Child Injury Lawyer Blog

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

Pamela Hartley, a 56-year-old woman of Hamilton County, Ohio, was sentenced to 6 months in jail and banned from working in the childcare industry ever again. Hartley was one of two women who were accused of drugging children at a Hamilton County childcare facility.

After officials learned that Hartley was giving medication to children at the Covenant Apostolic Church Church Day Care Center, she was charged with child endangerment. Officials said the women were giving children, Melatonin, an over-the-counter sleeping supplement. Donna Scott, 41, is the other woman charged in the case. Scott has a trial scheduled in August and is entitled to a defense attorney. Hartley and Scott were both fired from the daycare. To read more details on this story see Hamilton County, Ohio daycare worker sentenced after giving sleeping supplement to children.

Parents and guardians place a tremendous amount of trust in a daycare facility and its workers. People hired as daycare workers should never neglect their responsibilities and respect the position they have been placed in.

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

In Tremont City, Ohio, a 6-year-old girl fell off the trampoline located at her home. The child was being watched by her grandmother through the back door of their home. After the accident, which the grandmother witnessed, the child walked into the home then vomited and lost balance. She was flown to a nearby hospital where she was diagnosed with a mild concussion. The grandmother stated the trampoline was usually secured by a safety net, however, it happened to be unattached on the day the accident occurred. Although the family has had the trampoline for four years, the family took the trampoline down after the accident.

Devices such as trampolines or other play equipment are a great source of fun for children. However, fun-filled playgrouund equipment can be extremely dangerous and pose a serious risk of injury to children. Parents should take extra precautions if they decide to maintain playground equipment for their children, such as the safety net for the trampoline this family had. Children sometimes do not appreciate the dangerous nature of the equipment they play on. Therefore, parents, care takers, daycare providers, babysitters, and others need to take all reasonable precautions and safety measures to protect children from sustaining bodily injury from these types of playground equipment.

To read more on this incident see 6-year-old Ohio Girl Falls Off Trampoline, Suffers Head Injury.

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

In Ohio and other states, accidental injuries take place in day care centers. It is important for day care providers and child care providers to recognize and respond to injuries. First Aid kits should be readily available and the parent should be immediately contacted should the injury require medical care beyond a simple bandaid. The Ohio Department of Job and Family Services requires day care centers to complete an Incident Report when there is an injury that takes place at a day care center. Incident Reports like these are important in that they help document the incident for the day care center, parents, and the State of Ohio. Recognizing and reporting accidents and incidents that lead to injury can help bring a better safety awareness to day care centers. There are many issues or questions that arise when a child is injured in a day care center including the following:

When did the incident / injuries take place?

What students / day care center workers were present at the time of the injury?

What was the cause of the injury?

Were the injuries preventable?

Was there an issue with the supervision of the children?

Was there an maintenance issue with the facility that caused the child personal injuries?

See Ohio Day Care Center Accident / Incident / Injury Report.

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

In Monroe, Ohio, there was an investigation into alleged burns to a child from an Ohio Day Care Center. The initial news reports indicated that a child may have suffered burn type injuries from a Mr. Magic Eraser cleaning product that may have been used on a child's body at the day care center. See >Ohio Day Care Center Investigated for Burn Injuries to Child.

Channel 9 WCPO news subsequently reported that investigators determined that the child was not burned at the day care center. The day care center at the center of this controversy was Mount Pleasant Children's Village. It was reported that the alleged injuries were not burn injuries but a skin condition / problem caused by rubbing. It appears that no criminal charges will be followed on this matter. See >Investigators State that Child Not Burned at Ohio Day Care Center.

Child injuries need to be investigated to determine the cause of the injury and whether the injuries were preventable with proper supervision and care at the day care center, home, or elsewhere. Some child injuries are accidental in nature and really could not be foreseen or prevented while others could easily be prevented with due diligence and common sense.

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

In Ohio, parents, caregivers, schools, and day care providers should be aware of a new law that recently went into full enforcement mode. Children from the ages of 4 to 8 years old must be placed in a booster seat unless the child is 4 Feet 9 Inches tall. Children from the ages of 8 to 15 years of age must wear a seat belt. Safety advocates are pleased with the passage and enforcement of this law. With or without a law in effect, parents, schools, and day care providers should think of safety first when transporting a child. Seat belts, infant seats, and booster seats can help prevent serious personal injuries and even death resulting from an automobile accident. You can read more about Ohio's law at Ohio Booster Seat Law Goes Into Effect for Enforcement Purposes - Keep Children Safe.

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

In Ohio and other States, there are many potential dangers at day care centers. Because children have poor safety awareness, it is important for day care providers to safeguard the day care center to the best of their abilities. Windows are locations at day care centers that may be dangerous. Children, from time to time, will try to crawl in the window area and in some instances out of the window area. In Beaver Township, Ohio, two toddlers at a Mennonite day care center were peering out of the window, pushed out the screen covering, and then fell seven feet to the pavement. It was reported that one of the children may have suffered a concussion.

If a home or day care center has a window open with screens in place with small children nearby, then the window and screen area should be checked to make sure that an incident like the one reported does not happen. Check with the building maintenance supervisor, contractor, or other safety expert to determine how to best safeguard the window area from curious children. You can read more about this story at Toddlers Fall from Second Story Window at Ohio Day Care Center.

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

In Columbus, Ohio, Franklin County Children Services is displaying 9000 pinwheels during the month of April to promote awareness of child abuse in the community. Most people do not want to think about child abuse and think that it is more of a problem in other communities. The Pinwheels are a colorful and innovative way of capturing attention to the real and current problem of child abuse in Columbus, Ohio and other communities. You can read more about this project at Parenting Project: Child Abuse Prevention

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

In Ohio and other States, detectives with a SVU (Special Victims Unit) investigated and arrested a mother and Dayton (Ohio) Public School bus driver on criminal charges of child endangerment. The criminal charges involve allegations that the mother (Kristal Hill - age 33) burned her 4 year old daughter with a spoon that had been heated from a stove. Ms. Hill will be entitled to a criminal defense attorney from the public defender's office or a private law firm. The 4 year old girl had told different stories of the incident and this may be part of a possible defense of the case by the mother and her attorney.

Parents have some rights in the manner in which they discipline and raise a child; however, there are limits to said parental rights. When the discipline or corporal punishment is excessive, criminal investigations and prosecutions result. What is excessive? The answer to this question may depend on who you ask. Most States have laws in place that define excessive punishment and / or child abuse. If Ms. Hill burned her child to discipline her and marks were left from the burns, this would appear to be a criminal case of abuse rather than a mere parental choice in discipline. You can read more about this story at Ohio School Bus Driver / Mother Suspected of Burning her 4 Year Old Daughter.

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

The Butler County Sheriff's Office released the name of the 15 year old girl who was recently hit by a school bus. Her name is Sodany Phann. It was reported that this West Chester, Ohio accident involved a bus with the Petermann Bus Company. It was dark and raining when the accident took place. Since the accident involved a death, there will be a full investigation into the facts and circumstances of the accident. The untimely and tragic death of this 15 year old student is certainly a great loss for the family, community, neighbors, and the school. See Girl Hit by School Bus Identified.

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

In Columbus, Ohio, a day care provider was arrested following injuries to a 6 month old girl under the care of the day care provider. The child suffered internal and brain injuries that may be inconsistent with a fall or other accidental cause. Cases like this can be challenging. Many questions or issues arise including the following:

Were there any witnesses to an assault or other intentional act against the child?

What was the child's condition when brought into the day care center?

Are there alternate medical causes or explanations for the serious personal injuries?

What was the background of the day care provider?

The day care provider did not have a license. Lacking a license does not mean that there was neglect; however, a parent should be wary about placing a child in an day care center that is required to be licensed and regulated chooses to break the rules. It may be more costly for a parent to place a child in a day care facility that has a license; however, safety should take precedence over price when leaving a child in a day care center. You can read more about this story at Columbus Ohio Day Care Provider Arrested for Child Endangerment and Assault.

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

Children are at risk for health problems and injuries from Secondhand Smoke. Adults have the free choice to smoke and to engage in other unhealthy activities; however, children often times are harmed in the process. A study conducted by the researchers at the Nationwide Children's Hospital & Research Institute at the Ohio State University determined that there was a causal link between Secondhand Smoke and health problems or risks to toddlers and obese children. It was noted that smoking outside does not insulate or protect children from Secondhand Smoke since smoking residue remains on clothing. You can read more about this study at Secondhand Smoke - Dangers to Health of Toddlers and Obese Children.

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

In Ohio and other States, day care workers have the responsibility to supervise children. It is vital that day care workers stay calm and think of the best interests of the children when performing their duties. In Dayton, Ohio, it was reported that a day care worker punched a four year old boy in the chest causing him to fall down. In many instances, it comes down to the word of the day care worker versus the word of the child. A 4 year old boy's testimony is not always reliable or accurate. In this case, another teacher witnessed the incident. As a result of this evidence, misdemeanor assault charges were filed against Sherra Howard, a 25 year old day care worker who apparently lost her composure punched the child and then proceeded to spank him as well. The day care center was operated by the YMCA. The CEO of the YMCA issued a statement about the incident. You can read this statement and more about this story at Ohio Day Care Center - Day Care Worker Punches and Spanks Child.

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

While most students graduate at the age 18 and go on to higher education or into the work force, special needs children usually follow a different path. Stow-Monroe high school officials are hosting their first-ever “Transition Fair” for special needs students and their parents to discover what their options are after high school.

The fair is open to anyone in the area who cares for a child with a disability. Organizations on hand will include job placement and job training organizations.

The transition for a young person from high school to the “real world” can be fraught with uncertainty for any youngster, but is especially difficult for children with disabilities and their families. It is great to see this school taking the initiative to help students with disabilities take the next step.

Find out more about this story at Transition fair helps students with special needs.

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

A medical study estimates that burn injuries to children happen every 60 seconds in the United States. Approximately 300 children suffer burn injuries every day. Nationwide Children's Hospital based in Columbus, Ohio conducted the study which yielded important information that every parent, caregiver, teacher, and day care provider should know. A researcher for the study stated that most of the children (60 %) were under the age of 6 years old. This is not surprising in that children under the age of 6 do not have the safety awareness or judgment of an older child. The study spanned 17 years and studied information regarding more than 2 million burn injuries.

You can read more about this study and the alarming number of burn injuries to children at Burn Injuries to Children - Highest Risks to Children Under the Age of 6.

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

The State of Ohio has joined the majority of States by enacting a child booster seat law. The law will go into effect in October 2009. The Ohio law requires that children between the ages of 4 through 7 with specified height and weight requirements be placed in a booster seat. The law requires all Ohio residents and all those visiting the State of Ohio to comply with this law. Due to the size and body characteristics of children this age, adult seat belts often times are not effective in preventing injuries. Furthermore, in many instances, an adult seat belt without the presence of a child booster seat can cause serious injuries to a child. You can read more about the Ohio law and comments regarding the same at State of Ohio to Require Car Booster Seats for Children.

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

The State of Ohio has filed a lawsuit against one of the largest day care center chains in the State alleging that Angels Learning Center failed to pay many of its child care workers according to the wage guidelines set by the state. The lawsuit was filed by the State Attorney General Office and the Department of Commerce. It was reported that 150 employees were not paid the wages that they were entitled to under the law.

What are the dangers of underpaying child care staff? It is not a good sign that a day care center is cutting corners by failing to pay its staff according to the laws. It makes one question, "What other corners are being cut by the day care center?" If funds are not spent paying the employees even minimum wage, "What funds are being expended for training, safety, and other important facets of the day care center?"

Day care centers / child care centers in Ohio and other states should properly pay its employees. Furthermore, these facilities should show a greater concern for day care workers / child care workers who are so vital in the proper supervision and care of children.

You can read more about this story at Ohio Day Care Workers Are Not Paid Minimum Wage.

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

In Ohio and other States, summer time is a great time to be outdoors and enjoy the warm weather. People of all ages enjoy swimming and playing around and in swimming pools, lakes, rivers, canals, and other water ways. When children are around water, there is always the danger of drowning. This danger applies to infants, toddlers, school aged children, and even adults who are not strong swimmers. In a matter of minutes, a person's life can be forever changed or even ended by death due to drowning in any kind of body of water, pool, or play area - ranging from a kiddie pool to a large water way.

Wendy Pomerantz, M.D. is an emergency room physician based at the Cincinnati Children's Hospital (Ohio) and is very aware of the dangers and injuries related to drowning incidents in Ohio and other parts of the United States. Dr. Pomerantz notes that any child is at risks for drowning related injuries and deaths who is around or near water.

There was a recent story that reported that an infant died as a result of a drowning in a mop bucket at a day care center. As noted by Dr. Pomerantz, a child can drown in a toilet, fountain, bucket, bath tub, and other areas that hold even a small amount of water. Supervision is the key to prevention. Safety precautions to either eliminate, restrict, and / or secure the area containing water are also keys to prevention. You can read more about the dangers of drownings to children and safety tips to prevent drownings at Facts and Safety Tips Around Swimming Pools and Other Areas of Water.

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

Another child is dead after senseless violence in Canton Ohio. Harmoney Sankey only reached the age of 2 years old before becoming a victim of a crime in Canton, Ohio. Men broke into Harmoney's grandfather's home and the men demanded money. They shot the grandfather in the leg and Harmoney in the back. Police later arrested Makie Ragland and William Ferguson who were believed to be involved in the home invasion and shootings. Harmoney later died at Aultman Hospital. You can read about this sad and tragic story at Canton Ohio 2 Year Old Dies in Home Robbery.

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

In high schools throughout the nation, high school athletes are pushed to their physical limits and beyond their limits as well. Both male and female high school athletes often times push through injuries through their own dedication or the push of their coaches to compete. Concussions / head injuries are a serious problems in high school sports / athletics. A study completed at the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio showed that over 40 % of athletes who suffered a head injury / concussion returned to play too soon. The short and long term effects from a concussion are exasperated and prolonged when the student athlete has not been enough time to recover from the damages / injuries caused by the concussion.

The Centers for Disease Control and Prevention estimate that concussions account for approximately 10 % of sport related injuries in young people ranging from the ages of 15 to 24. Statistically, there were over 100,000 concussions in this age range last year.

In high school football, it was reported that 16 % of football players who suffered a concussion returned to play the same day. Medical experts advise against returning to play so soon. Repeated concussions with limited to no recovery time has caused long term serious health problems to NFL football players over the years. Some believe that this has led to early depression and dementia. In some instances, football players and other athletes even die from head injuries that result in brain swelling leading to the shutting down of the brain stem and then respiratory failure. This is referred to second impact syndrome (SIS).

You can read more about the problems with concussions in high school sports including football at Concussions: Serious Health Risks to High School Athletes.

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

An Euclid, Ohio dad has been arrested for several criminal charges including child endangerment, attempted murder and assault on a firefighter. Sammy G. Hunter, Jr. faces these serious criminal charges from incidents that took place at his home. It was reported that Mr. Hunter got high, turned on his oven, and tried to shove his son inside the oven. The baby's mother stopped Mr. Hunter from doing this. Mr. Hunter then tried to start a fire in the home that had a natural gas line. Firefighters responded to the scene. Then, Mr. Hunter assaulted firefighters. Of course, Mr. Hunter was arrested for these allegations. He pled not guilty to the charges.

Mr. Hunter will be entitled to an attorney to represent him on the criminal charges. One of the witnesses was the child's mother. I suspect that there is a history of domestic violence in this household. The local police and child welfare agencies will conduct an investigation into this matter.

You can read more about this story at Euclid Ohio Father Accused of Trying to Put Child Into an Oven.