Child Injury Lawyer Blog

By Roy Dickinson, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Now that the holiday season is over - - - children will be busy playing with the toys, bikes, skateboards, and other items that they received in December. While these items can occupy the time of a child, entertain them, and help them be active - these items can also be the cause, in part, of injuries to children. As reported by Safe Kids USA, speed and small parts are included as the causes for toy related injuries. Emergency room visits take place due, in part, to accidents while a child is riding a tricycle, bicycle, or scooter. While the only way to avoid every single injury is to avoid these items and activities - this is not realistic or sensible; however, there are safety measures that a child can take under the guidance and supervision of a parent, babysitter, school, day care center, or other responsible adult. Training and instruction can go a long way to prevent injuries. Make sure that the child understands the mechanism of the toy or bike and that he has lots of practice before taking longer rides or riding faster. It has been reported that 150,000 children are seen in emergency rooms every year due to toy related injuries. Of these injuries, approximately 1/3 of the injuries resulted from riding toys like a tricycle or scooter. Between the years of 1990 to 2009, almost 200 children have died due to choking related injuries caused by small toy parts. For more information on this topic - See Causes of Injuries from Toys - Small Parts and Speed.

Child safety experts recommend that all children wear a helmet on any riding toy or device. Whether the riding toy is a slow one or a toy capable of higher speeds, a child should always wear a helmet for his or her protection. Furthermore, parents should know that a serious injury can just as easily occur close to home in the driveway as it can further away from the home. Concrete is concrete and when a child hits the ground without a helmet - serious head or brain injuries can and do happen. While a helmet will not reduce all injuries or incidents, it is one safety measure or item that should always be used.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medical Treatment, Damages / Compensation, Homeowner's Insurance, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

By Roy Dickinson, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

A two-year-old toddler was killed as a result of an automobile accident in Oklahoma. According to Blackwell police, the driver of a pickup truck, Ashlee Nicole Martindale, 25, ran into the back of a Dodge Neon in the 4000 block of West Doolin Avenue. Colleen Wood, 19, Destiny Turner, 18, and two-year-old Maraya Turner were in the Dodge Neon at the time of the accident. Wood and Destiny Turner were taken to the hospital for treatment and their conditions were unknown. Maraya Turner was sadly pronounced dead at the hospital.

According to the police, Martindale was arrested on charges of driving under the influence, second-degree murder, possession of marijuana and possession of hydrocodone and alprazolam without a prescription.

Oklahoma Statute § 11-902, makes it unlawful for any person to drive, operate or be in control of a motor vehicle, whether on public roads, highways, streets, turnpikes, who:

• Has a blood alcohol concentration of .08 or more;
• Is under the influence of alcohol; and/or
• Is under the influence of any other intoxicating substance that may render a person incapable of safely driving a motor vehicle.

For more information on this topic, see Drunken Driver Hits Car, Toddler Dies.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Department of Human Services (Day Care Regulation) for the State of Oklahoma is investigating allegations of improper restraint and supervision at the KinderCare based at Oklahoma University (OU). The alleged incidents took place in Norman Oklahoma. A spokeswoman with the Department of Human Services reported that the Department is investigating whether a OU Learning Center child was tied up with sheets at the day care center. A spokeswoman with KinderCare confirmed that there were allegations made regarding the staff and stated that "Inappropriate behavior of any kind is not tolerated in our center." See Day Care Accused Of Tying Up Children - Oklahoma - DHS Investigating Day Care.

Each State including Oklahoma has rules and regulations for day care centers and child care centers. See Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Operation of the Day Care Center?

The purpose behind these day care rules and regulation is to provide a safe environment and haven for children while parents are at work. Restraining a child for convenience or supervision is typically against State day care rules and regulations. A sheet is never a proper restraint for a child and can lead to serious injuries including strangulation and asphyxiation.

When a child is abused, neglected, or harmed while under the care of a day care facility, a parent is faced with many challenges and questions. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Damages / Compensation, Child Abuse, Medical Bills / Medical Treatment, and other topics. Click here to receive a free child injury book. In addition, the book is available at the following sites: Amazon, Barnes & Noble, and Apple iBooks. Search for "The ABCs of Child Injury" and you should find the book authored by David Wolf with the red book cover.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Tulsa, Oklahoma woman and teacher's aide was recently charged with child abuse of a 19 month old little girl.

The police affidavit states that the woman was alone with the little girl at a daycare center and changing her diaper when the woman allegedly injured the baby.The baby was taken to the physician's office and the mother was called. The baby was then sent to the emergency room at the physician's recommendation and emergency room doctors had to perform surgery on the toddler. The same offender was investigated back in 2008 for child abuse allegations. No criminal charges were ever filed, but doctors who treated the infant victims, say these incidents were no accident.

The burden of proof required is different in civil cases as opposed to criminal actions. In civil actions, the burden of proof is usually referred to as the preponderance of the evidence standard. In simple terms, the Plaintiff (parent on behalf of a child) must prove that the Defendant was negligent or failed to provide proper care. The Plaintiff must prove the elements of the case by a preponderance of the evidence. In other word, the Plaintiff must proof the elements of the case by the more likely than not standard to the trier of fact which is typically the jury.

In criminal actions, each element of the crime must be proved "beyond a reasonable doubt" by the prosecutor in order to convict the defendant. This explains why in many situations civil actions are brought but criminal actions are not. If criminal charges are not brought, the prosecutor must not have felt he or she could prove each element of the crime beyond a reasonable doubt.

The day care center in charge of hiring the offender may be subject to tort liability on multiple grounds including negligent hiring, negligent supervision, and vicarious liability of its employee.

To learn more about this story, visit Affidavit: Accused Child Care Worker Calls Alleged Abuse 'Accidental'.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oklahoma and other States, amusement parks and amusement rides are subject to regulation and inspection by a division of State government. In Oklahoma, the Department of Labor is charged with the responsibility of inspecting and regulating amusement parks and amusement rides. The Oklahoma Amusement Ride Safety Laws are found under Chapter 40, Oklahoma Statutes, Section 460. It is important that amusement parks and owners / operators of amusement rides following the regulations set for in the Oklahoma Statutes. You can review these laws at Oklahoma Amusement Ride Safety Laws.

Pursuant to Section 461 - Definitions, an "Amusement Ride is defined as follows:

"Amusement ride" means a device or combination of devices or elements that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment. Amusement ride includes any amusement park device that uses treated water as the means of transportation, including the structure and water quality of the device.

The owner / operator of an Amusement Ride has a duty under Oklahoma Statutes to obtain a Certificate of Inspection from the State of Oklahoma - Department of Labor. In order to obtain such a Certificate, the ride must be inspected by the State of Oklahoma before it is put into use and thereafter at least once a year. In addition, a ride must be inspected each time that the ride is disassembled or reassembled.

A recent tragic accident was reported in Oklahoma involving the death of Jaylen Wolf - age 8 - when a barrel ride overturned that was being towed by an ATV. See Tragic Accident at Oklahoma Fairgrounds - Legal Rights and Responsibilities.

As part of the investigation into this matter, authorities will review the documents related to the Amusement Ride, compliance with State laws, and safety precautions in place or needed for a ride of this nature.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oklahoma, a tragic fairground accident was report where a child died and 4 others suffered personal injuries. The accident involved a barrel ride which was described as an ATV (All Terrain Vehicle) towing barrels that children / riders occupied. During the ride, the 55 gallon barrels overturned. Authorities reported that the an 8 year old girl was later pronounced dead at Marietta Hospital from personal injuries related to this incident. The Oklahoma Highway Patrol (OHP) identified the girl as Jaylen Wolf of Marietta, Oklahoma. You can read about this story at Girl (Jaylen Wolf) Dies as a Result of Oklahoma Fairground Accident - Barrel Ride Overturns.

News report did not provide details of whether the ride was manufactured by a company or manufactured by an individual. It would be important to determine what kind of safety tests and inspections were completed prior to having guests / children use the ride. Were the barrels susceptible to tipping? What kind of safety measures were put in place (if any) to deal with a tipping barrel? What speed was the ATV going at the time of the incident? Was the terrain a factor in causing the barrels to tip over?

Fairgrounds can be sites of great fun. As you can see here, fairgrounds can also be sites of horrible tragedy and serious personal injuries.

The design, operation, and inspection of the barrel ride system will be pertinent to both the homicide or death investigation by authorities. These issues are also important should the personal injury victims and their families pursue a civil case for the damages / injuries sustained as a result of this incident.

Injuries sustained at a theme park or fairground are often times serious and quite difficult for a family to deal with from the practical, medical, psychological, finanical, and, yes, legal standpoint. You can read more about Theme Park and Fairground Injuries as well as other topics in the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can request a free copy of the book by clicking here.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oklahoma and other States, there are concerns about the lack of consistent and accurate date regarding playground incidents and accidents. Children are frequently injured on playgrounds at schools, day care centers, parks, community centers, and homes. Many experts believe that it would be helpful to have some kind of reporting system or data bank set up for the reporting of playground incidents resulting in personal injuries to children. By having such data in place, it could help designers and manufacturers make the playground equipment more safe for children. The information would also be helpful to teachers, day care providers, and child care providers who provide the day to day supervision of children on playgrounds. While not all injuries can be prevented on playgrounds, many such injuries can be prevented if we know why and how children are injured on playgrounds. You can read more about this topic at Oklahoma Playground Injury Oversight Sought

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Cody Sartin, a suspect in the killing of his ex-girlfriend's 3-year-old boy, Jace Burgess, was arrested and charged with first degree murder by Tulsa County prosecutors. Jace suffered serious personal injuries and was rushed to a hospital with a massive brain injury. According to officers, the child also had several bruises covering his entire body: shoulders, thighs, forehead, chin and a broken toe. Jace died as a result of the massive brain injury. Investigators believe that Sartin was babysitting Jace when the injury occurred; however, Sartin claims the injury was an accident.

Court records reveal that Jace's mother filed a protective order against Sartin after Jace's hospitalization. Jace's mother claimed that Sartin was the only person with Jace when the injury occurred. She also claimed that Jace had previously complained of being shaken by Sartin and told his mother that he had "accidents" while in Sartin's care. She also told authorities that Jace had new bruises on his body that were not present early that evening when she gave the child a bath.

Sartin had two other protective orders filed against him by two different women. A court document revealed that Sartin's ex-fiancee and her roommate accused Sartin of threatening their lives, saying "their days were numbered." Sartin also had another protective order against him by a different woman 2003, but the order has since expired. To read more about this topic see Oklahoma man charged with first-degree murder for the death of his ex-girlfriend's 3-year-old son.

The death of this young boy is a tragedy for the family and community. Sartin is innocent until proven guilty and has a right to a criminal attorney and speedy trial. Physical abuse upon a child is a horrific offense and any perpetrator is reprehensible. Suspicions of abuse should be reported to authorities immediately so a criminal investigation can ensue.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oklahoma and other States, the summer months present real dangers to children. Leaving a child in a vehicle unattended can lead to tragic and deadly consequences. In Meeker, Oklahoma, a toddler died after being mistakenly left in a hot vehicle during the day. Even a few minutes in a hot car can lead to serious personal injuries and even wrongful death. It was reported that a 2 year old girl died in a hot car after being left in the vehicle during the day. The medical examiner later determined that the cause of death was hyperthermia. The death of this little girl is certainly a great loss for her family, neighbors, and community. See Meeker Oklahoma - 2 Year Old Dies in Hot Car. See also Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Bartlesville, Oklahoma, a 4 year old suffered serious personal injuries in the form of a skull fracture. The boy also suffered bruises on his chest, upper shoulders, back, and legs. David Wymon Laird, faces criminal charges of child abuse. At first, Laird denied that he harmed the child but he later admitted to police, according to a news story, that boy was harmed when Laird was disciplining the child. The boy was transported to Tulsa's Children's Hospital where he was treated with these serious life threatening personal injuries.

Children should never been disciplined by assaulting the child or inflicting head injuries that can and do lead to brain injuries. You can read more about this tragic story at Bartlesville, Oklahoma Man Slams Head of 4 Year Old - Skull Fracture.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oklahoma City, Oklahoma, a mother has been charged with DUI (Driving Under the Influence) and Child Endangerment regarding an automobile accident. Slettie Yvonne Heard, age 25, was transporting 6 children in her vehicle at the time of the Oklahoma automobile accident. Ms. Heard will be entitled to a criminal defense lawyer or the services of a public defender regarding these charges.

According to a news story reported by Eyewitness News 5, Ms. Heard backed into a parked truck as she was transporting children after they were picked up from a day care center. An officer arrived on the scene and smelled alcohol her breath. The officer also reported that Ms. Heard was unsteady on her feet and almost fell when directed by the officer to walk to the patrol car.
See Mom Accused of DUI with Six Children in the Vehicle.

Ms. Heard could face a long prison sentence if convicted on all of the charges. DUIs in Oklahoma and other States continue to pose a significant risk to the health, safety, and well being of not only the driver but all others in the vehicle including children and others driving, biking, or walking in the vicinity of the DUI driver.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oklahoma City, Oklahoma, a day care center that part of a national chain of cay care centers (La Petite Academy) has been cited by the Oklahoma Department of Human Services (DHS) for a lack of supervision of the children. It was reported that a number of children were victims of improper touching and other inappropriate acts with other children. The lack of supervision appears to have played a role in the number of incidents and the fact that children were not better protected from engaging in or being subject to such conduct.

Parents should have confidence in a day care center like La Petite Academy that their children are being cared for a safe and secure environment. No parent thinks or would expect a child to be subject to abuse, neglect, or improper touching in a day care center that has a duty under Oklahoma law to protect and properly supervise the children. Unfortunately, many day care centers fail to provide necessary supervision to prevent a child from being subjected to physical and / or psychological personal injuries while in a day care center.

You can read more about this story at Oklahoma City, Oklahoma Day Care Center Cited in Sex Concerns Must Offer Fix.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Edmond, Oklahoma, police reported that a home based day care center Royal Platinum Care had loaded guns on the property. Loaded guns were found in the attic, garage and a safe. There were no reports that the children had touched or otherwise accessed the guns; however, the State of Oklahoma Department of Human Services investigators believed that the guns violated Oklahoma laws as they pertained to day care centers. It should be noted that an incident or violation should not be solely judged on whether a child suffered personal injuries or wrongful death. Truly, the time to step in and make changes to a day care center is before tragedy strikes. Of course, the operator of the day care center can appeal or challenge any findings. You can read more about this story at Day Care Center Shut Down in Edmond, Oklahoma.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Wyandotte school teacher is facing criminal molestation charges. In Ottawa County (Oklahoma), District Attorney Eddie Wyant stated that the charges stem from molestation allegations against two former students of Brian Matthew Rash, now age 38. Mr. Rash was arrested in Missouri and will be extradited back to Oklahoma to face these charges. According to a news story posted at the Oklahoman Newspaper Website - www.newsok.com -, two students have come forward with allegations that Rash molested a number of times. One child reported that the incidents took place when he was between the ages of 10 and 13. The other child reported that the molestation began when he was in the 5th grade. Police investigators even obtained an Affidavit from Rash's ex wife who stated that Rash "loved" one of the students and "could not imagine life without him".

It will be interesting to see what other evidence is gathered against Rash.
Furthermore, it will be interesting to see what Rash admits to if anything. Of course, Rash will be entitled to defend himself against these charges through a private or court appointed criminal defense attorney.

It is disturbing that there continue to be reports and incidents of teachers and coaches who molest and rape students. Teachers and coaches are in a position of trust and should not misuse this trust and position to abuse children.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Troy Helms, an 11-year-old from Grove, Oklahoma was attending the Strut Your Mutt dog walk sponsored by the Humane Society of Grove and Grand Lake when he accidentally fell on the ground. A Great Dane attacked the child, biting down on his face and neck. The boy received more than 100 stitches.

Witnesses say that the dog’s owner simply loaded his dog into his vehicle and left the scene. He was later cited by police for the attack.

When owner’s take their dogs into public, they are liable for the actions of the dog. While animals are by nature unpredictable, an owner who suspects that his dog might behave aggressively in public has a legal and ethical responsibility to protect the public from the dog, whether that means leaving the animal at home or fitting it with a muzzle. They should certainly not bring the animal into a crowded event where there are children present. The story does not mention if the child’s family will file a lawsuit against the dog’s owner or the humane society, but they are certainly within their rights to do so.

Find out more about this story at Okla. Boy, 11, Mauled By Great Dane At Dog Walk.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Norman, Oklahoma, a toddler was recently attacked by a wild cat at a zoo. The 3 year old boy did suffered personal injuries in the form of wounds on his head. Fortunately, the injuries were not serious or life threatening according to the Fox News article. The wild cat, a European Lynx, weighed 45 pounds and approached the child through a chain linked fence. This incident certainly cannot be faulted to the animal who is living in a man made environment.

It was reported that the boy left the visitor path of the zoo and then went through a roped off barrier and then over a railroad tie wall that was low in height and then up to the Lynx at the chain linked fence. After the incident, a solid fence was built to keep the public away from this area. This will, in turn, prevent wandering children like this toddler from unknowingly getting into a dangerous area.

Parents should take note of this incident and do their best to keep a watchful eye on children at zoos and any other areas where animals are present.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Oklahoma Highway Patrol (OHP) has reported that a 6 year old boy (Jacob Wilson) died as a result of a strange automobile accident on State Highway 18 near Fairfax, Oklahoma. A vehicle hit a deer which literally sent the deer flying into oncoming traffic. In particular, the deer was projected into a pick up truck driven by Rachel Nicole King, a resident of Fairfax. Jacob Wilson (age 6) was a passenger in the truck and died as a result of automobile accident related injuries. Jacob died from severe head injuries.

While deers are gentle animals to most, they are large animals and when hit can cause some serious problems with traffic due to their size. Since a death resulted from this accident, the Oklahoma State Patrol and / or other agencies will conduct a thorough investigation into this automobile accident. Investigators will review the speed of the vehicles, road conditions, visibility, witness statements, condition of the vehicles, and other factors regarding this tragedy. You can read more about this accident at Oklahoma Automobile Accident Involving Deer Results in Death of 6 Year Old Boy (Jacob Wilson).

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Oklahoma Department of Human Services took action to shut down a child care center (Creations Childrens Learning Center). It was reported that the center was closed after a child was injured without the staff's knowledge due to a lack of supervision. A parent of the injured child had discovered the injury and the child was taken for medical treatment at an emergency room. Previously, a child had left the child care center and no staff members noticed immediately. The Department of Human Resources report that both incidents were due to a lack of supervision. The Department of Human Resources licenses and regulates day care centers / child care centers in Oklahoma.

It is important for day care staff members and caregivers to provide proper and consistent supervision in the day care setting. Children should not suffer personal injuries that could have been avoided with more diligent care and supervision. You can read more about this story at DHS Shuts Down Oklahoma Day Care Center.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An investigation will be conducted into the death of a 4 month old who apparently died at a Tulsa, Oklahoma day care center. Officers received a call from an in home day care center that a 4 month old had stopped breathing. There were no apparent or visible injuries on the baby. An autopsy will be conducted in an attempt to determine the cause of death. You can read more about this story at 4 Month Old Dies in Tulsa, Oklahoma Day Care Center.