Child Injury Lawyer Blog

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children are at risk for personal injuries and, in some instances, even die when left in a day care center van, bus, or vehicle. The exposure of the child to extreme heat or cold can lead to hyperthermia or hypothermia. This, in turn, can have fatal consequences and end the life of an innocent child. Whether the child is left in a vehicle for convenience or left in the vehicle due to negligence, inattention, or forgetfulness, the results can be the same. The problem is that many day care providers and child care providers do not recognize or understand the risks of leaving a child unattended in a vehicle even for a few minutes. It is vital that a day care center have policies and procedures in place when transporting a child and that the day care center FOLLOW these policies and procedures. By properly completing a simple checklist - a child's life can be saved.

When a child suffers an injury or death as a result of the negligence or improper supervision at a day care center, a child injury attorney can help the family pursue a civil case or claim for damages. The attorney can seek compensation for the child and family for medical bills, funeral bills, pain, suffering, loss of enjoyment of life, and other damages. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Automobile Accidents, Damages / Compensation, and other topics. Get the book for free at The ABCs of Child Injury.

Proper safety precautions should be followed for the health, safety, and well being of each child enrolled in a day care center. The following safety precautions should be followed when transporting a child enrolled in a day care center:

1. Attendance Sheet. An attendance sheet or checklist should be maintained that contains the name of each child transported by the day care center.

2. Roll Call When Loading the Bus. A roll call should be taken when the child loads the bus.

3. Roll Call When Unloading the Bus. A roll call should be taken when the child unloads from the bus.

4. Sweep or Walk Through of Bus, Van, or Vehicle. A visual sweep and walk through of the van, bus, or vehicle should be completed to make sure that no children have been left in the vehicle.

5. Roll Call at Destination / Day Care Center. When the children are unloaded from the bus and arrive at the destination, another roll call should be taken when the children are off the bus.

6. Installation and Use of Alarm. A van or bus alarm can be installed in the vehicle. The alarm will sound until turned off. Typically, the alarm is installed in the back of the bus so that the driver or attendant is forced to walk to the back of the vehicle to turn off the alarm. This, in turn, will require the driver / attendant to check the entire bus / van.

When a child is injured as a result of being left in a day care center van or bus, criminal charges are often times pressed against the day care center operator and / or the driver / attendant with the day care center. It was reported in Akron, Ohio that the owner of a home day care center pled No Contest to criminal charges. The case stemmed from the death of a 13 month old girl - Aolani McCray - who was left in a vehicle while under the care of the day care center. Involuntary Manslaughter was the particular charge pursued by law enforcement officials. The day care center operator was sentenced to community control (probation) and community service. See Ohio Day Care Center Operator Pleads Guilty to Involuntary Manslaughter Charges.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, children are the unfortunate victims of accidental shootings. It was reported in Fredericksburg Ohio that a 15 year old Amish girl - Rachel Yoder - was hit by a stray bullet. At the time of the tragic Ohio shooting, the girl was driving a horse drawn buggy. She was shot in the head. The work of police investigators determined the probable cause of the shooting death of this girl. Apparently, a man shot a rifle into the air approximately 1.5 miles away from where the bullet hit Rachel Yoder. A full investigation will be conducted to determine if the ballistics from the gun match the bullet that ended the life of the Amish teen. See Accidental Shooting of Amish Teen Reported in Ohio.

Accidental shootings are unfortunate statistics that can and do have a lasting effect on the family, neighborhood, church, and community. Nothing can prepare a parent for the news that a child has fallen victim to an accidental shooting or some other incident that ends the short life of the child.

The accidental shooting death of Rachel Yoder should serve as a reminder to all to keep guns secure and to avoid discharging a gun except in remote locations or gun ranges where a stray or errant shot does not put a person in danger of personal injuries and / or death.

The book tiled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Medical Treatment / Medical Care, and other topics. You can receive this book for free at The ABCs of Child Injury.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, children continue to be the unfortunate victims of abuse and neglect at the hands of their parents, family friends, relatives, babysitters, teachers, and / or day care providers. Often times, a caregiver will present a child to an emergency room or a pediatrician and invent a story regarding how the injuries took place. When the history provided does not match the suspected mechanism of injury, state officials should be contacted to further investigate the injuries. The safety and best interests of the child are paramount to any other concerns or issues. Furthermore, a child, who is residing in a potentially abusive or neglected environment, should be removed and cared for in a safe and secure living situation.

In Ohio, it was reported that a Germantown man plead guilty to a count of child endangerment. The child, who was 5 weeks old at the time of the incident, suffered a fractured leg. See Man Who Broke Child's Leg Received Prison Sentence.

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

An Akron, Ohio day care worker left a 13 month old child in a vehicle outside a local day care center. The vehicle apparently was carrying 5 children. The day care worker brought four of the five children into the center, leaving the fifth child in the vehicle for several hours. According to reports, it was 90 degrees outside. The 13 month old that was left in the vehicle died.

There have been several deaths related to children left in vehicles. On a hot day temperature can reach 180 degrees in a vehicle with dark interiors. It is important not to be distracted when getting out of your vehicle. Day care centers and schools have the responsibility to keep your children safe from harm. Make sure your day care facility has a plan for loading and unloading vehicles and the overall supervision of children. For more information on this subject, see Baby Dies from Heat Resulting of Being Left in Hot Car.

The avoidable death of a child is a tragedy that impacts the family, neighborhood, and the community. Children should always be given priority when it comes to day care supervision, and, yes, transportation. Even a moment of inattention can lead to serious personal injuries and even the death of a child while under the supposed supervision of an Ohio day care center.

The book titled - The ABCs of Child Injury - has chapters on Day Care Center Injuries, Damages / Compensation, Medical Bills / Treatment, Child Abuse & Neglect, and other topics. The book is provided to parents, families, and others for free at Free Child Injury Book - Guide to Parents - What Every Parent Should Know About Child Injuries - Legal Rights and Compensation.

See also Leaving Children and Pets in Hot Cars Is Dangerous and Can Be Deadly.

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

An Ohio boy tragically died at Circleville Raceway Park. The six year old was diving his go-cart in a private session at the race track when he was hit by a motorcycle. Officials report that the go-cart spun out and was hidden behind a small hill when it was struck by the motorcycle. The child received treatment at the scene of the accident and was transported by air ambulance to Nationwide Children's Hospital. He later died from his injuries.

The motorcyclist sustained only minor injuries. The Pickaway Sheriffs department is investigating this incident.

It is important to follow the rules of the race track. Race track etiquette stresses safety first. It is the drivers responsibility preserve the well being and safety of the drivers around the track. It is very important to wear a helmet and other safety gear when driving a go kart. You can read more about this story at Race Track Tragic Death of 6 Year Old Boy Reported in Circleville Ohio

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quinetta Tubbs, owner of NaNa’s Day Care in Ohio, was charged with child endangering and obstructing official business after leaving a two-year-old Micah Davis at Clippard Park following a field trip. Tracy Davis, Micah’s mother, was informed of the incident by Tubbs. Thereafter, Tubbs asked the mother to lie to the police and tell the police that the child was at a birthday party. Tubbs was released on a $1,000 bond. Child and Family Services is investigating NaNa's Day Care, but the mother said she does not want to press charges.

Day care employees need to be more aware of the children under their guidance, care, and supervision. Children of all ages, including two-year-olds, can get separated from the group easily, especially when on a field trip.

Parents need to make sure their day care centers have precautions in place for when they travel outside of the facility. While there are several ways to keep a group together, one way is to have all of the wear the same T-shirt or same color T-shirt.

Secondly, they should follow single file, and hold hands. Children should be instructed to alert a teacher if the person who was once holding their hand is not holding it anymore. They should also be instructed to alert a teacher if they see someone wander off or if their friend goes missing. Small tasks such as these can make a big difference in keeping children safe on field trips or other outside facility trips.

Finally, and most importantly, a simple checklist that is reviewed and documented before and after each stop can prevent most incidents from taking place.

For more information, see Day Care Worker Accused Of Leaving Toddler At Park

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Alisha Schlagenhauser, a 27-year-old woman, was charged with assaulting an autistic child in Wildwater Kingdom in Aurora, Ohio. Witnesses said Schlagenhauser was drunk when she was seen yelling and hitting the child. She was also seen dragging him by his harness through the park so forcefully that she caused him injury.

Schlagenhauser was also caring for the child’s 7-year-old brother along with two other children when the alleged abuse occurred. Law enforcement officers interviewed Schlagenhauser who purportedly admitted to drinking tequila and beer at the water park. Cops also found marijuana and a pipe on Schlagenhauser. She is being charged with child endangering, drug possession, and assault.

It is important for parents to ensure their children are being cared for by responsible and trustworthy people. Parents must closely observe the behaviors and actions of the people they entrust to care for their children. If there is ever any sign of abuse or alcohol or drug related activities, parents should terminate the employment of these caretakers and find a more responsible person to care for and supervise their children.

For more information, see Drunk babysitter charged after assaulting four-year-old autistic boy at water park.

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

An unfortunate incident recently took place at the University of Cincinnati (Ohio). It was reported that Everette Howard, an 18 year old student, died as a result of injuries sustained by a Taser gun used by campus police. It was reported that Everette was attempting to break up a fight at the time. It is expected that a full investigation will be completed and then be summarized in a written report since a death resulted from this incident. There appeared to be several witnesses to the incident. The use of force by a police officer is permitted under certain circumstances. In particular, if the health safety and welfare of the police office and / or others are put at risks - force is often times utilized. There are particular policies and procedures in place for each police department as to the use of force including the use of Taser guns. The incident will be reviewed to determine if protocols and criteria were met with respect to the facts and circumstances of this incident.

While Taser guns are typically a less dangerous alternative to the use of a gun, there are still serious personal injuries and even deaths that result from the use of a Taser gun. Law enforcement officials should be respected and orders by the same should be followed. When force is used, it should be reasonable and necessary. Whether the force used is considered excessive will depend on the facts and circumstances of each incident.

For more information, see "Everette Howard Died Saturday At UC Campus."

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

The near drowning of a local Springfield, Ohio infant, Hannah Rodgers has raised awareness for safety issues involving backyard pools, otherwise known as portable pools. According to the Clark County Sheriff’s Office report, 14-month-old Rodgers was found unconscious in a portable pool after someone forgot to remove the ladder after swimming.

A new study published in the June issue of Pediatrics confirms that portable pools are dangerous. The study found that every five days during the summer months, an American child drowns in this type of pool. Gary Smith, the author of the study and expert on child injury at Nationwide Children’s Hospital in Columbus does not think that parents consider the safety issues when they buy a portable pool. ‘In hardly any time at all, you can set one of these up… It’s different from an in-ground pool, where a lot of forethought (has to) go into it,’ Smith said.

Smith is concerned that the most effective pool safety devices, such as pool fences, can cost more than the pool itself. Smith’s Center for Injury Research and Policy has scolded pool manufactures for not producing the same safety precautions that are widely available for in-ground pools. Kathleen Reilly, head of the Consumer Product Safety Commission’s pool safety campaign said that the Federal Regulatory Agency does not require portable pools to come equipped with safety devices. The CPSC only regulates pool drains and filters. However, Reilly acknowledges that the publishers of the study raise a crucial point: ‘The ones about three feet high once you inflate them, those are the ones that are really dangerous,’ she said.

According to the study, easy safety measures such as removing pool ladders and locking all doors to the outside prevent the largest percentage of drownings. For more information on this study and topic, see Portable backyard pools dangerous to young children.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sheriff Pat Kelly and the Athens County Sheriff’s Office have been investigating claims as to sexual groping at two local at home day care centers. Children of six families claimed t hat a 72-year-old man had inappropriate contact with their children in Athens County. The day care centers are located in the Dover Township and Trimble areas.

The alleged victims are all under five years old. The Sheriff’s Office has identified a person of interest. This person is not an employee of either of the day care centers. Kelly said that currently the charges consist of ‘just petting and groping’ of the children. There are no acts that qualify as a more serious charge such as rape, though that is possible if more information is revealed, said Kelly. Kelly is not releasing the identity of the person of interest because no formal charges have been filed.

According to Kelly, the investigators are awaiting the return of a DNA evidence analysis by the Ohio Attorney General’s Office. However, he would not say what type of physical evidence was being tested. The person of interest has been told to stay away from the Ohio day care centers until the investigation is over. For more information on this topic, see Sheriff looks into allegations at 2 daycares.

By Will Brown Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Athens County Sheriff’s Office has been investigating allegations that a 72-year-old man inappropriately touched six children at day care centers in Athens County. The police and Children Services were first notified when a mother of two teenage girls said that the man groped her daughters at a store connected to a home day care center.

Sheriff Patrick Kelly said that they identified a person of interest and an investigation has been launched. The police have been questioning parents and owners of two day care centers. More families have come forward alleging that the same man had inappropriate contact with their children; the children are all under the age of five. Sheriff Kelly said that all of the children attended one of two home day care centers located on state Route 13 in Dover Township, Ohio. The families came forward and asked the police to investigate the situation. Two of the alleged victims are two-years old and two are four-years-old, said Kelly.

According to the police, the person of interest is not allowed to have contact with the day care centers during the investigation. Both of the day care centers are with 100 yards of each other, and the person of interest has contact with both, said Kelly. Parents with children who were or are enrolled in the day care center have been notified about the ongoing investigation and have been assured that safeguards are in place to keep the man away from the facilities. For more information on this topic, see Man Alleged To Have Molested 6 Kids At Daycare Centers.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Cleveland, Ohio, the police have arrested five people for abusing a handicapped toddler; the child’s mom and boyfriend were arrested along with three others. According to the police, the suspects burned the handicapped child with a hot iron. The incident occurred at W. 38th and Dension. The person who answered the door at the address claimed it was just an accident, but the child could not even walk, said the police. The grandmother of the child was horrified when she saw the burns on the child’s leg and called for help immediately. The grandmother said that nobody had taken the child to the hospital for treatment or reported the incident to 911.

Certain people in Ohio are required by law to report incidents of child mistreatment, but anyone can make a report of suspected abuse. If a child is in immediate danger, then the police should be notified immediately. In all other circumstances, reports should be made to the DFCS office in the county where the child lives. People who call to report suspected abuse do not have to be certain the abuse occurred but only need to report what they have seen or heard. The authorities will investigate the situation and confirm whether the abuse occurred.

For more information on this topic, see Mother, boyfriend among those arrested after handicapped toddler was severely burned.

By Will Brown, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

Amusement parks in Ohio and nationwide that has taken a hit over the past few years due to the economic downturn are finally starting to bounce back. Crowds increased at many amusement parks in 2010; Six Flags Entertainment Corp. based in Grand Prairie, Texas, and Cedar Fair Entertainment Co. based in Sundusky, Ohio both reported an increase in attendance nationwide. Other regional parks also experienced modest gains.

Gary Slade, editor and publisher of Amusement Today said that parks are spending more money on new rides and attractions this year than the previous season. Bush Gardens in Tampa, Florida and Six Flags located in Georgia are opening new roller coaster attractions, and several other theme parks are making new additions to their water rides.

The increase in attendance at amusement parks is likely to cause an increase in personal injuries to both park riders as well as bystanders. While some participants will incur minor injuries such as bruises and skin abrasions, others will not be so lucky and will end up with serious injuries such as broken bones, head and spinal injuries and sometimes even death can occur.

If you have been injured at an amusement park there are some factors to take into consideration in order to make a successful legal claim. First, you must prove your injuries were caused by another person that is a member of the amusement park staff or management. Second, the amusement park injury should be caused by either direct/indirect negligence of that amusement park. Lastly, you should report the injury as soon as possible; the more time that goes by the more the park can cast doubt on your injury.

Amusement park owners should provide all ride operators and other employees with enough training so they understand ride restrictions, all warnings necessary to safely participate in the ride, crowd control methods, and company policy for potentially hazardous situations. Park owners are legally responsible to third parties for the acts their employees that are within the scope of employment.

The best ways to prevent personal injury at an amusement park is to exercise good judgment and common sense. Other tips include: always follow posted height, weight, and age restrictions; seat small children on the inside of the ride away from open sides; and make sure a ride has adequate restraints for your child’s age and size. For more information on this topic, see Thrill is back, so are crowds at amusement parks.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, parents entrust schools and day care centers to provide a safe and clean learning environment for their children. In addition, parents expect that the teachers and staff members employed by the school and the day care center are alert, healthy, and doing their best to supervise and educate the children. Unfortunately, some teachers and day care workers shirk these responsibilities and engage in other activities at school that take away from their effectiveness and attentiveness. This can include excessive texting, Facebooking, computer and video games, taking on the cell phone, and, yes the use of drugs and alcohol. In Westlake, Ohio, it was reported that a substitute teacher was arrested for allegedly drinking at Westlake High School. The incident took place on April 8, 2011 where police were dispatched to the school. The teacher, Anne M. Keller, was cited for Disorderly Conduct Intoxication and having an Open Alcohol Container at the school. She later pled guilty to both of these charges. The physical evidence observed by the police was a Grey Goose Vodka botte. See Police: Teacher Drank at School, Had Bottle of Grey Goose.

Whether Ms. Keller is a good or bad teacher does not come into play when there is an incident of being intoxicated and having alcohol at the school. It is well known that alcohol slows down motor skills and affects decision making ability. It is important for a teacher or child care provider to be sharp and alert because children from elementary through high school age need adult supervision.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 1-year-old boy of Morgan County, Ohio has tragically died. Official suspect the cause of the infant's death was bacterial meningitis, however, the cause of his death has not been confirmed. The boy's day care facility has also undergone extensive cleaning. Although the boy's death has not been officially attributed to meningitis, director of nursing at the Morgan County Health Department confirmed that as man as 20 children and their respective families have been notified and advised to watch for symptoms. Another girl who attended the same child care facility as the boy is also being treated at Columbus Hospital. Cain was first contacted about the girl being treated for bacterial meningitis, just 15 minutes later she was informed about the boy's case. The day care center was not named. Meningitis is typically caused by a viral or bacterial infection and is an inflammation of the membranes that cover the brain and spinal cord. Typical symptoms are those similar to upper-respiratory distress and the flu. Infected children may also keep their chin tucked in because it is too painful to move their neck, severe headaches are also a symptom. Symptoms usually appear 3-4 days after exposure. For more read 1-year-old Morgan County, Ohio, boy dies of suspected bacterial meningitis, day care facility undergoes extensive cleaning.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, there are dangers to children on or near roadways in the early morning hours and after school hours. Unfortunately, there are accidents that take place at these time periods that lead to serious child personal injuries. It was reported in Anderson Township, Ohio that a 15 year old boy was hit by a school bus in the morning hours near Nagel Middle School. Due to the severity of the personal injuries, the child was taken to Mercy Anderson Hospital and then flown to Children's Hospital. See Teen Flown to Hospital After Being Struck by School Bus.

Whether a child is injured in an automobile accident, a school bus accident, school related injury, or day care related injury, a parent is faced with many issues and struggles in caring for the injured child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know contains information and tips for parents dealing with the aftermath of a child injury. Click here for a free book to serve as a resource of information when dealing with the issues related to a child injury.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Cincinatti, Ohio, a boy was accidentally shot in a barber at a Walnut Hills barber shop. The 6 year old boy was shot in the arm but was reported to be recovering from the gunshot wounds. The boy suffered gunshot wounds to his arm, rib, and back. Of course, the gunshot wounds could have been much worse and could have ended the short life of this young boy. It is most unfortunate that innocent children get harmed and injured as a result of disputes and gun shot incidents. You can read more about this story at Boy Recovering After Barber Shop Shooting.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, recess at school is typically a fun time for children. Unfortunately, tragic accidents and incidents take place at recess and on school playgrounds. Some are preventable while others are completely unforeseeable. It was reported that an incident took place at Morgan Elementary School in Morgan Township, Ohio. A 7 year old boy struck his head at recess and needed to be transported by an emergency helicopter to the hospital. The details as to how the incident took place was not mentioned in early news reports. You can read about this story at Medical Helicopter Called to School for Child Head Injury.

Teachers and all child care givers should do their best to monitor the children during recess and other play time. Furthermore, teachers and school staff should periodically inspect and maintain the school grounds and playground equipment to make sure the areas are safe for the children.

Parents are confronted with many issues and challenges when trying to deal with a child injury. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know contains helpful advice and information regarding child injuries. There are sections on Playground Injuries, Medical Bills and Treatment, School Injuries, and other topics. You can receive a free book by clicking here. As noted in the book, "don't go it alone" when you are dealing with the problems associated with a child injury.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Cleveland, Ohio and other cities through the nation, there is a problem (a real problem) with bullying. Some acts of bullying have resulted in deadly consequences. For instance, there have been reports of suicides of children and teens resulting from harsh acts of bullying. While the Internet with sites like Facebook and You Tube can be great tools, they can also be dangerous weapons when used to bully someone or ridicule someone to others online. Whether the messages are sent to one person or thousands, the act of bullying can and does have dire consequences. Cleveland Radio Station Z107.9, which is a hip hope and R&B radio station, recently hosted a show called the Bully-Free Air Zone. The show aired for 2 hours and focused on bullying and suicide. These are important topics that impacts thousands upon thousands of children. Z107.9 should be commended to taken an active stance on these issues and trying to make the community and schools safer for all children. You can read more about this story at Local Radio Station Creates Bully Free Air Zone.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former day care worker in Cincinnati, Ohio has been convicted for drugging toddlers to get them to fall asleep. Donna Scott, 42, was charged with three counts of endangering children. Scott and her boss were arrested in March 2009 for giving at least four children at the day care facility the natural supplement and sleep aid melatonin. According to the charges, Scott laced the children's candy and baby formula with melatonin to get the children to fall asleep faster. These children were given the supplement for over a six-month time frame.

Scott has already been convicted on her three counts of child endangerment but is awaiting sentencing - Scott could receive up to 6 months in jail. Her boss, Pamela Hartley, has already been sentenced to serve 6 months in jail, but is appealing her sentence.

Since this incident, the day care has been closed and all the employees, including Scott and Hartley, have lost their jobs. If you would like to read more on this story see Former day care employee convicted on three counts of child endangerment after drugging children under her care, awaits sentencing.

Ohio Day Care Centers have a duty to provide a reasonably safe environment for children. When Day Care Center employees take short cuts or put their own interests ahead of the children, it creates dangers and injuries for children.