Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to Lt. Steve Holton of the Ravalli County, Montana Sheriff's Office, an unidentified five-year-old boy died in Montana in an accident involving a farm tractor. The child was reportedly riding on the tractor’s running board when he fell and was run over by the tractor’s back wheels. He was pronounced dead by paramedics at the scene. The driver of the tractor has not been identified, but has been described as an adult who is not one of the child’s parents. The accident is still being investigated. Police are reporting that the death appears to be accidental.

Children and teens are injured every day in farming accidents. It is important for farm equipment operators to know how to operate the machinery correctly and also to follow strict safety precautions – especially when children are on or nearby the equipment. The unexpected death of a young child like this boy is very difficult to go through for everyone who knew the child. Hopefully, his tragic death will serve as a warning to others to exercise more caution around dangerous farm equipment.

Find out more about this tragic farming accident at 5-year-old Stevensville boy dies in farm tractor accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Julie Powell picked up her children, Carter (18 months) and Konnor (3), from the Toddler Escape Drop-In Child Care in Billings, Montana, nothing seemed out of the ordinary. It wasn’t until she received a call from Billings police later that night that she found out what had happened to Carter earlier that day. A passing motorist on busy Central Avenue had spotted the child wandering around in the street and returned him to the daycare center.

Powell found out, only after the incident, that drop-in daycare centers are not regulated the same way as licensed daycare centers. The state of Montana does not inspect or license drop-in centers. Powell attempted to file a complaint with the state’s child care regulation office, and was told that she needed to call the child abuse hotline. The Child and Family Services Division of the Department of Health and Human Services would conduct a child welfare investigation privately. There would be no mention of the charges or investigation in the state’s searchable database of licenses daycare facilities, since drop-in centers aren’t licensed.

This case highlights the need for parents to do thorough research before selecting a child care facility. Simply visiting the facility and making sure that it looks clean is only the first step. Checking with the appropriate state department about the status of the center’s license (and whether they are even required to have one) can help parents feel more confident about who is caring for their children.

Find out more about this story at Toddler escapes daycare, found on busy street.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Five families from Great Falls Montana believe that their special needs children were severely abused by the 7th and 8th grade special needs classroom teacher aids at North Middle School. Tragically, the children’s special needs – autism, cerebral palsy and down syndrome – prevented them from reporting the alleged abuse. Julie Parish and Kristina Marie Kallies have been charged with felony assault on a minor and misdemeanor endangering the welfare of children. Ms. Parish has been arrested but police have been unable to find Ms. Kallie.

The children’s parents are both outraged and heartbroken. The parents reported that their children would come home from school with bite marks, burns and welts. Witnesses claim to have seen children water boarded, forced to eat their own vomit, and left sitting in soiled clothing for several hours.

If convicted on these charges, each aid could face up to five and half years in prison. You can read more details of the charges at the Mom Logic Blog, Accused: Special Needs Teachers' Aides Tortured Students.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Helena, Montana, operators of the Last Chance Splash Water Park & Pool closed down a slide following head injuries to three children. These children reported hitting the back of their heads while riding toward the bottom of the slide. Management will be reviewing the slide dimensions and set up with representatives to determine the cause of the injuries and to determine if safety measures can be taken to prevent further injuries to children using the slide. You can read more about this article at Three Children in Helena, Montana Injured on Water Slide.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care providers in Montana and other states have a duty to provide adequate and appropriate supervision of children under their care. It is especially important to provide diligent supervision when children are participating in aquatic / swimming activities or when children are near or have access to bathtubs, swimming pools, or waterways including rivers, retention ponds, oceans, lakes, and canals. Sharon Miller recently was given a 1 year suspended sentence for her role in the drowning death of a 6 month old Montana girl under her care. Under the plea deal, Sharon Miller promised not to provide any child care for children except for family members. Ms. Miller was reported to have left a 6 month child (Jenna Unruh) in a bath seat in a sink while she changed another child's diaper in another room. Just a few minutes of inattention led to this drowning death in Montana. You can read more about this story at Chinook, Montana Woman Pleads Guilty to Child Endangerment Charges for Drowning Death of Child Under Her Care.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic airplane crash recently took place near the Butte Montana airport. The fatal plane crash involved a small single turboprop airplane that took a nose dive into a cemetery approximately 500 feet from the airport. It is a tragic end to the lives of the passengers including 7 children. The NTSB (National Transportation Safety Board) and other officials / agencies will investigate the cause of the accident to determine if pilot error was involved, the role of the weather, actions / inactions of air traffic control, the performance or malfunction of the airplane, the load of the airplane, and other factors.

It is believed that the passengers were heading for a ski trip. The Napa Valley Register reported that a family of five including three pre-school age children were among the passengers on the airplane

While the NTSB, the FAA (Federal Aviation Authority), and others government agencies will be involved in the investigation, the families of the victims would be well served in retaining a private personal injury attorney to review the investigation and also to conduct an independent investigation as to the cause of the crash and to what extent other persons and business entities / corporations are responsible for the crash.

It was reported that the airplane was a Pilatus PC-12 which is certified for 12 persons on board. Officials will undoubtedly evaluate the passenger load and seating to determine if the owner / operator of the plane was in compliance with these restrictions.

You can read more about this story at Tragic Plane Crash Takes the Lives of Passengers Including Small Children in Butte, Montana.