Child Injury Lawyer Blog

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

In New York and other States, wrongful death cases are filed to pursue damages / compensation for the death of a child. In Oyster Bay Town / Nassau County, it was reported that Oleksandr Safronov, age 15, dies when he was hit and killed by an automobile as he was skateboarding in Syosset, New York. The New York wrongful death lawsuit alleged, in part, Oyster Bay Town and Nassau County were negligent in their maintenance of the sidewalk area. In particular, the lawsuit / complaint alleged that the sidewalk was "impassable" which, in turn, caused Oleksandr to ride his skateboard into the street. See Wrongful Death Lawsuit filed in Nassau County, New York.

Wrongful death cases, claims, and lawsuit can be very complicated. A Child Injury Lawyer can help guide a family through the process and provide advocacy to the family regarding the wrongful death of the child. Wrongful death cases can present themselves in many forms including automobile accidents, day care injuries, pedestrian injuries, bicycle injuries, medical malpractice, and other causes.

It is well known that children often times lack good safety awareness and judgment. While a child (certainly an older child) may bear some responsibility for the injuries, most States have comparative fault standards in place. In other words, even if the child was partially negligent or at fault, the parents can still pursue a claim or lawsuit on behalf of the child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Bills, Damages / Compensation, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

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

In New York and other States, hazing is a tradition or problem that continues to victimize children in elementary school, middle school, and high school. In many instances, the tradition or initiation of hazing goes unpublished and there is a degree of tolerance for the bad acts of members, athletes, or students who commit these bad acts. Many schools have anti-hazing policies and procedures in place. The enforcement of these policies and procedures is not so easy and it a challenge to spot hazing activities and to punish the wrongdoers.

A Child Injury Lawyer can advise, consult, and represent the hazing victim in a case against the bullies, homeowner's insurance, school, and other possible defendants. There are a myriad of problems associated with hazing activities. The victims of hazing often suffer physical and / or emotional personal injuries. In some instances, serious personal injuries and even wrongful death result from hazing related activities.

It was reported in Warsaw New York that two high school wrestlers were charged with crimes involving alleged hazing acts that took place in a locker room. The victim suffered a broken jaw as a result of the hazing related activities. The charges were filed after a criminal investigation that included almost 30 interviews. The Wyoming County District Attorney filed the charged against a 16 year old and a 17 year old. The students charged reportedly bullied two other students into fighting against each other. The inverstigation also uncovered evidence in the form of a mobile phone video of at least a portion of the fight. The students charged will be entitled to representation by a New York Criminal Defense attorney or the services of the public defender's office.

It is difficult for victims and their parents to deal with the aftermath of a hazing incident. There are many issues to address including continued attendance at the school, dealing with or being around the bullies involved in the incident, medical care / treatment counseling, and other issues. The book titled - The ABCs of Child Injuries - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Homeowner's Insurance, Damages / Comnpensation, Medical Treatment / Medical Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.

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

In Potsdam, New York, the Watertown Daily Times reported that a day care center was cited with violations of day care laws and regulations. The New York Office of Children and Family Services is the New York government agency charged with licensing and supervising day care center. It was reported that Build Blocks Day Care Center was cited with over two dozen violations over the past two years. See N New York Day Care Center Cited with Violation of Day Care Regulations. It was noted in the article that the violation of a day care regulation does not necessarily mean that a facility is a "good" day care facility or a "bad" day care facility. This is probably an accurate statement; however, compliance with New York day care standards including those pertaining to safety, playgrounds, staffing, and supervision can help prevent or avoid many incidents that do cause serious personal injuries to children enrolled in a day care program.

It can be quite difficult for a parent to deal with an unexpected child injury that takes place at a New York day care center or child care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. To receive a free copy of this book, go to The ABCs of Child Injury.

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

In Buffalo, New York and other communities, it is vital that drivers follow traffic regulations and speed limits especially in areas where children are pedestrians or bicyclists. Unfortunately, many children suffer personal injuries and some even die due to the negligence of others. In Buffalo, New York, the Buffalo Police reported that a 9 year old child - Daspan Niroula - died after he was hit and killed by a day care bus. The boy's brother - Chandra Niroula - age 16 - stated that the bus ran a stop sign. Police will fully investigate the accident since a death resulted. The driver drove the bus for Lil' Workers Child Development Center, a state-licensed child care business run by Greater Works Christian Fellowship Church. See Boy Struck by Day Care Center Van - Police Investigating.

Pedestrian accidents are not always clear cut as to the liability or fault of the driver as compared with the pedestrian. Regardless of the outcome of the investigation, the untimely death of a 9 year old is tragic and a great loss for the family, neighborhood, and the community.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. A parent can obtained a copy of this book for free at The ABCs of Child Injury.

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

In Monroe County (North Greece) New York, a child injury was reported at the YMCA located on Long Pond Road. Fire fighters / paramedics with Monroe County EMS responded to the YMCA and reported that a child was in a crawl tube with a neck injury. The story was posted on the site Monroe County Fire Wire which is a website owned and managed by Scott Ellman who is a firefighter with the Brighton Fire District. The website provides good public service information to residents served by hard working men and women who work as firefighters and paramedics in the area. See Child Injury Reported at New York YMCA.

When a child suffers a personal injury at a YMCA and / or a day care center, an investigation will typically be conducted by the facility and in some instances by local law enforcement, fire rescue, and / or the social welfare agency that regulates day care and child care facilities. Some incidents involving an injury to a child are unexpected and unforeseeable. Others, however, are foreseeable and more importantly preventable with better supervision and better equipment in place.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - is a good resource guide for parents seeking answers and basic information when a child suffers an injury at a school, day care center, home, or other location. The book has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. This book can be obtained by parents and other interested person for free at - Free Child Injury Book for Parents Seeking Answers to Common Questions and Issues.

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

An Oswego County, New York high school student died from injuries suffered in a high school football game. Ridge M. Barden, a 16 year old student at Birdlebough High school, suffered severe head trauma when he made helmet- to - helmet contact with another football player. Braden complained of a severe headache and collapsed on the field shortly after the collision. School officials and paramedics were on the scene and transported the teen to a local Syracuse, New York hospital about 30 minutes away. Braden's condition worsened during transport. He was pronounced dead at the hospital.

The autopsy of the teen revealed that he suffered a massive sub-dural bleed after colliding with another football player. The police has ruled this tragic death as an accident.

When your child plays an organized sport it is important that they always wear the sport specific equipment. The equipment should fit properly and be inspected for defects. If your child suffers a blow to the head, make sure that they are checked out by the sports medical team. The organization sponsoring the sporting event should have a well established emergency plan to deal with this type of head injury. Helmet- to- helmet contact is no longer accepted in the National Football league. Professional football players have received large fines for violating this rule. Make sure you child understands the risks of helmet- to - helmet contact. For more information see, Helmet to Helmet Play Leads to Serious Head Injury and Death For High School Football Player.

By Steven Smith, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Every year, more than 5,100 American children are taken to the hospital after falling out of windows. More than a quarter of these children are admitted with serious injuries.

Between 1990 and 2008, nearly 98,415 children under the age of 18 were treated at hospitals for injuries sustained after falling out of a window. Tragically, two of the window failing incidents resulted in the death of a child. Toddlers led the injury statistics, however, accounting for two-thirds of all cases because they are curious, don't understand the danger, and have a high center of gravity.

Although the number has slightly decreased over the last 19 years, the number is still too high. While many people know how to prevent this problem, there are still those who do not.

Parents, baby sitters, schools, and day care centers need to make an extra effort to keep their children safe around windows. Window screens will not be enough. However, child care providers can ensure that kids do not have access to a window. For example, furniture can be moved away near windows so that children cannot climb atop, by therefore putting themselves more at risk to falling.

Parents can also install window guards or stops. Some cities, in fact, may have mandated this already. In New York, for instance, the Health Code requires apartment buildings to install guards on all windows in households with kids under 11.

If parents perform these simple safety tasks, they can decrease their child’s risk to falling out of a window.

For more information, see Thousands of kids in hospital for window fall.

By Steven Smith, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

According to police, an investigation of an alleged sex offense at a privately run New York day care center has led to criminal charges against a 15-year-old. Chief Roland Nenni said that the youth was charged with first-degree sexual abuse and endangering the welfare of a child. The alleged incident occurred at the day care center on East Park Street in Orleans County within the past year. The investigation was completed with the help of the Orleans County District Attorney’s Office, the state of Office of Children and Family Services and the Justice for Children Advocacy Center. No information about the perpetrators identity has been released due to his status as a juvenile offender, said Nenni.

According to a new study commissioned by the Justice Department, more than one third of sex crimes against juveniles are committed by juveniles. The study by the Crimes Against Children Research Center at the University of New Hampshire showed that juveniles account for 36 percent of all sex offenders who victimize children; seven out of eight juvenile offenders are at least 12 years-old and 93 percent are boys. The author of the study, David Finkelhor said that juvenile offenders are different from adult sex offenders because they are more likely to commit sex offenses in groups, and their victims are more likely to be young males. For more information on this topic, see Study: Many sex offenders are kids themselves and 15-year-old charged with sex offense at daycare center.

By Steven Smith, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Police have charged a teen with sexually abusing children at a Seneca County New York day care center. According to the Seneca County Sheriff’s Department, a 14-year-old boy has been charged with juvenile delinquency for committing acts that would amount to seven counts of child abuse and seven counts of endangering the welfare of a child if he were an adult. Deputies allege the teen had sexual contact with several children on several different dates over the last nine months; the boys range in age from six to nine-years-old. The day care center has not been identified, but investigators said it is located on the south end of Seneca County. Seneca County Child Protective Services and the State Office of Children and Family Services are working in conjunction with the Seneca County Sheriff’s Department during the investigation.

A juvenile sexual offender is defined as “a youth, from puberty to the legal age of majority, who commits any sexual act with a person of any age, against the victims will, without consent, or in an aggressive, exploitive or threatening manner.” During the last decade, many clinicians began recognizing and addressing the seriousness of juvenile sexual offenses. Studies have shown that most incarcerated adult sex offenders began committing sexual crimes during their early adolescence. More recently, the increased awareness of the number of molestations committed by teens has alerted the child abuse community for the need to intervene with juvenile offenders.

For more information on this topic, see Deputies say teen sexually abused kids at Seneca Co. day care.

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

A 4-year-old Brooklyn boy was fatally attacked by a family dog. Some believe this New York dog bite / dog attack may have been preventable. Four year old Jayelin Graham was fatally mauled by a Cane Corso Mastif. According to an article in the San Franciso Chronicle, the oversized canine allegedly "erupted in a violent rage" It is unknown what actually enraged the dog, but neighbors and others around the neighborhood stated the dog had a known reputation for being a menace. The owners of the dog disagree with their neighbors and say the dog did not have a violent nature. According to a witness, a man who attempted to save the young boy, the child had no hope once he was locked between the dog's jaws. The man told the Daily News the dog was trained to kill. The man saw the dog violently shaking the boy by his throat. The boy's aunt said the attack happened in a matter of seconds. As of now, no charges have been filed. For more details on this story please see 4-year-old Brooklyn boy fatally mauled by Cane Corso Mastif.

Although this breed of dog is typically easy to breed, they have strong protective instincts, which may prove to be troublesome. These dogs can be highly suspicious of strangers; for this reason aggression should never be encouraged. Also, these dogs typically dislike new things, animals and people. Therefore, owners need to be highly cautious when introducing this breed to new people or things. Dogs are great family pets, however it should not be forgotten dogs are still animals with animal instincts - caution should always be used when children are around dogs.

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

In Long Island, New York, three bounce houses went airborne after some strong winds lifted up the bounce houses at a soccer tournament. The incident took place at the Town of Oceanside (Long Island) New York at the United Soccer Club. Bounce houses can be susceptible to strong winds and thereby create a zone of danger when the bounce houses are not properly secured in place. When operating or renting a bounce house, it is important to read the weather forecast. Furthermore, it is also important to monitor the weather forecast and weather reports during the time that the bounce house is in place. While bounce houses are typically fun for children, safety is a priority at all times. It was reported that 13 people were injured as a result of this bounce house incident. See 13 Injured WHen Bounce Houses Go Airborne in New York.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - has chapters on Playground Injuries, Medical Bills / Medical Treatment, Damages / Compensation and other topics. You can receive a free copy of this book at Free Child Injury Book for Parents - Answers to Many Common Questions When a Child Is Injured. The book is also available at Amazon, Barnes & Noble, and the Apple iBookstore.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former basketball coach for Christ the King men's basketball team recently admitted to molestation allegations dating back to the summer of 1976. Former Coach Bob Olivia will receive five years probation for abusing his then 14-year-old player, James Carlino. Olivia must also register as a sex offender, wear a GPS device, and is not allowed to coach or have contact with a child under 16. Carlino, now 49-years-old, claims he was molested by Olivia on trip to watch the Yankees play the Red Sox and then at least 100 times after that. Carlino also claimed the sexual abuse occurred over a 4-year period when he played youth basketball at St. Teresa of Avila Parish and St. Mary Gate of Heaven Parish, both located in Queens, New York. Carlino was between the ages of 12 and 16 when the sexual abuse occurred and Olivia was his coach. Carlino filed a $20 million dollar lawsuit in Massachusetts, because state law dismisses the statute of limitations if a defendant is from out of state. Two other men have since come forward alleging similar allegations. For more read Former youth basketball coach pleads guilty to sexually abusing his former players.

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

The driver's license of a man who was driving a New York tour bus has been suspended after the bus he was driving rolled over and killed 15 of its passengers. The driver has been identified as 40-year-old Ophadel Williams. Information from the New York Department of Motor Vehicles has been turned over to the New York State Police and the State Inspector General regarding evidence of alleged false statements given by Williams. According to Howard Glaser, the governor's director of state operations, the information referred to for investigation includes driver license application containing false statements about the status of his license. Williams told police the incident occurred after he swerved to dodge a tractor-trailer that might have clipped the bus, which caused the bus to flip on its side and smash into poles. In light of Williams' criminal record and driving history, an immediate investigation was prompted. About 20 years ago, Williams reportedly fatally stabbed a man. He was convicted of manslaughter and served 3 of the 9 years he was sentenced, from 1992-1994. Williams was later convicted of grand larceny, he spend parts of the years between 1998-2002 behind bars. The tour bus had left the Mohegan Sun Resort and Casino in Uncasville Connecticut, and was bound for Chinatown in Manhattan. Of the 31 passengers aboard, 15 were killed in the incident and 7 sustained severe personal injuries. Williams suffered non-life-threatening injuries and has not been charged. For more on this story read Bronx tour bus driver's license suspended after bus crashes and kills 15 passengers, 7 more suffer severe 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, Steven Smith, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Kristal Khan, a babysitter from Queens, New York, ran an unlicensed day care center out of her home. She is accused of becoming extremely drowsy and falling asleep after drinking NyQuil cold medicine while babysitting 11-month-old James Farrior III on June 15, 2009. James allegedly fell head first into a mop bucket full of water and drowned. Kahn is accused of not waking up because she was in a cold medicine-induced sleep when James fell into the bucket full of water in Kahn's Richmond Hill home. Kahn is being tried on reckless assault charges and could face up to four years in prison if convicted. More troubling is Kahn's emotional state or, better put, lack thereof. Prosecutor Leigh Bishop stated the state will produce witnesses, firefighters and police who will testify that Kahn was "calm and without emotion" in her statements after the incident. NYPD Detective Brian Simonsen testified that Kahn showed no emotion was neither sad nor frantic when she gave her written statement a mere 2 hours after the death. For more details on this case and to see a video of Kahn please see Drowsy babysitter case of Queens, New York goes to trial.

The death of this infant boy is a tragedy for his family and community. Kahn is presumed innocent until proven guilty. Day care providers not only have a legal responsibility but also a moral responsibility to comply with all legal requirements of running a child care facility. Improper licensing, or a complete lack thereof, is an extreme lack of concern for the minimum legal and moral obligations child care providers should provide.

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

Local officials are investigating a car crash involving a car crashing into a home in Holley, New York. When police arrived to the scene, they found the car already inside the home. Officers had to assist the passengers out, as the vehicle had struck a gas meter and gas was leaking onto the air. The car was being driven by a 26-year-old female driver and occupied by a 6-year-old and a 6-month-old child. The female driver sustained personal injuries to her head, back and leg. The 6-month-old was placed in pediatric intensive care and sustained personal injuries to the head and leg. The 6-month-old infant was treated and released. According to officials, the vehicle went off the roadway, struck a power pole and then struck the home. Car crashes can be extremely harmful and sometimes fatal. It is important during this time of year, when weather conditions are not favorable for driving, for drivers to stay alert and keep their focus on the road. Hopefully, both children were properly retrained in the vehicle - the toddler in a car seat and the 6-year-old also properly retrained inside the vehicle depending upon the child's height and weight. If you would like to read more details on the crash please see Driver and 2 child passengers sustain personal injuries after crashing into New York home.

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

It is well known that children are curious. Unfortunately, many children also do not recognize the dangers of lighters and matches. Child's play with flammable producing items like matches and lighters can lead to dangerous fires that can and do cause serious personal injuries and death. In Brooklyn, New York, it was reported that a fire started by a child playing with matches caused the death of a 4 month old baby girl named Aniyah Vaughan. See Child Playing with Matches Caused Fatal Brooklyn Blaze. Firefighters responded to the scene and were able to get Aniyah out of the building. Unfortunately, Aniyah later died at the hospital.

Parents, teachers, day care providers, and others who supervise or care for children should keep matches and lighters out of the reach of children. While a child may know not to play with matches and lighters, they still do. The best safety measure is to remove the items from the reach of children.

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

In New York, parents should be able to use sidewalks with safety. This is especially true when parents are escorting children or pushing babies / infants in a baby stroller. Unfortunately, there are reported incidents in which a vehicle hits pedestrians who are walking on sidewalks. In Astoria, New York, a mother suffered personal injuries while she was pushing a stroller. A Lexus SUV popped up on the sidewalk and hit the mother. The incident took place on Broadway and 37th Street in Queens - New York. The mother suffered serious personal injuries. The baby did not suffer serious personal injuries according to news reports. You can read more about this story at Mother Injured While Pushing Stroller on Astoria New York Sidewalk.

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

A Pittsford, New York day care center is being investigated after a child came home with a fractured skull. To this day, parents still do not know how the incident happened. After the incident, a local news team learned that the day care center, Storybrook Child Care, was cited for serious violations. In May, the little boy was sent home with a head injury and the day care did not report or document the incident. The boy's parents discovered the injury by giving him a kiss on the head one day. After stumbling upon their son's injury, the parents immediately rushed their child to the hospital; the infant's head had begun to swell and he was diagnosed with a skull fracture.

After this terrible incidents, the State of New York stepped in and initiated an investigation on the center. The inspection found almost a dozen of violations, many of which were serious and one was labeled "imminent danger." The violations included leaving children without competent supervision, failing to notify the parents of a child's injury, failing to report an injury to the state, failing to supervise staff and failing to cooperate with an inspection or child abuse investigation. According to the sheriff's report, this is not the first claim of child maltreatment that has been reported against the center.

If you would like to read more on this story please see Day care in Pittsford, NY goes under investigation after sending a young boy home with a skull fracture.

Day care workers and employees have a duty to protect the children under their care. Parents place a significant amount of trust in these workers and employees to protect and keep their children safe when the parents are unavailable. No day care worker or employee should ever neglect or underestimate the position of trust placed in the hands of a day care worker or employee.

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

New York State Police say Aaron Davies, a 2-year-old boy, drowned in an above-ground pool located in the backyard of the toddler's residential daycare facility in Greenville, New York. Aaron and nine other children were cared for by three women at the day care, which is unlicensed. Allegedly, while the children were in the backyard, the toddler climbed the ladder leading up to the pool without being noticed and entered the pool. It is believed the toddler was underwater for 3 minutes before he was found by the adults working at the day care. Rescue personnel was called and performed CPR on the toddler until he arrived at Albany Medical Center, where he was later pronounced dead. If you would like to read more on this story see Toddler drowns in backyard pool at unlicensed day care facility.

This child's death is a tragedy for his family and the community. Water, although fun and great exercise for children, is incredibly dangerous. Parents, guardians, babysitters, day care providers and employees need to maintain constant supervision while the children under their care are playing in the water. Before allowing a child to play in water make sure he or she is not too fatigued, is capable of swimming in the depths of the water or is provided the proper and approved safety devices. If you would like to read more water safety tips see Swimming Pools and Safety - Need for Consistent and Undistracted Adult Supervision.