Child Injury Lawyer Blog

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Robert Owen’s eight year old daughter Kaylan came home from school the other day with some shocking news. She said that her teacher, Betty Levy, became annoyed when the child got up to wash her hands without permission, and pushed the girl’s head under the water until she couldn’t breathe, then pulled her head out of the sink and slammed her into a file cabinet. Kaylan said that the incident made her feel “really sad.”

According to Owen, Ms. Levy has apologized and the principal of the school assured him that a letter of reprimand will be put in the teacher’s file. But Owen isn’t satisfied. He says he wants the teacher fired, and he has also filed an assault charge against her with the police. According to school officials, none of the other children in the class saw what happened, but Owen reports that one of the kids went home and told her parents about the incident.

A Jackson Public Schools official has made a statement that the district is taking the allegations seriously and that child safety at school is their first priority. The school system will be following procedure and conducting a thorough investigation into the matter. In the meantime, a judge will have to decide if there is enough evidence to arrest Ms. Levy on the assault charges.

Find out more about this alleged assault on a young student by a teacher at Miss. Girl Says Teacher Held Head Underwater.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other states, emergency rooms and pediatricians are called upon to treat children who suffer head injuries as a result of an ATV accident or incident. Dr. Shannon Smith is a pediatric rehabilitation doctor based in Mississippi. Dr. Smith is advocating for the passage of a law that would require helmets for children who ride ATVs (All Terrain Vehicles). You can read more about Dr. Smith's points and the dangers of ATVs at Mississippi Needs Tougher ATV Laws for the Protection of Children.

With or without a law in place, all owners of ATVs should exercise good safety measures especially when children are riding on the ATVs. Put a helmet on the child and properly supervise the use of the ATV. Just because the ATV is operated on a dirt road off of concrete does not mean that the child cannot be injured by an accident or fall off the ATV. Many serious head and brain related injuries can be avoided or lessened by the wearing of an appropriate helmet.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former day care worker at the New Beginning's Day Care Center in Moselle, Mississippi pleaded guilty to charges of child molestation and sexual battery. Derrick Williams (age 23) received the maximum criminal sentence according to Assistant District Attorney J. Ronald Parrish. The crimes involved the fondling of 4 and 5 year old girls who attended the day care center that was owned by Williams' mother.

It is certainly tragic that children were abused and neglected at a facility that should have been a safe haven and a place of education and fun for the children. It is quite unsettling that parents cannot trust that day care centers will provide for the safety and well being of children under their care. You can read more about this story at Ex Day Care Worker in Moselle, Mississippi Pleads Guilty to Crimes Involving Fondling of Children.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Six year old Anastasia Bingham of Terry, Mississippi was on her way home from a friend’s house when she was attacked by an unrestrained pit bull that was kept in a doghouse behind one of the neighborhood homes. When emergency help arrived, the child was pronounced dead at the scene.

Tragically, the pit bull that attacked and killed the girl appears to be a dog belonging to a distant cousin of the family. Anastasia’s grandfather, Willie Bingham, said that the family would press charges whether the owner is a relative or not.

Hinds County, Mississippi recently made its vicious dog ordinance tougher, making it illegal for felons to own dangerous dogs and requiring that such dogs be confined at all times. Malcolm McMillin, the Hinds County Sheriff, has said that the attack is under investigation and that if any law was violated that resulted in the death of the little girl, the county would bring charges against the dog’s owners.

You can read more details of the tragic death of Anastasia Bingham at Authorities continue search for vicious pit bull.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other States, most homes have a bath tub. Many parents may not realize that a bath tub is very dangerous to small children. Drownings in bath tubs continue to be reported. All children should be supervised when in or near a bath tub that has any amount of water in it. Even a small amount of water in a bath tub can lead to a drowning. If a bath tub is not being used, drain it. Tragically, safety measures are not taken or forgotten. In these instances, some children are injured or even die. You can read more about the recent drowning in a bath tub in Mississippi at Child Drowning Investigated by George County Sheriff.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Unfortunately, arguments and hot tempers have become commonplace at child sporting events. A survey by SportingKid magazine found that 76% of respondents had witnessed a verbal argument at a game, and a whopping 29% had witnessed a physical altercation – all between adults.

Experts charge that an atmosphere of tolerance has become pervasive, and that it is ruining the spirit of the game for children. Stories of ridiculous behavior include a former Mississippi congressman exchanging blows with a referee after the referee made a comment that caused the congressman’s child to cry. Other stories are much more serious, including the beating death of a parent at a youth hockey game in Massachusetts. The beating took place in front of two teams of ten year old hockey players. The National Association of Sports Officials reorts that it receives over 100 reports each year of physical contact by coaches, players and fans against referees. Referees have been kicked, punched, choked, head-butted and even knocked unconscious.

Ironically, the main lessons kids are supposed to get from team sports are teamwork, how to win or lose gracefully, and how to play by the rules. When parents lose control they are setting a very bad example for kids. Overzealous parents are teaching kids that it is okay to taunt the other team, to cheat, to keep playing even when injured, and to yell at officials when they disagree with a call. Experts and reasonable parents are calling for training, discipline and tough punishments for unsportsmanlike behavior. A special training program in Mississippi has resulted in a significant reduction in the number of players and coaches ejected from games for bad behavior. A similar program in Alabama has reduced ejections by 62%. Find out more about what schools and parents are doing to curb sports violence at Violence mars youth sports.

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 Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman and her daughter were riding horses with a larger group along the Big Foot Horse Trail in the DeSoto National Forest when Evan Joseph Kane fired a gun in their direction. Apparently, Kane was deer hunting at the time of the incident. Both horse riders and a horse suffered gunshot personal injuries. The ten year old girl suffered a punctured lung and was placed in intensive care. For safety, the trail is designed so that most of its length is near a public road, where shooting is prohibited.

While wearing a bright colored vest is not required for horse riders riding in or near a hunting area, it would be a wise decision for both adult and child riders to wear such a vest to make sure that they are clearly seen by hunters as well as drivers of vehicles. While accidents do at times happen, safety precautions like wearing a brightly colored vest can at times prevent or reduce the incidents of accidental shootings.

A spokesman for the Mississippi Department of Wildlife, Fisheries and Parks said that more details would be available as the investigation progresses. The agency automatically tests for drugs and alcohol when a hunting accident occurs. The agency indicated that more charges may be filed against Kane. Of course, Mr. Kane will have the right to defend himself against any potential charges or citations for the incident. Kane may argue that he was hunting in a correctly designated area or have some other excuse for the shooting. Regardless of the outcome of the possible citation or any possible criminal charges, a girl and her mother were shot while on a peaceful horse ride. It will be a difficult trauma to recover from physically and psychologically.

Hunting laws and regulations have been put in place to protect both hunters and other people who use public land. You can read the details of this hunting accident at Mother, Child Shot in Deer Hunting Accident.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other states, people run businesses out of their homes. Some businesses are day care centers. Typically, caring individuals and family operate home based day care centers. Unfortunately, there are other day care operators who put children at danger by running drug operations and conducting other illegal activities at the day care center. Recently, drugs and pornography were discovered at a home which also served as a day care center for your children. Investigators and authorities found chemicals and meth lab materials as well as needles and other gear used to manufacture meth. It is well know that meth is highly toxic and labs are high flammable. As such, the possession and / or manufacturing of meth at or near a day care center definitely poses a health hazard to children.

Neighbors are understandably concerned about the allegations against the day care owners. Having a meth lab is dangerous to neighbors as well. Drug operations tend to bring in other violent crimes when there are disputes over drug money or the drugs themselves. In addition, people, who sell and manufacture drugs, often times are users as well. It certainly is not safe for anyone to have drivers zip through neighborhoods high on meth or other drugs.

Police and narcotic authorities have a tough task to clean up neighborhoods and day care centers that put children at risk for harm. You can read more about this Mississippi day care center at Neighbors Upset Over Meth Arrests - Day Care Center.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former teacher and band director for Pass Christian High School has been charged with the sexual battery of another victim under 18 years old. Apparently, Joseph Eugene Council, the former teacher, confessed this crime to police investigators. This child was 17 years old. The initial charges involved a 14 year old.

As we Mississippians strive to protect our children, this is another reminder that we have caution our children when they are out of our sight, including, while at school. You can read more about this story at Pass Christian High School (Mississippi) Teacher Charged with Sexual Battery.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other States, children and teens enjoy swimming during summer months. Unfortunately, many children lose their lives every summer from drowning related incidents. Some drowning deaths and injuries are avoidable with better safety precautions, supervision, better judgment by the swimmer, and the use of a buddy system. Some children who drown cannot swim while others are experienced swimmers who tire out or experience and issue or challenge while swimming. It is always advisable to take precautions prior to swimming. Do not swim alone. If children are swimming, adult supervision is key to safety.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other states, children enjoy boating activities over the summer. Unfortunately, some children suffer serious personal injuries and, in some cases, deaths from boating accidents. On the Jourdan River in Hancock County, Mississippi, Madison Camille Karno, age 10, recently died from a head injury. Madison was riding on an inner tube when she hit something in the river and suffered the fatal head injury. An autopsy was completed by the Hancock County Coroner's office. It is a tragic death for Madison's family and the community. You can read about this incident at 10 Year Old Mississippi Girl Dies While Riding Inner Tube on Jourdan River.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents making methamphetamine has caused them to lose all three of their children. The Harrison County Sheriff’s Department arrested George Vincent and Amber Driscoll for felony child endangerment. A relative came and picked the children up. This is yet another unfortunate situation involving parents and drugs.

Methamphetamine is dangerous for children to ingest or even breathe in the vapors during the manufacturing process.

You can read more about this story at Mississippi Parents Lose Temporary Custody of Children for Making Methamphetaimine.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other States, investigators are arresting and gathering vital evidence on people who distribute, sell, or view child pornography through the use of cyber investigations. The Mississippi Attorney General's Office conducted a criminal investigation that led to the arrest of a Pass Christian Man on the charges of child pornography. The Mississippi Attorney General Jim Hood reported that Paul S. Dybas was arrested after officials found evidence of child pornography after executing a search warrant at Mr. Dybas' home.

The arrest was made by investigators with the Internet Crimes Against Children Unit of the attorney general's Cyber Crime Unit, with help from the Harrison County Sheriff's Department.

Operation Fairplay software is utilized to find / detect computer users who download child pornography. This program found over 2000 people in the State of Mississippi who downloaded child pornography.

You can read more about this story at Pass Christian Mississippi Man Arrested in Porn Case.

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 Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other states, school buses travel streets, highways, and roadways in groups. In other words, school buses follow each other while heading out to field trips, school drop offs, and school pick ups. Since school buses often times travel the same routes in line, bus accidents often times involve more than one bus. In Ridgeland, Mississippi, two school buses operated by First Student, a bus company in many states, crashed into each other. The accident took place on U.S. 51 near the Trace Station Shopping Center. It was reported that Bus 27 rear ended Bus 52 which, in turn, crashed into a pick up truck. The children were from Highland Elementary School. Since some of the students complained of not feeling well or not feeling right, these students were transported to a local hospital.

Many bus accidents in Mississippi can be avoided with safer driving and due caution. Many accidents occur from driver inattention, driver distraction, and negligence. You can read more about this story at School Buses Crash in Ridgeland, Mississippi.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic accident took place recently in Hinds County Mississippi. Two teenage brothers from Jackson, Mississippi were traveling South on I 55 in a Ford Taurus. Wet road conditions may have led to Preston Garrett, age 18, losing control of the vehicle. Brandon Woodard, age 15, was a passenger in the vehicle. The Ford Taurus crossed over the median and was hit by another vehicle heading North on I-55 according to the Hinds County Coroner's Office. Both Brandon and Garrett died in the accident. Neither was wearing a seat belt but it is unclear from the facts reported whether a seatbelt would have made a difference as to the severity of the automobile accident related personal injuries.

It is certainly tragic for a family to lose one child as a result of an automobile accident. The family of Garrett and Brandon lost two children in one automobile accident. May the community and friends of this family provide them support and comfort in this trying time of loss and grief.

You can read more about this story at Two Teenagers Die in Automobile Accident in Mississippi.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 40 year-old Saucier, Mississippi man was arrested on multiple child molestation charges. He is a plumber and was initially arrested on March 18, 2009. According to reports, he molested a 9-year-old and an 8-year-old child. Molestation can happen any where at any time. Unfortunately, we cannot be around our children 24 hours a day. We hope Mississippians continue to strive to prevent these unfortunate incidents and traumatic incidents of abuse from taking place. In this case, a plumber by trade has been accused and arrested for child molestation. In other cases, it can be just about anybody else who preys, abuses, and neglects children. You can read more about the man arrested for child molestation at Saucier Mississippi Man Arrested on Child Molestation Charges.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In George County, Mississippi, a car accident injured two children, a 15-year-old and an 11-year-old. The wreck happened on Highway 198 which is near Mississippi Highway 63. Apparently, John Hood died in the accident while driving a Dodge Truck when he crossed the center line of the highway. The children were flown by helicopter to USA Medical Center in Mobile, Alabama. Hopefully, the children will recover from the automobile accident related personal injuries. Apparently, the impact from the automobile accident was quite severe in that it caused the driver to die and resulted in injuries that required the services of a medical helicopter. You can read more about this story at Children Injured in George County, Mississippi Automobile Accident.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Jackson County, Mississippi Sheriff’s Office arrested Arnold Clark on charges of molestation and touching a child for lustful purposes. The arrest of Mr. Clark in the Mississippi Sun Herald contained few details of the incident or allegations. Mr. Clark is entitled to an attorney and is innocent until proven guilty. What we do not know at this point in time is the evidence gathered or obtained against Mr. Clark or his criminal history.

Many child predators and sex offenders go undetected for years or even a lifetime. Typically, a child predator who is caught, arrested, and guilty of the crimes has committed these heinous acts against children in the past.

Parents and caregivers in Mississippi and other States need to have a watchful eye for any adults that come in contact with their children or who have access to their children. All of us in Mississippi need to ensure we protect our children from predators.

There are several ways to protect our children from predators. One way is to make sure your school conducts background checks on teachers and other employees. There are many articles, books, and websites including the Child Injury Lawyer Blog that post articles and safety tips about this topic. Educate yourself and take the best action that you can to protect your children and others from child predators and sex offenders.

You can read more about the alleged crimes of Arnold Clark at Man Arrested for Molestation / Touching of Child in Jackson County, Mississippi.