Child Injury Lawyer Blog

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

Children with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age - 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

In Florida, a teacher duct taped gagged and duct tapped 5 misbehaving students to their desks when they were misbehaving. It is amazing that teachers with years of experience, certification, and college degrees would resort to such behavior. It really defies common sense and good judgment.

Seclusion is also a problem in school systems for disabled children. In New York, a 8 year old special education student was placed in a small dirty room over 70 times in a 6 month period for whistling, slouching, and hand waving in the classroom.

California and Texas reported over 33,000 instances of restraint and /or seclusion instanced during the past school year. In some instances, disciplinary action is necessary for the health, safety, and welfare of the misbehaving child, other students, and / or the teacher. However, teachers and caregivers should approach disciplinary measures or actions with common sense, good judgment, and should use their best efforts to avoid restraint and seclusion if other means of action are reasonably available and do not put the child or others at risk. You can read more about the GAO Government Study and comments regarding the same at Seclusion and Restraint of Special Education / Disabled Students.

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

In New York, a bizarre accident occurred involving three vehicles. A man was driving his car on a relatively narrow one way street. Another vehicle was backing out of a driveway on the right side of the road, when the operator of the car on the street noticed him. The driver swerved to the left to avoid being struck by the car backing out of the driveway. At the same time, on the left side of the street and man had just completed buckling his small child into the back seat of an SUV. His wife was seated in the front passenger seat. Unfortunately, one of the mans legs was outside of the SUV when the operator of the moving vehicle swerved to avoid the car backing out of the driveway. When the car swerved to the left, it struck the passenger side of the SUV, traumatically amputating the leg of the father, causing injury to the mother, but thankfully, the baby was unharmed.

You can read more about this accident at New York Accident Causes Man to Lose His Leg.

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

In New York and other states, minimum drinking ages are established by legislatures for the health, safety and protection of children and young adults. It is not up to a parent or other adult to determine if an underaged teenager is mature enough to drink. It does not matter if the drinking takes place in a person's home, bar, restaurant, or public place. A crime is a crime. Underage drinking is problematic because it often times leads to automobile accidents and other incidents causing serious personal injuries and wrongful death. In Livingston County, New York, a mother (Karen J. McCarty - age 46) and her daughter (Morgan J. McCarty - age 16) were arrested for having an underaged drinking party. When deputies arrived at the party, they found several intoxicated underaged teens. Two of the girls were so drunk that they needed to be taken for medical treatment and evaluation at Nicholas H. Noyes Memorial Hospital. When choosing between being a child's "cool" parent and "responsible" parent, go with the "responsible" parent choice. Otherwise, a parent risks getting arrested. Furthermore and more importantly, providing underage kids alcohol can lead to drastic consequences. You can read more about this story at Livingston County Mother and Daughter Jailed for Underaged Drinking Party.

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

In Bronx, New York and other cities, apartment complexes and condominiums pose certain hazards for children. In particular, child suffer serious personal injuries including fractures, brain damage, and wrongful death from falls out of apartment / condominium windows. Many apartment buildings have windows that can be accessed by a toddler. It is important for parents, caregivers, and the landlord to provide for the safety needs of the child. Child proof locks and safety bars or gates can help prevent injury. Alarms can also be installed to alert a parent or caregiver that a window has been accessed or tampered with. While these safety measures and others are helpful, close parental supervision can help prevent many fall related injuries from apartment / condominium windows.

In Bronx, New York, a 2 1/2 year old boy recently fell 30 feet from a 3rd story apartment window. He survived the fall with only minor injuries. Many other children who fall out of or through windows are not as lucky and often times suffer serious and permanent personal injuries. See New York City Toddler Survives Three Story Fall from Window.

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

In New York and other States, school coaches are in the position of trust and responsibility. Coaches are supposed to mentor our children. Coaches are not supposed to provide alcohol or sex to children. This is basic common sense. It is also a crime no matter if the Defendant is male, female, tall, short, good looking, or ugly. In Ausable Forks, New York, the girl's basketball coach from Holy Name School has been criminally charged with giving alcohol to a teenage boy and having sex with him. The incident took place at a Queensbury, New York hotel in March 2009.

Of course, Coach Joey Strong is entitled to the representation from a New York Criminal law attorney and is innocent until proven guilty; however, if she indeed had sex with an underage minor / student, she should be criminally prosecuted.

According the school principal, Coach Strong was not an employee of the school. Coach Strong was a volunteer coach for 8 years. Whether Coach Strong was a volunteer coach or an employee, the school still had a duty to supervise and monitor her activities. In addition, background checks should be performed on all volunteers and coaches to insure that the children are not exposed to dangerous persons or exposed to undue risks. Of course, if Coach Strong had no prior criminal record or history of sex or abuse with minors, the school would not have been put on prior notice of her activities or propensities.

You can read more about this story at New York Coach Accused of Sex with a Student.

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

In Queens, New York a bizarre incident occurred. A man called 911 to report that he thought that he struck a pedestrian. For some unknown reason, though, he did not stop. The pedestrian, was then hit by a second car. Instead of stopping at the scene, not realizing that he had hit the pedestrian, the second car continued on his trip, for 17 miles into Brooklyn! He was stopped by a pedestrian in Brooklyn who told him that there was something being dragged under his SUV. It turned out to be the pedestrian, who he had hit a county away. He was dead and unfortunately, partially dismembered.

You can read more about this tragic and deadly accident at Body Dragged for 17 Miles in Queens New York.

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

In Long Island New York and other areas, all too often we hear of school bus accidents and fear the worst—a child being injured or killed due to the negligence of school bus drivers and other drivers on the road. It’s horrible when a negligent vehicle causes an accident involving a bus. Its even more frightening when the accident is caused by the school bus driver him/herself. On a small road in Eastport Long Island, one student suffered a hand injury and three others were taken to the hospital as a precaution when a mini-school bus skidded off of the road, hitting a pole and trees. It is odd that the vehicle skidded as there was no snow or ice on the ground at the time. While we cannot control the operation of the school buses by the drivers, it is very important to obey all New York traffic laws and take extra caution when approaching school buses that carry our most precious children! You can read more about this story at Long Island New York School Bus Accident Causes Personal Injuries to Children.

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

Parents pay for and send their children to school to get an education. Most parents do not send their children to school to deal drugs or to hold up other students at gun point in the dorm room. At Hofstra University, students were recently arrested for drug dealing and weapons charges. Students held up another student at gun point and stole drugs out of the victim's room. This incident came to light when the "victim" reported the hold up to campus police. The victim was robbed at gun point by a realistic looking gun (a pellet gun). The student thieves took drugs, jewelry and cash and then escaped in a getaway car. The victim made a big mistake in reporting the crime as he was arrested for dealing pills, marijuana and cocaine out of his Hofstra University dorm room. Further investigation led to the arrest of the students using the pellet guns and their accomplices.

Parents, with children in college or about to send their children to college, should use this story as an educational took for their children. Don't sell or deal drugs in school. Don't use drugs. Don't point pellet guns or rob other students. You can read more about this story at Hofstra University Students Arrested on Drug and Weapons Charges - Drug Dealing Student Held Up by Pellet Guns in Dorm Room.

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

Elizabeth Durante of West Islip New York was a young and caring college student. Recently she and other fellow students were driving from New York to Massachusetts, on their way to a humanitarian project in Uganda. A 24 year old Connecticut resident was driving under the influence when he operated his vehicle in the wrong direction on busy interstate 395. It was late at night and the drunken driver had no headlights on. His vehicle smashed head on into the vehicle in which Elizabeth Durante was a passenger, killing her.

As so often happens, Daniel Musser, the operator of the other vehicle escaped the accident with no major injuries. He was arrested, however and charged with Manslaughter, a felony, violating the Vehicle and Traffic Law by operating on a highway in the wrong direction and driving under the influence.

Durante was majoring in psychology and pre-med and yet another superb life was taken by senseless acts of stupidity. Parents should stress to their children the importance of driving sober all the time.

You can read more about this tragic death at Drunk Driver Causes Death of Elizabeth Durante of New York.

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

Mothers are supposed to care and protect their children - not drown and kill them. Tragically, Leatrice Brewer, age 28, did just that. Leatrice Brewer pleaded guilty by reason of mental defect or diseased for crimes committed against her children. Instead of going to prison for life, she will be sent to a psychiatric facility - possibly for life. Psychiatrists diagnosed Brewer with a major depressive disorder when she killed her children. Supposedly, Brewer thought that her criminal acts were saving her children from the dangers of voo doo.

The father of two of the children was not pleased with the plea deal. He is also suing the county officials over the wrongful death of his children. The father, Innocent Demesyeux, stated that the mother should have been judged by a jury of her peers rather than be able to plea out and get sent to a psychiatric facility.

You can read more about this story at Mother Who Killed Three Children Gets Sent to Psychiatric Facility.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant Section 418-1.9, Discipline, New York Codes, Rules and Regulations (NYCRR), child care centers are prohibited from using corporal punishment for discipline or any reason whatsoever. The New York child care center regulations define corporal punishment punishment directed directly on the body. What does corporal punishment include? It includes spanking, biting, shaking, slapping, twisting, or squeezing the child. It also includes the requirement of excessive physical exercise or forcing or requiring the child to remain in an uncomfortable or bizarre position. Forcing the child to eat certain foods like spicy foods is also a form of corporal punishment.

Unfortunately, many New York child care workers either do not know these laws or just choose to ignore them. In New York and most other States, corporal punishment in any form just does not have a place in a child care center / day care center.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety, New York Codes, Rules and Regulations (NYCRR), child care centers must keep many items away from children. Under New York child care regulations, the following items must be kept away from children: lighters, matches, medications, drugs, cleaning materials and supplies, aerosol cans, and poisonous / toxic materials. The child care regulations require that poisonous / toxic materials be stored in their original containers so that the contents are clearly labeled and identifiable.

Items that may lead to or cause choking or strangulation must also be kept away from children. These dangerous items include handbags, backpacks, briefcases belonging to adults, plastic bags, and toys and objects small enough for a child to swallow.

Clearly, many serious personal injuries and deaths to children in child day care centers in New York can be prevented if safety precautions are taken to remove or lock away dangerous items.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.8, Supervision of Children, New York Codes, Rules and Regulations (NYCRR), child care centers must employ staff sufficient to meet the minimum standards for staff to children ratios.

The following staff to children ratios apply to child care centers:

Age of Children Staff to Child Ratio
Under 6 weeks old 1 Staff Member for Every 3 Children
6 Weeks to 18 Months 1 Staff Member for Every 4 Children
18 Months to 26 Months 1 Staff Member for Every 5 Children
3 Years Old Group 1 Staff Member for Every 7 Children
4 Years Old Group 1 Staff Member for Every 8 Children
5 Years Old Group 1 Staff Member for Every 9 Children

There are other rules and regulations when groups are mixed. Also, there are limitations set forth in the regulations as to what age groups can be mixed at what time periods in child care centers.

The facility must employ staff that promote the physical, intellectual, cultural, social and emotional well being of children in the child care center. It is vital that child care centers hire the right people for the job as well as the right number of people for proper supervision of the children.

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

While doing charitable work, delivering meals to the elderly in New York, 61 year old Ronald Marcink struck the rear of a school bus and died. Fortunately, the school bus had no students at the time and the bus driver was not injured. So it was a strange twist of fate that while helping the elderly, Mr. Marcink lost his own life, and yet by luck, his accident, which could have been catastrophic, injured no one else.

It is amazing how many accidents involve yellow school buses. While there are thousands of school buses on our roads in New York and other States, it is still amazing how many drivers are not paying attention and crash into the yellow school buses. Anytime you are on the road - be careful and on the lookout for pedestrians, bicyclists, other motorists, and, yes, yellow school buses. You can read more about the unfortunate death of Ronald Marcink at Crash into School Bus Leads to Death of New York Man.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety, New York Codes, Rules and Regulations (NYCRR), child care centers must maintain and utilize playground equipment like slides, swings, and climbing equipment according to manufacturer specifications and instruction. The playground equipment must be kept in good repair. In addition, the playground equipment must be age / developmentally appropriate for the child care center children.

In New York, children are frequently injured on playground equipment that is not properly maintained. Infants and toddlers are often times allowed to use playgrounds that are loaded with danger because the equipment is not age appropriate for this group of children. Even if the playground equipment is in good order and age appropriate, child injuries often result from improper or inadequate supervision by the child care center caregivers. Well maintained equipment combined with diligent supervision are keys to the safety of children on New York child care center playgrounds.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety of the New York Codes, Rules and Regulations (NYCRR), child care centers must have railings from the floor or ground to prevent children from falling off of porches, stairs, and decks. In addition, child care centers must provide and maintain barriers to keep children out of and away from unsafe and dangerous area. In particular, a child care center must have barriers in place in areas where there is a swimming pool, drainage ditch, well, hole, wood / coal burning stove, fireplace, and gas heater.

New York day care centers have a duty and responsibility to follow these regulations not only to comply with the laws but also to keep children safe. Properly installed and maintained railings and barriers can help prevent or reduce the number of child injuries from falls, dangerous conditions, and drownings.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Licensing requirements and regulations depend on the type and size of the child care center. Some are in residences. Others are not. Some are affiliated with religious institutions. Some are exempt from licensing requirements. Since the regulations and various types of day care centers vary, it is helpful to know the categories and types of day care centers in New York. The Office of Children and Family Services has a helpful guide that outlines the types of day care and child care centers in New York. The categories are as follows:

Day Care Centers. Day Care Centers provide care and supervision for more than 6 children but not in a private home / residence.

Small Day Care Centers. Small Day Care Centers are Day Care Centers that provide care and supervision for as many as six children but not in a private home or residence.

Family Day Care Homes. Family Day Care Homes provide care and supervision for three to six children at any one time in a home / residence.

Group Family Day Care Homes. Group Family Day Care Homes provide care and supervision for seven to twelve children at any one time in a home / residence.

School-Age Child Care Programs. School-Age Child Care Programs provide care and supervision for more than six children ranging from kindergarten students to 12 year olds. Care and supervision are provided during non-school hours and vacaction periods as well as holidays.

Nursery Schools. Nursery Schools provide care and supervision for children for three hours of less per day.

Pre-Kindergarten Program. Pre-Kindergarten Programs are typically located in public schools. They are also in private schools and day care centers as well.

Head Start Centers. Head Start Centers are programs for preschool-age children from low income families.

Legally Exempt Child Care Centers - Legally Exempt Child Care Centers provide care and supervision for one or two children at a time (in addition to to caregiver's children) in or outside of the caregiver's home / residence.

It is important to identify and evaluate the type of program, licensing history, inspection history, and facility before enrolling a child in any New York day care center / child care center.

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

In the State of New York, day care and child care centers are regulated by the New York State Office of Children and Family Services. In considering a day care center placement for your child or considering a change in placement, it is important for parents and caregivers to research the facility and find out the size, capacity, staff, license history and other facts available at the Office of Children and Family Services Official Web Site. The Day Care Facility Search Page is a great resource for parents and caregivers looking to find out information on day care centers throughout the State of New York. Parents and caregivers should play an active and ongoing role in the selection and retention of a day care center.

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

Only in New York can you be sitting in your office, looking out of the 35th floor window and see a jet airliner landing in the icy water below. That happened in New York recently when an airplane, headed for North Carolina hit a flock of birds, damaging both engines and yet landed safely in the Hudson River next to New York City on January 15, 2009. On board were 155 passengers, including children and a little baby. It was called a miracle that the pilot, who had many years of experience, was able to make the split second decision to land the plane in the water and no one got seriously hurt. Some people took charge inside of the plane, few panicked, and in the end, all most ended up standing on the wings on the plane, or close by in the water, waiting to be saved. This truly was a disaster in the making, but the cool heads of the pilot and crew in the air and many passengers on the ground (in the water) made this a happy ending. Serious injuries were avoided because the passengers listened to the safety instructions and prepared for the bumpy landing. In fact, the baby was held, at the time of the accident, by the person in the next seat, because the mother was afraid to do so and the father of the baby was several rows back. The baby was safe—and ready for the next flight! You can read about this story at Miracle on the Hudson.

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

Children, special needs adults, and the elderly need proper supervision and assistance especially when they are transported away from their homes and under the care of others. In New York, a special needs 22 year old (Edwin Rivera) was left a bus all night. The 22 year old had cerebral palsy and spent a cold winter's night on the school bus when his caretaker forgot or did not check to see that Edwin Rivera was still on the bus.
Edwin was on the bus for 19 hours with temperatures dropping below 20 degrees.

The bus matron / supervision, 51 year old Linda Hockaday, was arrested for reckless endangerment according to police.

It is so important for caregivers and bus drivers to do a thorough and complete job when leaving a bus in the bus yard, school yard, or elsewhere for the night. Make sure that all passengers are off the bus. Make sure that nothing has been left on the bus that may cause a danger in the morning. Make sure that nothing valuable or important like medications have been left on the bus. Simple actions could have avoided a most frightful and dangerous night for Edwin Rivera.

You can read more about this story at the NBC New York Web Site at Special Needs Student with Cerebral Palsy Left on School Bus.

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

Brittany Zimmeran, a college student who had dreams of being a doctor, called a New York 911 operator as she was being attacked by a stranger. According to a subsequent investigation, the police did not respond to the scene for 48 minutes. By the time police arrived, Brittany had died. Her fiance found her body. The 911 operator claimed that she did not hear anything on the telephone call to 911; however, the tape recording of the call captured audible screams and gasps and what would seem like a struggle on the end of line held by Brittany Zimmerman.

The call was received by Dane County, New York 911. What was heard on the tape seems to be different than what the 911 operator heard on the call. 911 Emergency systems are in place in New York and other States as a means of getting police and medical help in times of an emergency whether caused by an unknown assailant or an automobile accident. If there is any concern whatsoever that someone like Brittany may be in danger of serious personal injury or death, police and emergency personnel should be dispatched immediately.

It is shame that the life of Brittany Zimmerman was lost to a senseless and cowardice act of violence. Some community out there lost a bright young woman who had her sights on helping people in the future by becoming a doctor.

You can read more about this story at Dane County (New York) College Student Dies Despite 911 Call.

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

In Nassau County, New York and other cities throughout the State, there are holiday festivals and celebrations. Grandparents, parents, and children celebrate the holidays together with food, song and dance. A good time is expected by all. Unfortunately, holiday gatherings are some times the site of unexpected tragedy, injuries to children and in the most tragic cases death. A 76 year old man lost control of his 2007 BMW X3 and crashed into a Channukah Wonderland party in commercial area of Woodmere, New York. A total of 14 people were injured including a child under the age of 2. The accident victims were taken to three local hospitals for evaluation and treatment. The BMW at issue was reported to be registered to Theodore Saretsky, a local psychiatrist. A local religious leader, Rabbi Heshy Blumstein of Young Israel of Hewett and his wife, Mimi, visited some of the injured at Winthrop hospital.
Channukah is celebrated as a holiday of miracles. Hopefully, the injured children and adults from this tragic automobile accident have a speedy recovery from their injuries. Once the initial shock of the injuries has passed, the parents and children will have to deal with additional issues of medical bills, therapy, and the pain and suffering of dealing with the injuries. You can read more about this accident at 14 Injured After BMW Crashes into a Channukah Celebration in New York.

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

A tragic death recently took place in New York City, New York when a 7 year old handicapped child (Chelsea Madonado) fell out of the 5th floor window of an apartment complex. The incident took place in the Bronx. Chelsea was blind in one eye and used a wheelchaiir. She was also autistic. There was some kind of a child protection guard in place on the lower part of the window. The news report at Fox News did not indicate if there was any safety device in place for the upper part of the window. Police and child welfare investigations will probably investigate the incident to determine the cause and preventability of such a tragedy. It is truly a tragedy for such a girl to have suffered such a death. Hopefully, the tragedy that took place in the Bronx will help other families and apartment complex owners more closely examine child safety measures that are in place for all children including but not limited to handicapped, autistic, blind and other challenged children.

You can read more about this story at 7 Year Old Falls from New York Apartment Building and Dies from Fall Related Injuries.

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

A New York middle school teacher (Ellen Bernstein) at Haverstraw Middle School in Rockland County decided to illustrate concepts of slavery with two teen students by binding the students. One student was white and one was black. The teacher bound the feet and hands of both students. The black student (Gabrielle Shand) did not volunteer for the lesson and when she returned home later that day was in tears in recounting the public school lesson with her mother. The local NAACP has stepped in to protest the lesson and conduct of the school teacher.

Bernstein, Haverstraw Middle School's principal and the school superintendant apologized to the student and her mother.

Retraining and binding a child in school can be quite traumatic for the child especially when considering the history of slavery as well as discrimination in the United States. It appears that there will be further discussions, meetings, and protests about this incident. You can read more about the incident at New York Middle School Student Get Unpleasant History Lesson in Slavery.

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

The City of Milwaukee, Wisconsin and other communities have instituted curfews for children / teens in an effort to protect children and to reduce crime. Parents often times face a battle with strong minded teens who do not want to follow a parent directed curfew. It is one thing to ignore a parent's rules and demands. It is quite another to ignore curfews set forth in laws and ordinances. Safety and law enforcement experts believe that curfews mandated by cities can often have a strong deterrent on juvenile crime. As an example, recently in Milwaukee, Wisconsin, in the 2400 block of W. Chambers Street, at approximately 4:00 a.m., a 16-year old boy, who was suspected of a curfew violation, was arrested and found to have 37 Ecstasy pills. The juvenue was arrested after attempting to flee from Milwaukee police and after he was seen tossing a gun / firearm. He was observed standing in the street, next to a car, speaking with others on the street and in the car. Pending charges include possession with intent to deliver, carrying a concealed weapon, and possession of a dangerous weapon by a child. You can read more about this incident at Teen Arrested with Drugs and a Firearm in Miwaukee, Wisconsin.

Curfews limit and deter the number of teens on the roads, at late night parties, and teen drinking and driving. Many teens lack the judgment and good sense to stay out of trouble when unsupervised at late hours. Proponents of curfews hope that curfews will reduce juvenile crime as well as adult and child personal injuries / deaths caused by the intentional or negligent conduct of teens out late into the night.

The United States Conference of Mayors conducted a survey in 1997 of 347 cities which had curfews and asked city officials to describe their perceptions of the curfews' effectiveness. The consensus was that crime rates for juveniles had reduced and that the enforcement of curfews was a good use of police department resources. You can read more about crime statistics for cities in Wisconsin and other states at The Official Site for U.S. Mayors.

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

Black Friday is traditionally the busiest shopping day of the year at Florida retail stores as well as stores around the country. Stores try to get a jump on the holiday / Christmas shopping season by offering good deals for Black Friday only. Customers respond by lining up at some stores early in the morning. I mildly participated in a Black Friday a few years ago and picked up a few DVDs that were well priced. I was on vacation at the time and was staying in a hotel right next to Target. Unlike my trip to Target which was quite calm and not that crowded, a crowd, intent on grabbing up some Wal Mart deals, caused the death of a Valley Stream (Nassau County) Wal-Mart employee. Despite Wal Mart security and local police, customers could not contain themselves and charged into the store at opening time. It appears that Wal Mart may have dropped the ball in the area of safety precautions and crowd control. Furthermore, the shoppers involved into the pushing and shoving could also share some of the criminal and / or civil liability for the Wal Mart workers wrongful death. You can read more about this story at Holiday Shopping Rush in New York Causes Wal Mart Employee's Death.

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

Safety measures are vital when firearms are used while hunting. This is especially true when homes and children are in the area of the hunting activity. It it very important to take precautions while hunting or handling a firearm in any situation to prevent serious bodily injury and wrongful death to adults and children. In Swan Lake, New York, Charly Skala, a 16 month old toddler, died from gun shot wounds accidentally inflicted by Edward Taibi, a deer hunter. The horrible tragedy unfolded in the kitchen of her grandparents' mobile home. The family had gathered together to watch a football game. Charly was taken to Catskill Regional Medical Center in Harris, New York and then airlifted to Westchester Medical Center in Valhalla, New York where she died from the gunshot injuries. New reports did not indicate whether Taibi broke any local hunting laws;nevertheless, a hunter should be aware of his or her surroundings and make sure that no people are at risk when discharging a fire arm. This is especially true when there are homes in the area. Apparently, Taibi was friends with the property owner and had hunted on the property before. For more about this tragic incident, you can go to Swan Lake, New York Toddler Dies from Hunting Shooting - Hunter Charges and Arrested.