Child Injury Lawyer Blog

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

According to Asheville, North Carolina police, a four-year-old boy was killed in a car accident while running across a busy street to catch a bus. The child was reportedly walking with his mother early in the morning, and the mother was holding the boy’s hand. The boy apparently broke away from his mother suddenly and ran into the street when he saw their bus arriving at its stop. He was struck by a car in the northbound lane. The boy suffered a traumatic head injury, and could not be resuscitated by CPR delivered by emergency personal at the scene.

According to police, weather conditions were bad and visibility was poor at the time of the accident. The child was also dressed in dark clothing. Following an investigation into the incident, the Asheville Police Department Traffic Safety Unit Officers have decided not to file charges in this accident.

Children are usually quite unaware of danger and can behave impulsively with tragic results; and this certainly is a tragic case. The child’s mother was taking appropriate care to hold her child’s hand while walking near a busy road and the driver of the vehicle was hampered by poor road conditions and the suddenness of the child’s movement into the street. You can read more about the accident and the investigation at No Charges Against Driver in Death of Asheville Child.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other states, it is typical for a government agency to rate a licensed facility like a day care center. In North Carolina, a child suffered personal injuries at a 5 Star day care facility as rated by the State of North Carolina. Parents rely on these ratings to select a day care center. It is nice to have a good rating if you run a day care center for marketing and reputation purpose; however, as a parent, you should not rely completely on these ratings. Many incidents of neglect and abuse are reported to the State of North Carolina but ultimately cannot be proved by sufficient facts. This does not necessarily mean that the abuse did not take place. It is a proof or evidentiary problem with the case. In addition, inspections of facilities do not always detect violations that are otherwise being committed by the day care center operator and / or staff. Also, conditions in day care centers change from day to day. A fence could be in a good condition one day but break the next thereby causing a safety and health hazard to children enrolled in the day care center. You can read about the complexities of the North Carolina rating system and tips for selection a day care center at North Carolina Day Care's 5 Star Rating Hid Problems and Issues.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other States, picking the right day care center for a child is a very important decision for a parent. Most day care centers are clean and in compliance with State and Federal regulations. Unfortunately, some day care center violate regulations and fail to properly supervise and care for the children enrolled in the center. Some children even die as a result of poor care and inattention in day care centers. In some instances, a parent finds out too late that a day care center is not the right place for the child. You can read a story and see a video on this topic at Wake County - Finding the Right Day Care Center.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Robert Lewis is a civilian police officer based at Camp Lejeune, North Carolina. Tragically, Lewis' 3 year old son died recently from a reported accident involving a 40 caliber handgun. It was reported at Channel 9 - CBS News that an investigation is being conducted as to the details of this incident. Some of the issues or questions that may be addressed are as follows:

Who was the registered owner of the gun?
Where was the gun stored at the time of the incident?
Where was the gun normally stored?
Who was present or nearby at the time of the incident?
Had the child handled or been around the gun in the past?
What safety locks or devices were part of the gun itself?
What additional safety locks or devices were put in place by the owner?

The death of any small child from an accidental shooting is tragic. It is certainly a great loss for the family, friends, and community. Hopefully, this story will encourage others to check the safety and storage of their guns especially in households were small children reside or visit. It is well known that children are curious and have poor safety awareness when it comes to guns. As such, it is the responsibility of adults, parents, and gun owners to keep guns out of the reach of children. You can read more about this story at Gun Safety Concerns in North Carolina Following Death of Child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Raymond Vance Fulkerson worked as a professor at the University of Northern Colorado. He also had children at his home for voice and acting lessons. Professor Fulkerson has been accused of videotaping children while going to the bathroom at his home. Criminal charges were filed as a result of these alleged acts. A video camera was found in Fulkerson's bathroom. At this time, the Professor is on leave pending the disposition of these allegations.

It is quite disturbing that people in positions of trust like professors, teachers, health care providers, and others have a sick and twisted perversion that would prompt them to commit these horrendous and immoral crimes. You can read more about this story at Professor Resigns After Allegations of Filming Children Using Bathroom.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Leasburg, North Carolina, a man has been criminally charged with shooting two young children - ages 10 and 7. The Caswell County Sheriff's Office arrested John Clyde Fuqua, 52, and charged him with the shooting. The children were shot by a shot gun. The news report did not specify the motive or reason that Mr. Fuqua shot the children. While the injuries were not life threatening, the children did suffer personal injuries resulting from the gun shot that required medical care. You can read more about this story at Children Suffer Gunshot Wound Injuries in Leasburg, North Carolina.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina, a Pit Bull reportedly chewed the toes off of a 4 month old baby. The mother and her boyfriend have been charged with felony child abuse. The mother (Robie Lyn Jenkins) claims that she was on medication at the time of the incident and did not hear the baby crying during the night. The couple was watching the dog for a friend.

This story is quite disturbing. This child has been scarred for life and time will tell how the injuries will affect her everyday activities and mobility. The couple should have secured the dog in a safe area and at a distance away from the child. You can read more about this story at Pit Bull Chews Toes Off of North Carolina 1 Year Old.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other states, men and women with good jobs and positions of responsibility and respect are doing horrible things to children. In particular, some of these so called upstanding citizens are sexually abusing children and even offering the children to others for sex acts. In Durham, North Carolina, Frank M. Lombard, the associate director of Duke University's Center for Health Policy, was arrested recently for offering his 5 year old adopted son for sex over the Internet. During Internet chats, Mr. Lombard even admitted to prior sex acts on the 5 year old by drugging the 5 year old with allergy medications. Of course, Mr. Lombard will be entitled to present a defense to the charges; however, if the charges and allegations are true, Mr. Lombard should serve the maximum sentence under law and thereafter register as a child predator and never go near another child. You can read more about the horrible alleged acts of Mr. Lombard at Duke University Official Arrested for Offering 5 Year Old Adopted Son for Sex Acts.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Abby Thompson, age 4, was enjoying a nice summer's day at a community pool. Abby was having so much fun that she got into the pool without her inflatable armbands. Someone shouted that Abby was in the pool under water. Abby's father, Dean Thompson, requested assistance. At the time that Mr. Thompson found his daughter - she was not breathing. Jack Dixon, a North Carolina Highway Patrol trooper, and Rebecca Pressley, a registered nurse, were in the area and administered CPR to the child. These quick acting people were in the right place at the right time and saved Abby's life. Their knowledge and training in CPR along with their willingness to step in and help saved a 4 year old girl from death and family and a community from tragedy. You can read about this story at 4 Year Old North Carolina Girl Saved from Drowning.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other States, teachers are stepping well beyond their work duties and ethics by having sex with students. In Durham, North Carolina, Gina Marie Watring, age 40, was charged in April 2009 with child rape, kidnapping and felony child abduction. Bond was set and she should have ceased her contact and relationship with the 10 year old boy. Instead of staying away, Ms. Watring now stands accused of having further contact with the boy through letters, mobile phone, and text messaging. Ms. Watring formerly worked at Creekside Elementary School in Durham, North Carolina as a teacher's aide. According to police records, the 10 year old boy and teacher had sex on two occasions at her home. Ms. Watring's bond has now been raised to $2 million. If the allegations are true, people should not confuse the acts of Ms. Watring with any other child predator. It does not matter and should not matter that she is a woman committing these acts on a boy. It is a crime no matter how you look at it. You can read more about this story in Bond Raised in Case Involving North Carolina Elementary School Teacher Accused of Raping a 10 Year Old Boy.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other states, All Terrain Vehicles (ATVs) can be fun and exciting for both adults and children. Unfortunately, many children in North Carolina and other states have suffered personal injuries and death while riding on (whether as an operator or passenger) an ATV. CSX Transportation is a train / railroad company based in Jacksonville, Florida is requesting that owners and operators of ATVs keep them off of railroad tracks this summer and at all other times of year. A combination of an ATV near train tracks and trains of any size can be quite dangerous. Tracks should not be used as tools to jump over. Operators of ATVs should also refrain from weaving across railroad tracks or chasing trains. You can read more about this story at Dangers of ATVs and Trains / Railroad Tracks.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Onslow County, North Carolina, there were almost 200 juvenile arrests made for drug related charges according to the Onslow County (Jacksonville, North Carolina) Sheriff's Office. In 2009, the arrests for drug related charges continue. Many law enforcement officials throughout the country attribute a rise in juvenile drug use and arrests to the availability of prescriptions drugs in the homes of the children. If children have access and there is limited supervision, prescription drugs are then available to the children to use, abuse, and sell. Parents, guardians, and caregivers should be diligent in safeguarding all prescription drugs in the home. Children do not understand the dangers of drugs and often times mix up drugs. In Onslow County School for the 2007-2008 school year, there were 70 incidents involving controlled substances.

Education about drugs should begin at home. Parents should use their best efforts to know what their kids are doing and try to avoid a problem with drugs before it even begins. Yes, this is somewhat simple advice; nonetheless, many parents unknowingly have children with drug problems. Many of the drug and alcohol problems began at home with a parent who did not safeguard these dangerous substances.

You can read more about this story at Prescription Drug Abuse Among Children in North Carolina and Other States on the Rise.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

As to playground safety, it is important for day care centers to pay close attention to details and regulations as they apply to the ground surfacing of the playground area. North Carolina day care regulations provide the following as acceptable materials for playground surfacing - wood mulch, double shredded bark mulch, fine sand, coarse sand, and pea gravel. The depth of the ground surface is dependent on the height of the playground equipment. Children jump off of playground equipment and often have falls while playing on playground equipment. Proper ground surfacing can help cushion the force or trauma caused by a fall. This, in turn, can help avoid or reduce the extent of child personal injuries on North Carolina day care center playgrounds.

Under Rule 605, Conditions of Outdoor Learning Environments, all outdoor / playground equipment must be in good repair and maintained in a useable condition. The equipment should be sturdy and stable. Inspections and periodic maintenance are important to keep the equipment free from sharp edges, loose nails, splinters, pinch points, and crush points. All broken playground equipment should be removed from the playground or otherwise made inaccessible to the children. Playground areas should be fenced and kept away from bodies of water and other dangerous areas. With proper maintenance of playground equipment and supervision of the children, incidents involving serious personal injuries can be avoided or reduced. If a child is injured as a result of the negligent maintenance of playground equipment or negligent supervision of children, a parent may be able to pursue an insurance claim or civil case against the day care center / child care center. A North Carolina child personal injury attorney / lawyer can help advise parents as to the myriad of legal issues that arise when a child is injured.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Under Rule 605, Conditions of Outdoor Learning Environments, all outdoor / playground equipment must be in good repair and maintained in a useable condition. The equipment should be sturdy and stable. Inspections and periodic maintenance are important to keep the equipment free from sharp edges, loose nails, splinters, pinch points, and crush points. All broken playground equipment should be removed from the playground or otherwise made inaccessible to the children. Playground areas should be fenced and kept away from bodies of water and other dangerous areas. With proper maintenance of playground equipment and supervision of the children, incidents involving serious personal injuries can be avoided or reduced. If a child is injured as a result of the negligent maintenance of playground equipment or negligent supervision of children, a parent may be able to pursue an insurance claim or civil case against the day care center / child care center. A North Carolina child personal injury attorney / lawyer can help advise parents as to the myriad of legal issues that arise when a child is injured.

Staff ratios requirements are set forth in Rules 712 and 713. Staff ratios regulations are dependent on the number of children cared for in the day care center. Rule 712 covers day care centers with a licensed capacity of less than 30 children. Rule 713 covers day care centers with a licensed capacity of 30 children or more. Parents and caregivers should ask day care operators and owners about the staff ratios and how the facility documents or keeps track of the number of children and staff members on a daily basis. If the day care center is well managed and operated, there should be no problem in explaining or providing you with documentation as to its staff to child ratios. Review the regulations and ask a lot of questions. Having the right number of staff in place is key to preventing or reducing the number of incidents leading to serious child injuries in North Carolina day care centers.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina day care centers /child care centers, facilities should be properly staffed to make sure that the individual needs of each child are met. North Carolina day care centers / child care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Staff ratios requirements are set forth in Rules 712 and 713. Staff ratios regulations are dependent on the number of children cared for in the day care center. Rule 712 covers day care centers with a licensed capacity of less than 30 children. Rule 713 covers day care centers with a licensed capacity of 30 children or more. Parents and caregivers should ask day care operators and owners about the staff ratios and how the facility documents or keeps track of the number of children and staff members on a daily basis. If the day care center is well managed and operated, there should be no problem in explaining or providing you with documentation as to its staff to child ratios. Review the regulations and ask a lot of questions. Having the right number of staff in place is key to preventing or reducing the number of incidents leading to serious child injuries in North Carolina day care centers.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care centers in North Carolina and other states provide children with recreational activities like swimming especially during summer months. Children love to play in and around water. Young children often times do not appreciate the dangers of water. Furthermore, young children lack judgment as to their swimming abilities or lack of swimming abilities. As such, North Carolina has set forth specific staffing requirements for staff ratios when children participate in aquatic activities which include boating, swimming, and visits to water parks. North Carolina day care centers are required to have the following staff ratios in place for aquatic activities:

Age of Children Ratio of Staff to Children in Day Care Program
3 to 4 year olds 1 staff member for every 8 children
4 to 5 year olds 1 staff member for every 10 children
5 years and older 1 staff member for every 13 children

Regardless of the total number of children, North Carolina law requires at least 2 staff members for supervision of children participating in aquatic activities. While adhering to these standards is important, compliance with the staff ratio requirements must be combined with good training and diligent supervision. Day care staff members must closely supervise the children around aquatic activities including swimming. Otherwise, children are at great risk for serious personal injuries from drowning or near drowning incidents. You can read more about the staff ratio requirements and other regulations regarding day care aquatic activities and swimming supervision at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care centers in North Carolina and other states provide children with a wide variety of recreational, exercise,and sports related activities. Children love to swim and play around water. While the aquatic and swimming activities can be quite fun for children, they can also be very dangerous. Tragically, as a result of improper day care supervision, negligence, or inattention, children suffer serious personal injuries including brain damage and wrongful death from drownings and related incidents.

Aquatic activities include on site and off site activities that take place in, on, or around a body of water including swimming, wading, swimming instruction, visits to water parks, and boating. For every 25 children participating in such activities, North Carolina law requires at least one person who has a current life guard training certificate issued by the Red Cross or other training that is similar or equivalent to the Red Cross. The North Carolina day care center regulations generally discourage aquatic activities for children under the age of 3 unless the activities are necessary to meet a child's special needs set forth in child's Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP).

Children participating in aquatic / swimming activities shall be property supervised at all times. You can read more about Aquatic Activities regulations at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other states, it is important for day care centers / child care centers to implement safety measures when transporting children. North Carolina day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 1003 - Seat Restraints, day care centers have a duty to provide each passenger (adult and child) with an individual seat belt or appropriate child restraint. There is an exception for children under the age of 2 years old who occupy a vehicle that is not required by federal or state law to be equipped with seat restraints. Unfortunately, many large school buses fall under this category. As such, many children travel without a seat belt or safety restraint in North Carolina and other states. Children are not permitted to sit in the front seat of a vehicle with a passenger side air bag.

Day care center drivers should exercise due care when transporting children. It is important for drivers to follow speed limits and to refrain from using cell phones and mobile phones which are well known to cause driver distraction. If a child is injured while traveling on a day care vehicle, van, or school bus as a result of the negligence of the day care employee, school bus driver, or another person, it is important for the child to first get evaluated by a medical provider. Sometimes, emergency medical care is necessary. At other times, a visit to the child's pediatrician or a specialist is more appropriate. Thereafter, a consultation with a North Carolina child injury attorney is helpful for parents and caregivers to get advice as to insurance, compensation, medical bill payments, liability, North Carolina laws, and other matters.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers / day care centers in North Carolina have a duty to supervise children in a safe learning environment. There needs to be an educational or activity component to the day care center as well. Facilities are subject to the regulations set forth in the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 509 - Activities - General Requirements for Centers, facilities or centers have a duty to provide age and developmentally appropriate equipment and materials for the children that are accessible on a daily basis. The materials and equipment utilized by the child care center should help promote the child's social, emotional, physical and intellectual development. In other words, child care centers have a duty to provide a meaningful and educational experience for the children rather than mere, bland supervision. With respect to the materials and equipment used, the child care center should make sure that that they are free from toxic materials, pesticides, lead based paint, and / or other potentially harmful poisons to a child. Each day that weather permits, the child care center must provide for outdoor play that helps with large muscle development. North Carolina child care centers should strive to provide an environment that is physically and intellectually beneficial to the child in every respect. Unfortunately, some North Carolina child care centers / day care centers fail to follow the regulations and are, in fact, negligent in the care and supervision of the children. This, in turn and as a direct result of, causes serious personal injuries to North Carolina children.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When a child is injured in a North Carolina day care center / child care center, parents have a right to be informed as to the details and circumstances of the incident, accident, and injury. It is stressful enough for the parents to have to deal with the trauma, pain, suffering, confusion, and fear from a child being injured. It is even more stressful when parents are "kept in the dark" as to the details of the incident. How did the incident happen? Who was around when the incident took place? What caregiver was in charge? What kind of supervision was in place? Did the injury result from inattention or negligence? Was another child involved? Was the injury or incident preventable? These questions along with many others come to a parent's mind when a child is injured. North Carolina child care centers / day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules. Under Section 802 - Emergency Medical Care, a facility has a duty to provide a parent with an incident report when a child receives medical treatment by a physician, nurse, or other medical providers as a result of an incident or accident at a child care center. The incident report should be prepared by the facility and then signed by the parent. Thereafter, the child care center is required to send a copy of the incident report to the Division of Child Development, Department of Health and Human Services.