Child Injury Lawyer Blog

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

In Walkertown, North Carolina, a 6 year old boy (Mason Kenerly) fell 25 feet in a well. The incident took place in Forsyth County, North Carolina. Fortunately, the child was rescued from the well and was able to return home to his family. In many instances, the child is not so lucky to get rescued. For more information regarding this story - see North Carolina Boy - Age 6 - Rescued from Well After Falling 25 Feet.

Children are curious and seek adventures and explorations every chance that they get. Unfortunately, children often times suffer serious personal injuries when they are curious and lack the good judgment to stay out of danger. Because it is well known that children are curious and get into dangerous situations, day care providers, teachers, babysitters, parents, neighbors, and other responsible adults should use their best efforts to supervise children and monitor their activities. While it is impossible to prevent every single incident causing injury, supervision and safety precautions can help prevent the frequency and number of incidents leading to serious personal injuries to children.

In many States, there is a well known legal concept called "Attractive Nuisance" which means that children are lured to certain areas. These include pits, electrical equipment areas, ponds, lakes, and swimming pools. It is important that landowners use reasonable efforts to secure the area and put enclosures in place when feasible to keep children away from these potentially dangerous areas.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Water Parks and Swimming Pool Injuries and Drownings, Homeowner's Insurance and other topics. You can receive this book for free at The ABCs of Child Injury.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Roberto Emilio Basilio and Ayinde Kadeen Woodley, both 18, and Anthony Jason Riddle and Jose Luis Sotero, both 17, were charged with battery, theft and robbery after they allegedly beat and robbed a thirteen-year-old boy at The Avenue Forsyth in Forsyth County, North Carolina. The boy was repeatedly punched and then was robbed of his Gucci backpack. The thirteen-year-old sustained cuts and abrasions in the assault, which required medical attention.

Captain Tim House with the sheriff's office said, “It sounds like a bunch of kids got together and for whatever reason, decided to make mayhem at the Avenue.”

Criminal defendants in Georgia are entitled to representation by a Georgia criminal defense attorney or the services of a public defender's office. Through a criminal investigation, evidence and statements are gathered and the case is pursued through trial and / or a plea agreement. In some cases, the charges are ultimately dismissed if the evidence is deemed insufficient to pursue the case further.

It is important for parents to be aware of the location and activities of their children. While this is difficult when dealing with teenagers, parents should repeatedly insist that their children call to let them know they are safe, regardless of the time.

Police should also increase their drive-by routine checks on certain areas at night. They should circle dangerous and suspicious areas more frequently than other areas. Increased patrolling may help lower the crime rate and keep kids safe.

For more information, see 4 accused of beating teen outside theater.

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

A former Asheville, North Carolina day care worker has been sentenced to at least 19 years in state prison. 46-year-old Michael Roy Carter began molesting a girl when she was 3-years-old, the abuse continued for almost a decade. According to the lawsuit, Carter's attention was drawn to the victim recently after she was enrolled at Rainbow Child Care in 1989, an Asheville day care center that is no nonexistent. The lawsuit claims Carter would take the victim into the bathroom, fondle her, performed a sex act on her and forced her to perform one on him. The suit also names Carter's wife, Angela P. Carter, and his parents, who owned the center. The suit alleges each conspired with Carter to hide his serial abuse of the children at the center. Carter would persuade the victim's mother to allow her to stay over night with Carter at his home he shared with his wife. The lawsuit alleges Carter began to molest and rape the victim when she was about 11-years-old. Once the victim reached the age of fourteen, she ceased contact with Carter to develop relationships with friends, fellow students and her peers. Carter continued to contact the victim via email and telephone calls. According to the lawsuit, one email stated, "I still love you more than anything ... I know in your heart you still care but I don't understand why we can't talk." The victim began to seek counseling for sexual abuse in September 2008. Through her extensive therapy, the victim finally reported the abuse to police, which prompted the investigation and, ultimately, Carter's arrest and criminal conviction. The facility was shut down in the early 1990s, however records don't indicate the reason it closed. Carter pleaded guilty to one count of first-degree statutory rape. Carter was sentenced to 230-285 months in state prison and will be required to register as a sex offender after his release from prison. For more details please read Former Asheville day care employee gets 19 years after serially abusing a child at the care center.

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

In Raleigh, North Carolina, a family, neighborhood, and community are in grief over the unexpected and tragic death of a 5 year old girl (Nadia Hines). The little girl was simply playing outside in her front yard on a Sunday afternoon when a vehicle when out of control and hit young Nadia in the front yard. What a tragedy for any family to deal with. A home including the front yard should be a safe haven for a child not a place where a child takes her last breath. You can read ore about this story at 5-Year-Old Killed by Car in Raleigh, North Carolina.

A full investigation regarding this incident will be conducted to determine the cause and preventability of this automobile / pedestrian accident. Whatever the results of the investigation or legal proceedings, the life of an innocent girl is forever lost and this fateful day will never be forgotten by family or the community.

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

A day care operator and one of her employees have been accused of child abuse at a child care center in Surry County, North Carolina. The charges were formally pressed against 46-year-old Renee Frances, co-owner of the child care center, and 26-year-old Patricia Ann Seville, an employee at the center, following a two-month investigation. Frances and Seville were charged with child abuse and neglect, arrested and their bond set a $25,000 unsecured. According to Sheriff Graham Atkinson, the Surry County Sheriff's Office was contacted on February 16 about a 2-year-old that had been abused at Blackburn's Nursery and Day Care. An investigation was immediately initiated and included numerous interviews before warrants were formally issued. Although Frances and Seville have been arrested, the lead detective on the case said she is currently unable to release specifics on the type of abuse alleged. For more read Surry County, North Carolina day care operator and employee arrested on child abuse allegations.

Child abuse, whether emotional, physical or sexual, can have lifetime consequences upon its victims. Any suspicions of child abuse should be relayed to local official immediately. Contacting local authorities will prompt an investigation and hopefully stop the alleged abuse.

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

In Kannapolis, North Carolina, it was reported that a day care worker was caught on video surveillance tape at the day care center mistreating children under her care. Police have charged the woman (Whitney Belk) with five counts of criminal assault for her actions. The day care center, Kids Korner Child Development Center, had video surveillance in place. The administrator (Danielle Mauldin) of the North Carolina child care center viewed videotape and then terminated Ms. Belk as an employee. The use of video surveillance can be used as evidence in criminal case. More day care centers should consider installing and utilizing videotape surveillance as a safety precaution and measure for children. Videotape surveillance can answer questions and settle disputes when there is a question as to how a child was injured or how a child was handled or treated by a teacher, assistant, and / or other staff member at the day care center. Unfortunately, staff members and employees at day care centers in North Carolina and other States continue to abuse and neglect children at a location that should be a safe haven for children. See North Carolina Care Worker Accused of Assaulting Children.

When a child is injured as a result of the neglect or abuse of a day care center, there are many issues and challenges for the child as well as the parents. Does the child have legal rights? What recourse if available for the injured child? Does there have to be a criminal investigation to pursue a civil case? What damages can the child recover for the abuse and neglect at the day care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - is a good resource for parents dealing with these and other issues. Go to Free Child Injury Book - Resource for Parents. The book is also available for $4.99 at the following sites: Amazon, Barnes & Noble, and Apple iBooks.

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

A fourth grade student in Onslow County, North Carolina faces suspension after he was caught concealing blades inside markers. The student was caught at Morton Elementary School making the weapons by inserting razor blades and "other sharp objects" into felt tip pens and markers. The student also sold the weapons to other students at the elementary school. The North Carolina elementary school student now faces school suspension and court charges for creating the weapons and selling them on school property. Three other students face similar charges for also having the weapons at school. For more read 4-grader faces suspension after making weapons out of markers and selling them at school.

Luckily, no students were injured by the weapons. Students who bring weapons to school jeopardize their future: they can be punished academically as well as prosecuted criminally. If they inflict personal injuries onto their peers or teachers, these students may also subject themselves to civil charges in order to pay for the harm caused.

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

In Concord, North Carolina, an accident was reported outside the Rocky River Elementary School. The automobile accident involves a school bus and a day care center bus. The day care center bus driver will be charged with failure to yield. The children on the day care center bus were being transported with or for The Sunshine House Day Care Center. When transporting children, it is vital that school bus drivers and day care center bus / van drivers obey traffic signals, speed limits, and road signs. It is important that the driver stay alert and limit any distractions including loud radios, cell phone use, and text messaging. While it is impossible to prevent all accidents from taking place, it is possible to prevent many accidents by driving safe and following this simple advice. You can read more about this story at North Carolina School Bus - Day Care Center Bus Collide in Concord North Carolina.

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

In Waxhaw, North Carolina, a family and community are mourning the death of a 5 year old girl (Makayla Woodard) who was fatally attacked by the neighbor's Pit Bull dog near the Downtown area. The incident happened just after 11:00 a.m. Makayla's grandmother (Nancy Presson) tried to pry the dogs off of the 5 year old girl. Both dog bite victims were transported to Carolinas Medical Center-Union in Monroe, North Carolina. Despite efforts to save her life, Makayla died at the hospital.
Person's daughter, who is Makayla's mother, said Wednesday night that her mother's injuries were severe, but that she would survive them.

The dog owner may be charged with violating the applicable dog leash law and other charged, according to Waxhaw Police Chief Michael Eliss. See North Carolina Girl Dies After Pit Bull Dog Attack - Grandmother Severely Injured.

In North Carolina, the dog bite laws are a little confusing. One set of laws provide that a dog owner gets a "one bite" pass before liability can be imposed. Another set of laws imposes liability for the dog bite by a dangerous dog or a potentially dangerous dog. In addition, North Carolina laws can vary by city to city and county to county. Before of the complexities of North Carolina law as to liability and damages awardable for a dog bite incident, it is helpful for victims of dog bite injuries to consult with a personal injury lawyer or a child injury lawyer for these matters.

There are many issues that a parent must deal with in caring for a child who has been injured by a dog bite incident. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Treatment and Bills, Damages / Compensation and other topics. You can received a free book by clicking here.

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

A little girl, believed to be about 3-years-old from Charlotte, North Carolina, is clinging on to life after falling into her family's in-ground pool. The child was playing with her parents outside in the family's backyard when in a moment's time the parents discovered their child was gone. After searching the nearby area, the child's father found her in the pool, which was almost drained and had only a few feet of water in the pool. The parents performed CPR on the child until rescue units arrived. Once the paramedics arrived they performed CPR on the child until arriving at the hospital. Doctors at the emergency rooms reported they did discover vital signs.

The little girl was listed in critical condition at Carolinas Medical Center. If you would like to read more on this story please see Young girl in critical condition after falling into family's in-ground pool.

This tragic incident has been a wake-up call for neighbors of the little girl and her family. Parents need to always take safety precautions when their children are around water. A key way to prevent your child from sustaining harm or drowning is to maintain constant supervision over your child. Knowing a child's whereabouts at all times helps prevent him or her from getting into dangerous situations and allows you to act faster in providing help. Of course, accidents or incidents do happen. Parents are not perfect and do their best to keep their children out of harm's way.

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

An 8-year-old child was bit on the left ear and neck by a police dog after a North Carolina elementary school demonstration. The canine, Baks, was with his handler, Officer B. Hodgson, at Koontz Elementary School when the incident happened. Children were allowed to pet Baks after Hodgson and Baks completed the demonstration. Children approached and petted the dog, which was held by Hodgson on a short leash. When the last child approached the canine, the dog turned and bit the child.

Officer Hodgson was able to quicky restrain the dog and place it in his patrol unit. The child sustained injuries to his left ear, a laceration to the right side of his neck and was quickly transported to Rowan Regional Medical Center. The child's name was not released. Salisbury police cheif, Rory Collins, said the dog has been taken out of service until it can be evaluated. All future K-9 demonstrations have been canceled until the procedural aspects of the program are reviewed for any necessary changes. If you would like to read more on this story please see North Carolina elementary student bit by police dog after a school demonstration.

This incident is very unfortunate for all the parties involved. Although dogs are generally domesticated animals they still have dangerous propensities. Even when dogs are restrained, there remains a chance that they can still bite or otherwise attack people or other animals. Therefore, it is imperative that dog owners keep their dogs under direct control and leashed at all times while around other people or animals. Dog owners should also watch for signs of agitation or irritation in their dogs as these are usually precursors dog bites.

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

According to local officials Jackie Bennett, a 57-year-old teacher, was suspended with pay after being accused of breaking the arm of a 5-year-old student. According to Bennett, the incident occurred while he was attempting a "therapeutic hold" - a technique used to restrain a student to prevent that student from causing to himself or herself and others. Theresa Perry, a spokeswoman for the Cumberland County, North Carolina school system, stated schoold regulations permit teachers to physically restrain students where safety of the students, school employees or volunteers are in jeopardy.

The child's mother, Tarsha Gunn, said her daughter was in a class for children with behavioral problems at the time the incident occurred. Gunn admitted that she understood what typed of class her child was in and that, in certain situations, restraint is required; however, restraint should never be so intense that inflicts serious personal injuries on to a child. Gunn also said neither angry nor does she hold any grudges against home, but she did say that teachers working with these types of children need an extreme amount of patience.

Bennett has been charged with assault inflicting serious bodily injury and child abuse inflicting serious injury. He is suspended with pay. However, the school system's lawyers stated that the maximum amount of time a teacher can be suspended with pay is 90 days. Bennett intends on hiring a private attorney to defend the allegations against him. If you would like to read more on this story please see Teacher charged after breaking 5-year-old student's arm.

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

A two-year-old boy was shot and killed by an accidental gun shot in Henderson, North Carolina. The child was taken to Maria Parnham Hospital where he was pronounced dead. Investigators believe the child, Timothy Atwater Jr., took the unsecured handgun from a countertop when the weapon fired. A North Carolina Department of Health and Human Services website indicates the address, 491 Daniel Harris Road, where the accident occurred, is the location of a daycare center. Initial reports from 9-1-1 dispatchers also state the shooting took place at a daycare center. However, this has not been confirmed by investigators. The case is still under investigation by the sheriff's office and Medical Examiner's office. To read more on this story see 2-year-old dies from accidental shooting at daycare center.

This is an unfortunate time for the parents of the child and the community. Daycare centers should be safe havens for children. Guns should be locked and secured in areas that are completely inaccessible by children, not laying on a countertop.

Daycare providers have a duty to protect the children in their custody. Only mature adults
should take on the heavy responsibility of running a daycare facility. To ensure daycares are safe facilities for children, Some state legislatures are creating stricter screening procedures for both the daycare centers and its workers. To read about these stricter procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

By John Jensen, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Judy Alvis Harper, 60, former owner of the Palmer-Leigh Small World Day Care Centerin Greensboro, North Carolina, will spend a minimum of 16 months in jail for the death of 16-month-old, Jackson Edmonds. Edmonds died of hyperthermia last March after Harper left the child in a car in the drive way of the day care center. North Carolina State officials closed the day care center the week the death occurred, declaring the day care center to be an unsafe, unhealthy and injurious environment. Harper also received a suspended sentence and supervised probation. You can read more about this incident at 60-year-old day care owner receives jail time. Day care providers have a duty to care and protect the children within their custody. Leaving a child unattended in a vehicle is never acceptable. The heat within an automobile increases at drastic rates and can become 45 degrees or more above the temperature outside. Also, a child’s core temperature increases as a rate 3-5 times faster than an adult. Children run a high risk of heat stroke, which can leave permanent injury or result in death. If you have experience the negligence of a day care provider contact a Florida Child Injury Lawyer to discuss your issues and concerns.

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

In Charlotte, North Carolina, a man tried to abduct / kidnap a 4 year old boy from a Charlotte gym while the boy's father was working out. The gym provided for day care services for members. While the boy's father was working out, a man came to the day care center part of the gym and told the attendant that he was a friend of the boy's father (work out partner) and that he was there to pick up the boy. As the attendant was gathering the boy's belongs, the boy stated that the man was not his father and that he did not know the man. The attendant then informed the man that the attendant would need to contact the father before releasing the boy out of the care and custody of the gym's day care program.

Fortunately, the child spoke up and the child was not released. It was quite frightening for the mother of the child to learn of the details of this story. Child predators and offenders go to great lengths to get their next victims. One would think that a child in a day care center would be safe from the harm or victimization. When parents take a child to a day care center, parents should find out the policy and procedures for drop off and pick up. Make sure that the procedures prevent incidents like this from taking place. Not all children are going to speak up and let an attendant know that there is a problem. That is why proper policies and procedures are so important. You can read more about this story at Stranger Tries to Take Boy from Charlotte, North Carolina Gym Day Care Center.

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

In North Carolina and other States, small children are at risk for drowning incidents. It was reported in Onslow County, North Carolina that a 4 year old drowned near the home in a pond. The child was transported to Onslow Memorial Hospital but medical providers / doctors were not able to save her from the injuries / complications relating to the drowning incident. See North Carolina 4 Year Old Drowns Near Home.

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

In Fayetteville, North Carolina, criminal legal proceedings are being pursued against a mother accused of prostituting her 5 year old daughter. The tragic ending to this story involved the death of this innocent child who was found in a ditch. Parents should be the protectors of their children and keep them from being harmed by others. If the allegations are true and there is evidence that results in a plea deal or a jury verdict, this mother will likely face a prison sentence for these crimes. You can read more about this story at Mother Accused of Trafficking Her Daughter to Appear in North Carolina Court.

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

In Clayton, North Carolina, police have charged a 13 year old child with setting fire to a day care center that was under construction. ABC Eyewitness News reported this story. For some reason, the teen allegedly left his home and entered the day care center to set the fire. It was not reported what lead police to this teen or what forensic evidence exist on this matter.

Whatever the cause of the fire, it is a shame that a day care center will have to delay its opening due to this fire. Day care centers, that follow regulations and staff their centers appropriately, provide parents with needed help so that parents can work their jobs and manage their schedules. Day care centers can also be instrumental in educating our children prior to the start of their elementary school years.

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

Lighters are common household items. It should also be noted that lighters are very dangerous in the hands of a toddler or child. In North Carolina, a 2 year old boy suffered third degree burns after he lit his clothes on fire from a lighter. The boy's parents were charged with negligent child abuse resulting in serious bodily injury. Investigating officers observed marijuana and other drug paraphernalia at the the home. The incident may have occurred after the parents had smoked marijuana.

The boy was airlifted by helicopter to a hospital at the University of North Carolina. You can read more about this story at North Carolina Boy Airlifted for Burn Injuries from Lighter.

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.