictions as to where Level 3 Predatory (Sexual) Offenders can live within the city. The new city ordinance would prohibit these sexual offenders from residing within 2,000 feet of an school, playground or day care center. Ordinances like these make it more difficult for sexual offenders who have been released back into society to find affordable housing. The mission or goal of such ordinances is to protect the safety of children from those who have a history or propensity to victimize children. Of course, not all sexual offenders repeat their crimes. Furthermore, not all sexual offenders victimize children; however, if the ordinances protect children - they make sense. There would be challenges to such ordinances. Passing new laws is not always easy or popular. Keeping children safe with new laws or other actions simply makes sense. See Duluth City Council passes ordinance limiting where sex offenders can live

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Clear Lake, Minnesota and other cities, parents place their children in day care center with the hope and expectation that the children will receive care in a nurturing, clean, and safe environment. Unfortunately, children in Minnesota are abused, neglected, and injured in Minnesota day care centers. Some children even suffer serious personal injuries or die as a result of poor care or criminal acts in a day care center. In Clear Lake, Minnesota, a Ham Lake (Minnesota) man - Joshua Paul Emery - was sentenced to 6 years of prison for an incident that took place at a day care center. Emery punched a 3 year old girl enrolled in the program because she was crying. The trauma was this punch caused her bowel to perforate which in turn required surgery. Emery was charged and subsequently he pleaded guilty to the criminal charges of assault.

Some people do not have any place being around children in a day care center. If a person lacks training or the patience to deal with children, that person does not belong at a day care center. You can read more about this story at Ham Lake, Minnesota Man Gets 6 Years for Assaulting Girl at Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Lakeville, Minnesota, an 11 year old was admitted to a Hennepin County Medical Center for severe head injuries following a Minnesota bicycle accident. The accident was reported by the Pioneer Press. The child was struck by a vehicle during the evening hours. He was not wearing a helmet. The story posted did not contain many details of this Minnesota bicycle accident.

Children should always wear a helmet when riding a bicycle. Helmets can and do help prevent head injuries or help reduce the severity of a head injury. Parents should get children into a habit of wearing helmets at all times - there should be no exception to this rule. A serious personal injury on a bicycle can take place at home in the driveway, on the sidewalk near the home, and on the street near the home. Whether your child is heading out on a short ride or a long ride - a helmet should be worn.

Drivers have a duty to be on the lookout for bicyclists and pedestrians. It is no excuse to negligently hit a bicycle rider just because the bicycle rider is not wearing a helmet. Drive slowly and carefully any time children are on or near the roadway.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, parents should be able to trust teachers, day care providers, coaches, church leaders and volunteers, and scout leaders. Unfortunately, there are just too many youth leaders who should be role models but are actually out there causing harm to children. In Minnesota, a man recently pleaded guilty to producing a mobile phone video that showed a minor engaging in sexually explicit conduct. Michael Angelo Borromeo is a former Girl Scout Volunteer for the Girls Scouts of Minnesota and the Wisconsin River Valley. Mr. Borromeo was charged with several crimes including criminal sexual conduct (felony), child solicitation, and creating child pornography.

It is unfortunate that some volunteers and others who work with children will commit acts that are harmful to children. You can read more about this story at Former Scout Volunteer Pleads Guilty to Producing Child Pornography.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Grand Forks, Minnesota, a former day care owner (Marsha Brouillet) was sentenced for child abuse charges involving a head injury to a friend's child under her care. The child required a two day hospital stay for injuries resulting in bleeding in the brain and seizures. The mother of the 4 month old child senses that something was wrong with her child and the day care center and sought medical attention for her child. Furthermore, she removed her child from the day care center. The day care owner later admitted to shaking the child without supporting his head. The parents are thankful that the injuries were not worse and they were understandably upset that the day care owner would act in such a reckless and callous manner.

Day care center owners and employees should not work in a day care center or around children if they cannot handle the cries or demands of children. Babies, infants, toddlers, and children will cry. They can also be quite demanding and unreasonable. This comes with the territory. A safe and loving haven should be provided in a day care center. You can read more about this Minnesota matter at Child Suffered Head Injury at Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Heavy fog had reduced visibility on Highway 15 in Dassel, Minnesota to an eighth of a mile, when a truck slammed into the back of a school bus stopped at the intersection. Seventeen Dassel-Cokato school children were on board; eight were taken to the hospital. The driver of the truck was not injured.

One of the children, eleven year old Alexis Iverson, suffered serious injuries as a result of the accident. Alexis suffered head and neck injuries and will not be able to play sports until her neck brace is removed.

Several parents of children involved in the accident have said they are unhappy with the school district’s decision to have school in spite of the poor weather. They believe that the decision put their children’s lives at risk. Other districts in the area delayed starting for two hours to let the fog clear.

Parents were also upset that they were informed that all of the injuries were minor and that the children would be fine, despite the fact that Alexis was in the ICU being treated for her injuries. The angry parents are calling for a change in school policy regarding school cancellations or late starts.

A representative for the school district has said that they will continue to make decisions on a case by case basis. Read more about the crash and its aftermath at News Child Was Hurt In Bus Crash Upsets Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is January and many cities and States are bracing for the Winter chills and snows with the associated chilly weather. Other States like California, Florida, and Hawaii enjoy warm weather year round in most parts of the State. A recent article posted at the Woodburn (Minnesota) Independent noted that swimming lessons help reduce the risks of drownings. It should be noted that water is present year round. A child should drown in the winter time as easy as he or she could in the summer time. Swimming lessons should be provided to a child as soon it is practical to do so. If swimming lessons are offered for your child's age group, go ahead and get your child signed up. While swimming lessons will not prevent drownings in every instance, swimming lessons can help avoid tragic drownings and can save a life.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Star Tribune (Minnesota) Newspaper website recently reported an encouraging article about day care centers in Minnesota. While the article lacked specific statistics and scientific analysis, the article did provide some home and encouragement for parents who have children in Minnesota day care centers. The title of the article - Beating the Flu at Day Care Centers - noted that some day care centers are very aware of the flu and germs that can show up at day care centers and to and from young children. Education and awareness are key to limiting the spread of the flu among young children. While it is impossible and unreasonable to expect that a child will never get a cold, flu or germs from another child in a day care center, it was encouraging to hear that some day care centers have been successful in limiting the reporting incidents of the flu. The simple act of turning off a community water fountain and being diligent about cleaning up a bathroom can help avoid the spread of the flu. You can read more about this article at Minnesota - Beating the Flu at Day Care Centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, children are very curious. Young children often lack good common sense and safety awareness. This is especially true when it comes to putting objects and items in their mouths. In Minneapolis, Minnesota, a 13 month old baby was found sucking on a crack. Fortunately, the crack was wrapped in plastic at the time. It is not certain how the crack got into the day care center. In the typical day care center, there are various ways in which drugs or dangerous items make their way into the day care center. A child may have brought it in from home. A parent or other adult could have hidden or stored the item in the child's clothing or backpack. A child may have found the item on a playground, parking lot or field trip. It was reported that the child did not suffer any serious personal injuries from this incident. This story shows the importance of ongoing and diligent maintenance and inspection of day care centers by the owners and employees. It also shows the importance to parents and other adults of keeping dangerous items out of the hands and mouths of children. You can read more about this story at Minneapolis Day Care Center - Child Found Sucking On Crack.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Kickball is a popular elementary and sometimes middle school game that has been around for years. Typically, the game is played without incident or injury. Unfortunately, children are injured playing kickball and other schoolyard games. A school district can be held liable or responsible for the injuries if the game is not safely organized or if there is improper or inadequate supervision that leads to injury. It is the responsibility of the physical education coach, teacher, and or aide to make sure that playing fields are safe, free from hazards like above ground sprinklers, exposed rocks or fences, holes in the ground, or a grossly uneven playing surface. If a child suffers an injury as a result of negligence, a child can then pursue a case or claim against the school district. Of course, the laws of each State differ. Furthermore, each school district has its own rules and regulations that should be reviewed to determine compliance with the same.

In Mankato, Minnesota, a lawsuit was recently settled involving a fractured ankle. It appears from the story published at the My Fox 9 Web site that the field equipment, namely the kickball base which was merely a folder, was inadequate or unsafe for play. You can read more about this story at Mankato School District Settles Personal Injury Lawsuit.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care providers in Minnesota and other States have a duty to properly supervise children in their case. In Bloomington, Minnesota, a jury recently returned a guilty verdict in a case that charged the day care provider (Doris Meeks - age 48) and her daughter (Harmony Newman - age 22) with second degree manslaughter while committing child neglect. A 22 month old boy under the care of the day care center died as a result of asphyxiation. It was reported that the child was buckled into a car seat in a playpen. You can read more about this story at Minnesota Day Care Provider Convicted of Manslaughter Charges for Death of Child Under Her Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, there is a consistent problem with DUI incidents. Tragically, many DUI incidents cause serious personal injuries and even death of innocent people and children. In every DUI incident, there is a danger or risk to any children who is in the vehicle or near the vehicle as it is being driven. Parents especially should consider the best interests of the child when getting behind the wheel. The safety of the child should always take precedence over the convenience or selfishness of the parent especially when it comes to drinking and driving. In West Hennepin, Minnesota, a mother was arrested after a complaint was called in about her driving to the West Hennepin Public Safety Department for poor driving. When police attempted to stop or pull over the driver (Monica Say - age 29) - she refused and kept on driving another 4 to 5 miles. Along this dangerous drive, the chase and / or Ms. Say's driving almost caused other automobile accidents. It was later determined that Ms. Say's blood alcohol level (BAC) was .17 which amounted to in excess of two times the legal limit in Minnesota. Ms. Say was transporting two children during this dangerous drive who were 4 years old and 2 years old. The news report also stated that Ms. Say was in possession of marijuana and an open bottle of rum in a diaper bag. Ms. Say was arrested at the scene by the police. You can read more about this story at Mother Charged with DUI and Fleeing Police in Minnesota.

This story portrays an extremely bad example of parenting. Everyone knows that drinking and driving do not mix. It can also be said that drinking and good parenting do not mix at all.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Interstate 35 is a busy highway connecting the Twin Cities to northern points of Minnesota. Eric Sprouse, age 19, lost control of his pick-up truck and swerved into oncoming traffic while travelling northbound on Interstate 35. The driver and a young child in the other car were both killed and pronounced dead at the scene. Sprouse suffered life threatening injuries and was taken to a local trauma center by helicopter. His passenger also suffered injuries and was hospitalized.

State Patrolman Captain Matt Langer reportedly said that he believed the accident was preventable. The accident took place on a stretch of busy highway that has no safety barrier in the median.

Any time an accident like this occurs, there are many questions that need to be answered during the investigation:

*Was Sprouse a licensed driver?

*Was he travelling at the posted speed limit?

*Were there other vehicles that may have contributed to the accident?

*Were there any witnesses to the accident?

*What were the conditions of the road and the visibility on the day of the accident?

*Were the occupants of the vehicles wearing their safety belts?

*Was Sprouse’s vehicle operating properly, or could there have been a break down or malfunction?

Find out more this tragic accident at Man, Child Killed in Forest Lake Crash.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Golden Valley, Minnesota, a day care provider is being charged with the crime of malicious punishment and false imprisonment regarding discipline and corporal punishment measures allegedly put in place a day care center. Arvilla Marie Lilly Meinhardt, age 70, has been charged with these crimes. Police investigators collected evidence from the day care center in the form of large safety pins, pajamas, and a mattress with what appeared to have pin holes in it from the safety pins. Apparently, according to police and news reports, Ms. Meinhardt would use the tactic of pinning children to the mattress for years at the day care center. With the pajamas, safety pins, and mattress, it appears that Ms. Meinhardt created a straight jacket of sorts to limit or restrict the movement of the children. It will be interesting to see what other evidence and testimony are obtained on this case. Certainly, pinning a child to a mattress is dangerous and can lead to serious physical injuries. It is also demeaning and emotionally disturbing for a child to be restrained in this manner. You can read more about this story at Minnesota Day Care Provider Pinned Children to a Mattress as a Form of Punishment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, tragedy is also the precursor to the passing of new laws for the protection of children. Laela's Law as passed in 2007 and took effect in 2009. This law was named after a Minneapolis girl who suffered injures in a fall from a building. The purpose of Laela's law is to safeguard windows in apartment, The law requires the attachment of safety screens, guards, or fall prevention devices in new or replacement windows above the 1st story in most apartment and multi dwelling unit buildings in Minnesota. Some child safety advocates question the provision of the bill that exempts window sills that are more than 24 inches from the floor. Even though the windows are 2 feet from the floor, a small child can still fall out of a window from a bed or other furniture. Apparently, the bill was passed with child safety advocates on one side and the building and window industry on the other. These safety regulations will cost money but hopefully will save lives. I expect there to be debates and changes to this law in the future. You can read more about Laela's Law and the problems and dangers of children falling out of windows at New Minnesota Child Safety Law Gets Mixed Reviews and Comments.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other states, people enjoy the outdoors of summer and camp with their families. It is a time for relaxation and a time to enjoy nature. Unfortunately, campgrounds are the sites of personal injuries and deaths for some campers. In Beaver Falls, Minnesota, a mother was injured and an infant was killed when a van accidentally ran over a tent occupied by the mother and infant. The 4 month old child was later identified as Wyatt Sander of Redwood Falls, Minnesota. The mother and infant were dragged for a distance as a result of the impact. The driver was later arrested for charges of vehicular homicide, driving while intoxicated, and driving with a suspended license. It is a tragedy for the Sander family and one that could have been avoided had the driver refrained from driving. You can read more about this story at Campground Accident in Minnesota Leads to Injuries to Mother and Death of Infant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other states, some parents are choosing religion over necessary life saving medical care. In New Ulm, Minnesota, a judge issued an arrest warrant for Colleen Hauser after she missed a court hearing and fled with her son who has a treatable but potentially fatal condition - Hodgkins Lymphona. Daniel Hauser's condition is curable with necessary treatment (chemotherapy and radiation). Daniel's parents instead choose to treat Daniel with herbal supplements, water, and natural type of products. Seeing that it is the year 2009, it really defies good sense and good parenting to ignore proven medical science in favor of products that just fill a child up with hope rather than a proven cure. You can read more about this story at Minnesota Mom - Arrest Ordered for Resisting Medical Treatment for Son.