Child Injury Lawyer Blog

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.

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.