Child Injury Lawyer Blog

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Trenton, New Jersey, a 12 year old boy suffered a leg injury when he was hit by a city bus according to local police officials. It was reported that there was a bicycle with a damages wheel at the scene of the accident. Firefighters and ambulance personnel responded to the scene to evaluate and treat the injuries sustained by the boy. Busy streets and intersections are often the sites of serious automobile, bicycle, and pedestrian accidents in Trenton, New Jersey and other cites. Whenever there is a bicyclist or pedestrian in an area (especially children) drivers should drive extremely careful so as to avoid hitting the bicyclist or pedestrian. Children often times do not recognize the danger of an intersection and sometimes cross outside of a sidewalk or against the instructions of street signs and / or traffic light indicators. The details provided by the Trenton, New Jersey news article were very broad. The police report and investigation would probably have additional details as to the cause and preventability of the accident. See Trenton Boy Suffers Lega Injury When He is Struck by School Bus in City.

By David Wolf, Attorney and Robert Fernicola, Attorney
Published by Child Injury Lawyer Network

In New Jersey, a tragic death was reported. Abiah Jones, age 11, fell from a Ferris wheel ride at Morley Piers Mariner's Landing Pier during a school field trip to the New Jersey amusement park. She was later transported to Cape Regional Medical Center where she was pronounced dead. It was reported that the ride had passed the State inspection for amusement park rides. The incident is under investigation. See Girls Dies After Fall from Ferris Wheel Ride in New Jersey.

What started out as a simple day at an amusement park for an 11 year old girl turned into a day that will forever change the lives of her family, the school, and he community. The ride is known as the "Big Wheel". When a tragedy of this nature takes place, there are several issues or questions to may arise:

Who was on the ride with Abiah Jones?

What safety precautions were in place to prevent such incidents or accidents?

What supervision was provided to Abiah and her classmates?

How exactly (based on eyewitness accounts) did Abiah fall from the Ferris wheel?

Was there anything that could have been done to either predict, foresee, or prevent this incident from taking place?

Did the ride function properly at the time of the incident?

Were there any actions that amounted to negligence?

Of course, whatever the answers are to the above questions, an 11 year old girl died on a school field trip when her family was expecting her to return home later that day for dinner. What a tragedy for the family and what sorrow must have been felt to see that empty chair at the dinner table. Hopefully, the family will get support from the community and school in this time of great and unimaginable loss.

The State of New Jersey established The Carnival and Amusement Ride Safety Act which requires an annual inspection of carnival rides. Certification is required for amusement park rides. The State has an engineering staff in place to review, inspect, and enforce the provisions of this law. See New Jersey Carnival-Amusement Ride Safety Act.
While it is helpful to have this law in place, an annual inspection will not safeguard or protect riders especially children from all injuries or incidents at an amusement park or carnival. At times, rides will malfunction and supervision will be lacking. Furthermore, some rides may have a design defect that goes undetected by inspectors and engineers until a tragic personal injury or death takes place.

By David Wolf, Attorney and Robert Fernicola, Attorney
Published by Child Injury Lawyer Network

A day care center located in New Jersey was evacuated after a car crashed into the front reception area of the building. Luckily, no children or workers were injured. The driver of the car, however, was injured, but the extent of his injuries is unknown. Firefighters were able to repair the side of the building, and the children were able to resume class.

Parents in New Jersey depend on day care centers to provide a safe environment for their children. However, sometimes unexpected emergencies can occur which are outside of a day care center’s control. Every day care center should develop an emergency plan to protect children and employees within a facility. The plan should be developed with input from day care administrators and parents and should be rehearsed periodically.

All plans should address the following four areas: mitigation, preparation, response, and recovery. Mitigation involves taking steps to reduce an emergency and is achieved through a risk analysis of possible events that are likely to occur on or near the facility. Preparation involves having a well thought out plan in case of emergency which is rehearsed periodically. How quick recovery occurs after an emergency depends largely on pre-emergency planning and mitigation efforts. Child care centers in New Jersey as well as nationwide contain a large percentage of young children. Therefore child care centers should develop an emergency policy/plan to protect children in case of an unexpected event. For more information on the New Jersey crash, see Car crashes into JC daycare center.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A teenager was critically wounded after he was shot in the chest at a Gloucester City, New Jersey playground. Camden County police were called to the playground around midnight to break up a fight that had broke out. Police were called back to the scene just 45 minutes after their first arrival, because an 18-year-old had been shot in the chest. Neighbors near playground say the location is a popular place for teenagers to hangout and fight. One neighbor estimated about 10 to 15 fights occur at the playground weekly. The victim was taken to a local hospital in critical condition. As time of the release of the following news story, no arrests have been made. For more read 18-year-old critically shot in chest at New Jersey playground. Firearms are considerably dangerous, and often times deadly, weapons. These lethal weapons should be kept out a minor's possession by all means necessary.

Playgrounds and parks should be a safe haven for children and the neighborhood. Unfortunately in some communities, a playground / park is anything but safe.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 7-year-old child was transported to a local New Jersey hospital after the child fell from a chairlift at the Campgaw Mountain Ski Area in Bergen County. Bergen County Police spokesman Lt. James Giblin confirmed the child sustained a head injury as a result of the fall. Before being transported to the Hackensack University Medical Center, the child was reported alert and conscious. Campgaw Supervisor Ron Fuhr said the boy fell anywhere between 15 and 20 feet. The boy fell off the chairlift as it was approaching the unloading station and the safety bar had been raised. Fuhr said this was normal procedure and the child had just scooted too far forward. No charges have been filed in the incident, however, it is still under investigation. For more read 7-year-old boy falls from chairlift at Campgaw Mountain Ski Area in Bergen County, New Jersey, sustains personal injuries. There is no information as to whether the child was accompanied by an adult or other competent person while riding the chairlift. When small children are concerned, the best approach to take in preserving their safety or preventing them from sustaining personal injuries is to maintain constant and incessant supervision. Some times, children are unable to appreciate the dangerousness of their environments. Therefore, having an adult or other competent person providing constant supervision is highly likely to reduce any risk children may have at sustaining bodily harm or other personal injuries.

By Robert Fernicola, Attorney, Steven Smith, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

With increasing public awareness about head injuries due to game-related impact, it is no surprise that state legislatures are enacting laws to help protect youth athletes from sports-related brain injuries. With the start of the new year, New Jersey Governor Chris Christie signed into law a concussion bill that will create a comprehensive awareness and prevention program about these types of injuries. According to research from the Nationwide Children's Hospital and Ohio State University, there were nearly 400,000 concussions in high school athletics during the 2008-2009 school year. The same research study also concluded that 16% of football players who sustained concussions, which were severe enough to lose consciousness, were back on the field the same day. Most youth athletes are so eager to play that they downplay severe injuries. Coaches, parents, and guardians are also failing to recognize the severity of the youths' personal injuries. The main problem with downplaying or not recognizing serious injuries is that the injured youth becomes susceptible to Second Impact Syndrome. SIS is where the rain swells from a second concussion before fully recovering from the first, which causes pressure on the brainstem and can cause coma, brain damage and even death. The goal from these programs is to ensure the youth athletes can handle simple physical challenges and exercises before putting them back into play. For more on this topic see State legislatures enact laws to protect youth athletes from brain injury.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Middlesex County Prosecutor, Bruce Kaplan, announced that the death of a 17-month-old toddler that occurred earlier this year at a Perth Amboy Day Care Center was an accident. The medical examiner concluded the cause of death to be asphyxia, in combination with two respiratory ailments, bronchopneumonia and bronchitis.

The incident occurred at a Perth Amboy, New Jersey day care center after the child became trapped between the mattress and plastic mesh siding of his crib. Pressure coming from the siding and the mattress restricted the flow of oxygenated blood to his brain. Police received a call workers at the day care facility and attempted to revive the child after arriving on the scene. The toddler was transported to Raritan Bay Medical Center, where he was later pronounced dead.

After the toddler's death, the owner of the day care facility, Maggie's Little School, was fined $2,000 and ordered by the city to vacate the building after the structure was deemed unsafe. The owner was using the house she owns as the facility, a violation of Perth Amboy, New Jersey's use-variance law because she did not live in the building. The owner was fined and given a summons because she did not have the correct certificate of occupancy for the structure. Also, a spokeswoman for the New Jersey Division of Children and Families said the state had no records that the day care was licensed or registered.

In New Jersey, registration is voluntary for those caring for five or fewer children. Licensing is required for those facilities that provide care to six or more children. If you would like to read more on this story please see Death of 17-month-old toddler in New Jersey dare care declared an accident.

Most states provide its own independent methods to determine whether or not a day facility is properly registered or licensed within the state. However, parents should conduct their own thorough research of all the prospective day care facilities they intend on providing care for their children. To read more on properly selecting a day care facility for your child please read Important Factor in Selecting a Day Care Center - Instincts of Parents.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Bullying has become a huge problem, especially for children between grade school and college. The State of New Jersey has announced what it called the State's Anti-Bullying Bill of Rights. The Anti-Bullying Bill of Rights designates a chain of command at New Jersey schools to crack down on the bullying the very moment it is reporting. The bill of rights will be presented to New Jersey legislators of both major political parties.

The proposed legislation was introduced after the case of Tyler Clementi, a Rutgers University student who was ousted as a gay man by two of his fellow peers, Dharun Ravi and Molly Wei. Ravi and Wei streamed live video on the Internet of Clementi having intercourse with a man - the video camera was hidden. After finding out about the recording, Clementi committed suicide by jumping off the George Washington Bridge. Ravi and Wei have had charges pressed against them. And, since Clementi's death, there has been rallies supporting stricter laws against bullying.

The new legislation is aimed to protect against bullying of all varieties, much of which happens on the Internet. If you would like to read more on this topic see New Jersey gets tough on bullying.

If you are someone you know is the victim of bullying, you should report the incident immediately. By notifying someone about what is going on, an investigation can be initiated and the bullying will hopefully cease through proper intervention.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A shooting occurred at a privately-owned off-campus fraternity house in New Jersey. A Seton Hall University student said the gunman stood on her back while firing off rounds, apparently with no intended target. The party started on a Friday evening and went into early Saturday, with at least 100 people in attendance. According to students, the shooter was kicked out of the party earlier in the evening for refusing to pay cover to get into the house. The Seton Hall University student stated she heard a fight erupt before the gunman was kicked out and moments later he returned with a handgun and started shooting.

The gunman shot Jessica Moore, a 19-year-old honors student from Disputanta, Virginia. Moore later died at the hospital. Authorities have not released the names of the four other victims, all of whom were wounded but whose injuries were not considered life-threatening. Among these victims were two 19-year-old women who attend Seton Hall, a 25-year-old man who attends the New Jersey Institute of Technology and a 20-year-old man from New York who is not a student.

According to Andrew Di Elmo, spokesman for East Orange police, had not yet identified the suspect but were following several leads. This neighborhood, which is nearby Seton Hall campus, is known for being dangerous. If you would like to read more on this story please see Gunman kills 1 and injures 4 at an off-campus fraternity party.

Jessica Moore's death is a tragedy for her family and community. Although the shooting is over, its impact is ever-present.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The driver of a small, black regular cab truck with pinstripes down the side is wanted for questioning in an hit-and-run accident involving a 12-year-old bicyclist. The Heath, New Jersey Police Department was notified about the incident when the child's mother called and informed them her child had been hit while riding home.

The child was transported to Licking Memorial Hospital where police later interviewed the victim. The victim told a police officer that the driver of the truck initially stopped and asked if the victim was OK, the driver then left the scene. The 12-year-old victim described the driver as a white male, clean shaven, with dark hair and in his 30s. If you would like to read more on this incident please see Police search for trucker driver allegedly involved in a hit-and-run accident.

Luckily, this child was not killed. Drivers involved in accidents causing personal injury and/or death are required by law to stop and stay at the scene until their legal obligations have been fulfilled. Depending upon the jurisdiction, the severity of a hit-and-run offense will differ. However, it is an inherent obligation of a driver to stop and stay at the scene of any accident he or she is involved in.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Trenton, New Jersey, criminal charges were filed against the driver of the transport van employed with Roselle-based On Time Transport Inc. and a day care center worker employed with Pediatric Day Health Center. The incident was very problematic in that the child had serious health conditions that put the child at significant risk for serious personal injuries. The child, Ty'on Moore, was enrolled as a student at the Pediatric Day Health Center. Ty'on was left in a van in front of the day care center for about 5 hours. Ty'on has medical problems including chronic asthma and seizures. The family was very relieved, after Ty'on was evaluated and treated at a local hospital, that more serious complications did not result from such neglect. Police reported that Ty'on was visibly dazed as a result of the incident and possible medical complications from the 5 hour stay in the van.

Negligent cases involving a child left on a day care van, bus, or other vehicle continue to be reported. These cases are especially problematic and even fatal during hot spring and summer months. Day care centers should have a written policy and procedure in place that should be closely followed so that no child is left behind or forgotten on a day care center vehicle. You can read more about this New Jersey Child Injury Incident at 2 Charged for Leaving 2 Year Old in Day Care Center Van.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Trenton, New Jersey, police arrested three juveniles and two adults who allegedly participated in a gang rape of a 7 year old. According to a story posted by the Associated Press, the 7 year old girl's stepsister (age 15) brought the girl to a party and sold the girls to others according to police and investigators. This is a most disturbing story which shows the poor judgment and callousness of teenagers and adults alike. Children should be protected by family members, friends, day care providers, and others. Children should not be taken to parties to be abused, molested, or raped. Hopefully, justice will prevail and the adults and juveniles who committed this crime will serve an appropriate prison term for their crimes. You can read more about this story at Arrests Made in Trenton, New Jersey Gang Rape of 7 Year Old Case.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Matthew Wayne Lightbody of Brick New Jersey, was caring for a nine month old girl in his home when the girl went into convulsions. Lightbody called 911 right away, but when emergency responders arrived they found the girl unresponsive and bruised all over her body.

Lightbody told police that has was simply playing with the child when the injuries occurred, but according to the police report, the child appears to have been kicked and hit while Lightbody was “playing aggressively” with her.

The girl was taken to Jersey Shore University Medical Center in Neptune, New Jersey. She is listed in critical condition.

Lightbody has been charged with second-degree counts of endangering the welfare of a child and aggravated assault. He was also arrested on several other outstanding warrants and is being held in the Ocean County Jail on $100,000 bail.

The girl was not named and there was no mention in the report of who her parents are, or where they were when the injuries occurred. Parents need to thoroughly check into the competency of anyone they entrust with the care of their child. Unqualified caregivers are subject to becoming frustrated easily and striking out at an innocent child with inappropriate force. While a person charged with a crime deserves his or her day in court, a person with several outstanding arrest warrants does not seem like a good candidate for a baby sitter.

Read more about the baby girl from New Jersey who was abused by a caregiver at 9-month-old girl from Brick critically injured by caregiver, police say.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Diane Russell of Vineland New Jersey recently drove her Kia through a red light and slammed into a school bus carrying two children. The bus was flipped on its side; both drivers, the two middle school children on the bus and the five year old passenger in Russell’s car were injured.

The bus driver, Helen Mathis, was briefly pinned in the bus. According to police, all the injured people were taken to the hospital and none of the injuries were considered serious. Luckily, the bus driver had just started her pick up route and only the two students were on board at the time of the accident. Her bus usually carries thirty five students.

Both students were wearing their safety belts when the bus turned over. After the accident, Ms. Mathis advised the students to escape through the back safety exit while she radioed for help. Ms. Russell has been cited for running a red light.

In the morning hours, drivers are usually hurriedly trying to rush to work, and are sometimes more careless or take more risks than at other times of the day. Unfortunately, the morning commute is also the time that school buses are out picking up kids for the day. Getting to work a few minutes early is not worth risking the life, health, safety, or well being of a child.

Read more about this school bus accident at Five hurt in V'land school bus crash.

By Robert Fernicola, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network New Jersey Governor Jim Corzine is considering legislation that would help students with reading disabilities and difficulties with language skills. The legislation would create a reading disabilities task force designed to determine best practices for diagnosing and treating special needs students. The task force would also examine how current state laws and regulations affect theses students. About eighty five percent of New Jersey Special Education students are considered language deficient. Proponents of the new law say that they do not receive proper lessons to overcome their difficulties. They say that the new law would save costs by eliminating unnecessary expenses for children who do not belong in special education classes and can enter regular classes once their reading skills are improved. The bill has passed both the New Jersey Assembly and Senate and is being reviewed by the Governor. It is not clear if he will sign it or not. If approved, the bill would create a thirteen member task force which would include the state commissioners of education and human resources, four legislators and seven public citizens. The ability to read is a critical skill for succeeding in life. Special Needs Children deserve to be given the tools necessary to overcome reading difficulties and be more successful as adults. Find out more about this New Jersey Special Education Law under consideration by visiting NJ measure would benefit reading-disabled students.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to vehicle related safety practices under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-9.5).

When transporting children, day care centers in New Jersey have a duty to properly supervise children. In particular, these regulations mandate that children should never be left unattended on the day care bus, van or vehicle. Furthermore, children should be let on and off the vehicle only at the curbside of the location or street. For all children under the age of 6 years old, the school bus driver and / or aide has a duty to make sure that the child is discharged by a parent and duly authorized caregiver. There are a number of other regulations that can be reviewed in the New Jersey Administrative Code that should be reviewed by both day care providers and parents to make sure that there is compliance with the same.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

For years, the public has heard horror stories on how the Catholic Church in dioceses throughout the United States and abroad knew about sex abuse and molestation cases yet stood by or even helped thwart investigations regarding the same. An interesting article was recently posted at the Ashbury Park Press (New Jersey) Website titled Orthodox Moves to End Silence. The article details instances where children were sexual assaulted or abused yet little to no action was taken by community leaders to address or investigate the problem. Tight knit religious communities internalize many functions and incidents without involving outside authorities. Unfortunately, many sexual abuse and assault incidents including those in or around the Orthodox Jewish Communities may have been "swept under the rug" rather than properly investigated and prosecuted. The fact that a crime is committed by a religious person or in or near a religious community does not change the fact that a crime has been committed. This is a simple maxim apparently is more complicated when dealing the intricacies of religious culture and community.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to activities provided by or at the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.1).

Years ago, day care centers are merely a way in which a child could receive babysitting or supervision while a parent was at work. In more modern times, day care centers are now centers of learning and are required to provide children with planned educational activities. The day care center must develop and implement activities that are geared to the child's age and development level. These regulations apply to both indoor and outdoor activities at the day care center. The staff member responsible for supervising these activities is required to maintain a written outline to be maintained on file at the day care center of the various activities provided for the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to field trips and keeping track of children in and outside of the day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is required of the day care center as to attendance and keeping track of the children?
Each day care center must develop and put in place a Bureau-approved method of tracking children as to location and safety at all times while under the supervision of the day care center. This includes but is not limited to the transfer of supervision of the children during arrival time and departure time.

What training is required as to the tracking of children?
The day care center is required to train all staff members as to the method utilized to track children. As such, if the approved method is a checklist, all staff members must be trained as to how to use and document the check list.

Is there a minimum number of staff members required to accompany children on a day care center field trip?
Yes, there is a minimum requirement of two staff members who must attend the field trip. In addition, the facility has a duty to comply with other staff / child ration requirements when on a field trip.

What is the purpose of these rules and regulations?
Like many other rules and regulations, the purpose of these regulations is to promote the proper supervision and safety of the children. A simple checklist that is completed correctly can help prevent and avoid children being left behind on field trips or left at the facility with no supervision.

There have been far too many incidents involving injury or death to children who have not been properly supervised or accounted for on field trips. The consistent compliance with these regulations is a vital part of the operation of a New Jersey day care center.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to staff / child ratios in day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is a staff / child ratio?
It is the minimum staffing required by the State of New Jersey to be in place for the number of children present at the day care center.

What is the purpose of the staff / child ratio?
The purpose is to make sure that the facility is adequately staffed and that there is a sufficient number of staff members to care for the needs of the children.

Does age play a role or factor in setting up the staff / child ratio?
Yes, the younger the child - the lower the ratio. In other words, a facility with 10 children under the age of 18 months will be required have more staff in place per the regulations than a facility with 10 children over the age of 18 months.

Does compliance with the staff / child ratio mean that my child will be kept safe?
Not necessarily. However, compliance with staff / child ratios and documentation for the same is a good indicator that the day care center is following regulations and putting a sufficient number of child care providers in place to meet the needs of the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.