Child Injury Lawyer Blog

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Mexico and other States, school buses transport students to and from school throughout communities large and small. For the most part, children are safely transported without incident or injury. Unfortunately, at times, a child suffers serious personal injuries while riding a school bus. Some child personal injuries result from an automobile accident. Some result from the unsafe driving of the bus driver. Other incidents or injuries that take place on a school bus result from fights and / or aggressive behavior from other students. The Las Cruces Public School district will be investigating this incident. Unfortunately, there were no video cameras posted on this bus.

Each school district has policies and procedures for student conduct and bus driver supervision for transportation on school buses. It is important for both the students and the drivers to obey and follow these rules. You can read more about this story at New Mexico Child Suffers a Skull Fracture While on School Bus.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sergeant Louis Carlos of the Santa Fe, New Mexico Police Department was present at the hospital when the two year old son of Jennifer Stephenson and a Mr. Apodaca was brought into the emergency room with four centimeter welts across the backs of both of his legs. The police officer said it was very hard for him to listen to the child screaming in pain, and even harder to hear what his parents had to say about it.

According to the child’s father, he entered the boy’s room and found him on lying on his bed underneath a chest of drawers. The child’s mother claimed that she didn’t see or hear anything. But doctors told police that the welts are consistent with the child being tightly bound by ropes, and said they suspected abuse or neglect. They added that they may need to amputate the boy’s legs; they have already performed surgery to remove some of the damaged tissue in hopes of saving his legs.

Both Ms. Stephenson and Apodaca have been arrested and charged with child abuse. The child and his little sister are in the custody of the New Mexico Children, Youth and Families Department. Find out more details of this heartbreaking story at Santa Fe Couple Arrested, Accused Of Child Abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

On news stations, You Tube, and other media outlets, a video of Elizabeth Lambert has hit the airwaves in a big way. Elizabeth Lambert is a college soccer player for the New Mexico Lobos. In a game versus BYU, Elizabeth was filmed pushing, punching, and then dragging another player down by the other player's hair. The action is rough. Some say that Elizabeth Lambert is a soccer bully . . . others may refer to her as a tough competitor. The videos do show that women's soccer is a competitive tough sport. It should be noted that on some plays other plays are pushing, punching, and grabbing Elizabeth's shorts. While she may have been provoked at times, Elizabeth Lambert seemed to retaliate with greater force. You can make the call by watching the various videos online of Elizabeth's play. You can view one such video at Elizabeth Lambert - Soccer Player.

Parents of young children playing soccer certainly should not use these videos as examples of play, sportsmanship or technique. Serious personal injuries can result from such play and conduct.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Mexico and other States, most parents believe that their children are safe from harm while tucked into their own beds. In Albuquerque, New Mexico, parents received quite a scare recently when a car crashed into the apartment complex. Actually, the car crashed right into a bedroom. Fortunately, there were no serious personal injuries suffered by the children. Just minutes before the automobile accident, the 2 year old awoke and went into another room. Tragedy was avoided but it was quite frightening of this family. You can read more about this story at Car Crashes into Albuquerque, New Mexico Apartment Complex.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Santiago Armijo was given a criminal sentence of probation recently for his involvement in the hazing of high school football players in New Mexico. Prosecutors
and Judge James Hall determined that Santiago's involvement was less than the other 5 defendants. The attacks which involved sodomizing football recruits with a broomstick and other bad acts. The other 5 defendants pleaded not guilty and are awaiting trial. Santiago pleaded no contest to criminal counts of sexual penetration and conspiracy.

You can read more about this story at Teenager Gets Probation for Role in New Mexico High School Football Hazing Incident.

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 Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Although statistics reflect that the percentage of uninsured motorists has decreased in Wisconsin and nationally in the past few years, there is a concern that recent economic problems may result in a rise in the number of uninsured motorists. In a recent study conducted and released by the Insurance Research Council (IRC), it estimated that nationally in 2007 approximately 13.8 % of motorists were uninsured. The study provided data, by state, as to the percentage of uninsured motorists, with the highest being New Mexico and Mississippi, at 29% and 28%, respectively, and the lowest being Massachusetts and Maine, at 1% and 4%, respectively. Wisconsin's estimated percentage of uninsured motorists in 2007 was 15%, ranking it in the highest third of uninsured motorists in the nation. The study found a strong correlation between the percent of uninsured motorists and the unemployment rate. To view the News Release, dated January 21, 2009, by the IRC, go to Study and Statistics as to Uninsured Motorists.

As problems with the economy continue and as more jobs are lost, it is expected that the percentage of uninsured motorists will increase from 13.8% in 2007 to 16.1% in 2010. Wisconsin mandates that auto insurance policies written in the state include uninsured motorist coverage, to protect injured victims of vehicle collisions with insurance coverage for their medical expenses and damages, however, it is clear that without mandatory vehicle insurance, responsible citizens who purchase auto insurance coverage will continue to pay for injuries caused by citizens who fail to purchase insurance on their vehicles.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Religious cult leader Wayne Bent was sentenced to a prison term for sexual misconduct with a female follower. Bent, who is 67 years old, was sentenced to a maximum term of 18 years. At the sentencing hearing, Bent denied that he committed any wrongdoing and claimed that he did not touch any of the girls sexually. A jury concluded otherwise on this case. Of course, the case of Wayne Bent is not the first case that a religious leader has used his position of trust to molest and sexual abuse a child.

You can read more about this story at Religious Cult Leader Wayne Bent Sentenced to Prison Term.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Wayne Bent, who calls himself the second coming of Christ, is yet another church leader in New Mexico that has been arrested and will stand child not as a church leader but as a sexual predator. Bent recently gave an interview to ABC Good Morning America to clarify his actions to his followers who attended the interview. Bent is the 67 year old leader of a fringe church called the Lord of Our Righteous Church. Bent admitted to Good Morning America that he did lay next to one of the naked teenagers and put his hand on her chest (sternum). How this can be any part of a reputable and traditional church procedure, service, or prayer ceremony is really beyond any comprehension? Bent's unusual rituals go right into his teachings according to former church members. One former church member stated that one stipulation of the church is that Bent is the only person who can have sex with church members.

You can read more about this story at Sect Leader on Trial in New Mexico for Molestation of Teens.

Law enforcement officials have a duty to investigate and prosecute allegations of abuse and neglect including that of sexual abuse and assault on children. If there is sufficient evidence to prosecute, prosecutors will then take the case forward to trial if necessary in order to enforce of the laws of the State of New Mexico.

Child personal injury attorneys are often represent the interests of children and are able to conduct an independent investigation into allegations of abuse and neglect. Civil attorneys can pursue a civil case against the sexual predator, church supervisors, and other individuals who caused, contributed, or allowed the abuse and sexual assaults to take place at all. Churches should be havens of safety and morals for children rather than places where they are sexually assaulted and taken advantage of by those church officials who have a fiduciary and moral duty to supervise and protect our children rather than harm them.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Hazing is still a serious problem in Florida and the rest of the United States. Clubs, fraternities, gangs, and sports camps all carry with them the danger of hazing. What is hazing? I guess this all depends who you ask. If you ask the hazing victim, hazing involves humiliation, degrading acts, psychological warfare, and physical abuse. If you ask the hazing criminal defendant, hazing is harmless fun that everyone had to go through in order to become part of the club, gang, or program. Like anything else, tradition is no excuse whatsoever for abusing another person. This especially applies to children.

The mental and physical injuries suffered by children who are victims of hazing incidents can often times last a lifetime. This especially applies to victims who have been sexually assaulted or molested.

In Las Vegas, New Mexico, six teens from the Robertson High School football program were charged with conspiracy and other criminal offenses for various hazing incidents at a high school football camp. The criminal acts included sodomizing the new football campers with broomsticks. How any of this relates to learning football skills or becoming a better football player is truly beyond comprehension.

The head coach and other coaches resigned. The quality and extent of supervision are seriously being questioned and should be investigated by police and prosecutors. In addition to a criminal investigation, the family of the victims can retain a personal injury attorney to further investigate the matter to make sure that those responsible (directly or indirectly) for the acts are identified and dealt with through criminal and / or civil proceedings. In addition to criminal charges, the victims of the hazing incidents may have personal injury claims against the school district, camp organizers, and any other entities that created or allowed such abusive incidents to take place. Imagine, parents send their child to football camp and the child comes back sexually assaulted and sodomized with a broomstick. This is truly a tragedy for the child and his family.

Robertson High School has a couple of New Mexico High School State Championships in recent years. Frankly, the horrific acts of sodomizing new recruits overshadows anything showing up in the win or loss column for the team in past years. You can read more about these hazing incidents at New Mexico Teens Charged for Hazing at Football Camp.