Child Injury Lawyer Blog

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.

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

A 6-month-old baby girl, identified as Gianna Ricciutti, was killed and her mother injured by a falling tree branch at New York's Central Park Zoo. According to police, the mother was posing with her baby in front of the zoo's sea lion exhibit while her husband was taking a picture of them when a tree branch fell and hit the two victims. The mother and infant were taken to New York-Presbyterian/Weill Cornell Medical Center, where the infant was pronounced dead and the mother in stable condition.

Surprisingly, this is not the first death of the year caused by falling tree branches in Central Park. In February, a 46-year-old man was killed when a branch heavy with snow broke from the tree and hit him. Also, in July 2009, a Google engineer was knocked unconscious after a rotted tree branch fell and hit him on the head. If you would like more information on this story please see Falling branch at New York's Central Park Zoo kills infant.

The death of this child is a tragedy for her family and the community. Hopefully this recent death will prompt the zoo to take action and implement a new plan that requires zoo workers or other employees to care for and maintain the site in order to provide a safer environment for visitors.

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

The number one cause of injury-related death in New York City is motor vehicle accidents. According to annual reports released by the State of New York Department of Health, 1,535 children died in New York City, of those 445 deaths were caused by injuries and 106 were killed by motor vehicles. The overwhelming majority of children killed by motor vehicles were walking at the time they were fatally struck, the others were riding bicycles or scooters. Although New York automobile accidents seem to be the cause of injury-related death to New York City children, the state's number of deaths is relatively low when compared to the national average. In fact, New York City has just 1/3 of the transportation-related child fatalities that the nation's average has. The primary reason being that so many New Yorkers rely on public transportation. Therefore, the public transportation system in New York City keeps children safer from automobile accidents than they otherwise would be.

The New York health department also offered ways to keep the state's children safe:
1. Stronger enforcement of traffic violations.
2. Install cameras and allow the cameras to enforce the speeding laws on dangerous speeds.
3. Install convex mirrors on truck to provide better visibility.
4. Better installment of child car seats.

If you would like to read more on this report and see a statistical pie chart of the report's finding see Automobile-related injuries remain the number one cause of death to New York City children.

Automobile accidents can result in serious injury and sometimes death. Drivers should always pay attention to the road, be aware of their surroundings, keep distractions to a minimum (e.g., by avoiding cell phone use while driving) and wear safety belts. Increased driver awareness will keep children safer and, hopefully, prevent more automobile-related child fatalities from occurring.

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

Swimming accidents left three people dead, as a result of drowning, across the State of New York on Saturday, July 3. Fajir Javid, 9, of New York City had been camping at the Willington Lake Campground in Willington, New York with her family, other children and adults involved in a scouting organization. Javid was swimming with adults and other children when one of them noticed her missing. Adults immediately began searching for Javid while others called police. About 45 minutes after the Willington Fire Department and emergency divers arrived, Javid was found. Javid was located in about 10 feet of water, 25-30 feet off shore. The girl was taken to Johnson Memorial Hospital, where she was pronounced dead. Ursula Lerse, 85, a resident of New Milford, New York, drowned while swimming in Candlewood Lake. Lerse was found by a firefighter about 20 feet from shore. Juan C. Lopez of Jamaica, New York drowned while swimming at Bull's Bridge. You can read more about this at 3 New York residents drown over holiday weekend.

These deaths are unfortunate for the families and the communities of the drowning victims. Summer time is in full effect and more people are frequenting community pools or area beaches, rivers, or lakes. Although water activities are fun, they are also inherently dangerous. Not only should children be careful while swimming, but adults needs to appreciate the dangers as well. Regardless of distractions, parents or caretakers should always watch their children. Adults need to take precautions as well - although adults may be experienced swimmers, they too can be overtaken by fatigue or rough currents. You can read some suggested safety tips at Water Safety Tips for Kids and Parents.

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

In New York and other States, two things don't mix well - day care centers and guns. In Syracuse, New York, a man was sentenced to prison for having a shot gun outside of a New York day care center. He was charged and sentenced for criminal possession of this firearm / weapon. Police had responded to the scene after getting a call that shots were fired. While no children or others were injured, the man was still charged with a crime. See Syracuse, New York - Man Sentenced to Prison for Having Shotgun Outside of Day Care Center.

Day care centers should be a safe and nurturing haven for children. Unfortunately, people put children at danger in day care centers frequently by conducting criminal activity in and / or around day care centers. Vehicles have been reported to crash into day care centers and some people have even run drugs in or near a day care center. The safety and welfare of children should be a paramount concern for the day care center, the community, and any persons in or around a day care center.

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

In New York and other States, parents bring their children to day care centers with the hope and expectation that their children will be cared for in a safe and caring environment. Unfortunately, some day care workers and child care providers prey children enrolled in day care centers. Some children suffer personal injuries due to neglect or physical abuse. Others suffer at the hands of a child care provider who makes the decision to molest and sexually assault a small child. In Irondequoit, New York, a day care worker has been accused of molesting a 7 year old girl. Police arrested Joseph M. Calabrese, age 24, who has been criminally charged with endangering the welfare of a child and with sexual abuse. Mr. Calabrese was working at Generations Daycare at the time of the alleged criminal conduct. Since Mr. Calabrese has been arrested and faces criminal charges, he will be entitled to legal representation from a private New York criminal attorney or a qualified public defender. News report did not detail the exact evidence that supported this criminal investigation. In many day care cases of this nature, evidence varies from witness statements, photographs, video surveillance, admissions of the suspect, documents, e mails, and text messages. It will be interesting to see how this criminal prosecution develops and what evidence is ultimately revealed to support these allegations. You can read more about this story at Irondequoit, New York Day Care Work Accused of Sexually Abusing 7 Year Old Girl in New York Day Care Center.
Generations Daycare in Irondequoit.

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

The New York Daily News reported that a 3 year old boy was attacked by the family pit bull. The attack may have been triggered by a family argument which, in turn, may have agitated the dog. Further investigation may reveal additional details and / or causes of this incident. Whatever the results of the investigation, it is clear that a 3 year old suffered serious personal injuries from the family Pit Bull. There have been many reports of the family dog including the family Pit Bull dog attacking children. Is it the breed? Is is the individual temperament of the dog? Is it because of environmental factors? Is it because of the living space of the dog or family?

You can read more about this New York dog bite attack at Brooklyn 3 Year Old Attacked by Family Pit Bull. If you or your child has been attacked by a dog, contact a Child Injury Lawyer to determine the legal rights of the injured person and the legal responsibilities of the dog owner.

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

In New York and other States, bus drivers, day care providers, and child care workers continue to forget children on school buses and school vans. What would appear to be a simple task of having every child exit the bus still cannot be completed by some people. A simple checklist or policy and procedure would prevent the problem of leaving a child unattended on school bus. In Brooklyn, New York, it was reported that a school bus driver and a matron left a 2 year old child on a school bus. A bystander noticed the child crying and located a nearby school security agent. Fortunately, after being evaluated at a local hospital, the child did not appear to suffer any serious personal injuries. You can read more about this story at New York 2 Year Old Left Alone on a School Bus.

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

In New York and other states, there are many dangers in the home. Toddlers are very curious and adventurous. In addition, toddlers have poor safety awareness. Many parents, day care operators, and child care providers do not realize it but there are dangers in common every day household objects like window blind cords and chains. In Holtsville, New York, it was recently reported that a 2 year old toddler died after becoming entangled in a window blind chain according to the local police. Brendon McCarthy died after what appears to be a tragic accident in his home. He was found in the home by his father. The death of Brendon is a great loss for his family, friends, neighbors and the community. You can read more about this story at Holtsville, New York Boy Dies as a Result of Entanglement in Window Blind Chain.

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

In New York and other States, the teenage years are often filled with good times and fun. The teenage years are also filled with pressure, stress, a transition from childhood to young adulthood, and the demands of everyday life. Even those teens who appear to have everything in place can be the ones at risk for stress, depression, and in some instances suicide. In New York, a 17 year old (Alexis Pilkington) ended her own life. She was a soccer star at the West Islip High School and was credited with helping her team win the Long Island Soccer Championship last year. She was well liked and a great soccer player. She also had some issues that she went to therapy for. Tragically, Alexis ended her own life despite the love and support of family, friends, and the community. Hopefully, Alexis will be remembered for her smile, her love of family, and her great soccer abilities. The death of Alexis should be a life lesson and teaching tool of sorts for others. Suicide is a real risk for many teenagers even those who appear to be "on the ball" or great kicking the ball. You can read more about this story at 17 Year Old Star Soccer Player Ends Her Life.

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

Two year old Olivia Raspanti choked on a carrot and died last year while attending the Carousel Day School in Hicksville, New York. Olivia apparently took the carrot from a teacher’s bag and tried to eat it. She choked and was taken to the hospital where she later died.

Eugene Formica, the daycare center’s owner, and Kathryn Cordaro, the manager, were both arrested, and pleaded not guilty to several charges, including misdemeanor charges of second-degree reckless endangerment, misrepresentation by a day care provider and not having a required license and a felony charge of reckless assault of a child by a day care provider. The Carousel Day School faces the same charges and may be fined up to $25,000.

This past week, Nassau County, New York prosecutors announced that the pair had been indicted by the grand jury. The felony charge could result in a prison sentence of up to four years, while each misdemeanor has a maximum one year sentence. Formica and Ms. Cordaro’s attorneys called the indictment “unwarranted” and “preposterous.” The teacher from whose bag the carrot was taken was given immunity to testify against the pair in court.

Authorities reported that the school lacked a license to run a daycare center for children under thirty three months of age and that it had unsafe conditions. They further charge that Cordaro didn’t do all she could to save the child’s life, in spite of the fact that the Nassau County Child Protective Services called the death a “tragic accident.”

Lisa and Anthony Raspanti, Olivia’s parents, are suing the daycare center. Read more about this case at Owner, manager of school where girl choked indicted.

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

Gigi Jordan, a pharmaceutical representative from New York City, recently checked into the Peninsula Hotel in Midtown Manhattan with her eight year old son, Jude Michael Mirra, who has been described as profoundly autistic. While in her hotel room, she allegedly caused her son to overdose on medication, and was herself found unconscious on the floor, surrounded by sheets of paper containing a suicide note and a large amount of prescription medications.

The medical examiner has not yet released an official cause of death for the boy. Ms. Jordan is being held in the hospital and is expected to be arraigned on charges of second degree murder.

According to Ms. Jordan’s friends, she had been consumed with her son’s disorder and had driven herself mad trying to find a cure for him. A self-made millionaire, she apparently flew all over the country trying to find answers from respected research hospitals and universities, to no avail.

Autism activists have denounced Ms. Jordan’s actions, but point out that there is a distinct lack of support for parents with autism, unlike for victims of other diseases. You can read more about this tragic death of an autistic child at Pressures of Raising a Child with Autism Alone Drove Gigi Jordan Mad, Friends Say.

If your child has been injured due to someone else’s negligence, please contact our Jacksonville, Florida law firm for child injury law counsel.

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

In New York, it is now a felony to drive a vehicle while intoxicated with a child in the vehicle. Drivers, many are the very parents of the child in the vehicle, should refrain from driving any time that a child or any other person would be put in danger while driving under the influence of drugs or alcohol. Far too many personal injuries and deaths occur on New York roads due to drunk driving. The New York law was named after a child who died as a result of a drunk driver. Leandra Rosado, of Manhattan (New York) died as a passenger in vehicle going to a sleepover. There were also six other children in the vehicle at the time. While this law will not bring Leandra, who was only 11 years old at the time of the incident, back to us. Hopefully, the law will be a further deterrent to continued drunk driving on New York roads. You can read more about this law at New York's Felony Law Takes Effect.

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

In October 2009, it is alleged that Carmen Huertas drank heavily and then put seven children in a car to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Leandra’s death inspired a new law to protect children from drunk drivers, and New York’s Governor Paterson has signed it into law. The new law, called Leandra’s Law, makes it a felony to drive drunk when there is a child fifteen years of age or younger in the car. It also requires convicted drunk drivers to have ignition locks on their cars.

The bill is considered one of the toughest drunk driving laws in the nation, and it was approved unanimously by the Assembly and the Senate, and signed into law hours later. All together the bill took less than a month to become law. Leandra’s father, Lenny Rosado, said the law will help him move on from the death of his child, knowing that her tragic death may help save other children. Rosado himself lobbied the legislature to pass the bill. Now, he says the next step in healing is to attend the trial of Ms. Huertas. He then plans to try to get Leandra’s Law passed nationally. Read more of the details of Lenny Rosado’s battle to protect other children from drunk drivers at Leandra's Law official: Driving drunk with child in car felony after death of Leandra Rosado, 11.

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

In Manhattan, New York, the Office of Special Narcotics arrested Akwasiba Radellant, age 36, for running a drug den out of an apartment that also served as a day care center. Ms. Radellant, of course, is entitled to representation from a private criminal defense attorney or the public defender. Ms. Radellant claims that the marijuana did not belong to her and she had no knowledge of its presence in her apartment. Prosecutors, however, believe that Ms. Radellant was involved and had knowledge of the drugs in the apartment since a digital scale was obtained as evidence. In addition, plastic bags were covering windows to the apartment as well. Ultimately, this case will result in a plea deal or a trial. The evidence and witness statements must be analyzed by each side to determine how the case will be pursued or defended.

Day care centers in New York and other States should be a haven of safety and education for children. Drug dealing or use near children can lead to dangerous and disastrous consequences. Day care operators should take all reasonable efforts to act in the best interests of children under their care. You can read more about this story at Manhattan Day Care Center Was Drug Den: Prosecutors.

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

In New York and other states, infants and small children are at increased risk for injury when riding in an automobile. This is especially true for children who are not placed in a infant seat, child seat, or booster seat based on the age and / or size. New York law was recently changed to require children through the eighth birthday to have a booster seat. There is an exemption for children younger than 8 who are 4 Feet 9 Inches Tall and / or who weigh 100 pounds or more.

Seat belt and safety equipment laws help save lives and help prevent or lessen the extent of personal injuries suffered in an automobile accident. With or without a law in place, parents should exercise due diligence and care when transporting children. You can read more about the New York law and the reasons for these requirements at New York Increases Age Limit for Booster Seats.

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

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

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

In Port Chester, New York, a child was reported to have suffered a skull fracture. The
Lo Hud (Lower Hudson) Website provided some details as to the allegations against Jose Cruz, who is accused of slamming the child when her crying disturbed Cruz while he was watching a soccer match on television. Young children cry from time to time. Some infants even cry for extended periods of time. Rather than hit or assault a child, parents, caregivers, and / or babysitters should take a deep breath and remind themselves that babies will be babies. Police believe that the actions of Mr. Cruz resulted in the baby suffering a skull fracture to the back of her head. Cruz was the boyfriend of the woman who was responsible for babysitting the child.

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

Seventeen year old Lars Haas had allegedly been drinking and smoking marijuana when he ran a red light and plowed into a truck. The driver of the truck, seventy one year old Robert Meehan, was ejected from the truck and died from his injuries. The boy was driving his mother's, Susan Haas’s, car at the time of the accident, but that is not all that his mother allegedly gave him: she has been charged with providing alcohol to Haas and some of his friend’s before loaning the boy her car. Ms. Haas was not in the car when the accident occurred. Police have reported that Haas’s blood alcohol level was over the legal limit for the state of New York, and that he had marijuana in his system as well. He has been charged with aggravated vehicular homicide and driving while intoxicated (DWI) among other charges. Ms. Haas has been charged with furnishing alcohol to a minor.

The legal drinking age is twenty-one for a good reason. Teenagers are strongly affected by alcohol, and their already poor judgment is made even worse when they are under the influence. But children are not the only ones whose judgment is impaired by alcohol; that the child’s mother was supplying her son with alcohol is reprehensible, that she then loaned him her car when he was intoxicated is inexcusable. Their combined poor judgment has cost a man his life. The full story is available at Teen, mom arrested in fatal New York DWI accident .

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

In New York and other States, day care operators have a duty to provide for the health, safety and welfare of children. It is well known that small children are at risks for choking on certain food items like carrots, grapes, and hard candy. Children are also at risks for choking on change, small toys, and other common items. A day care owner should take precautions to keep choking hazards away from small children cared for in the facility. In New York, a lawsuit was recently filed by a family regarding the death of a two year old who choked on a carrot. According to a story posted in Newsday.Com, the day care center (Carousel Day Care Center) located in Hicksville, New York frequently gave children carrots to eat the day care center. This dangerous practice led the the choking death of a 2 year old child.