Child Injury Lawyer Blog

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.

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

A Dallas, Texas teen (Alexander Olvera) died following a dive into a creek at Turner Falls Park in Oklahoma. It was reported that the area of the dive was a shallow part of the creek. The incident happened in Honey Creek. After he dove into the creek, he did not resurface. Lifeguards from an adjacent or nearby swimming area assisted the family with CPR while waiting for paramedics to show up at the scene to take over the care. Alexander was later pronounced dead at Sulphur Hospital. An autopsy will be performed to confirm the cause of death. From the facts reported, it is uncertain whether the death was related to a head injury, drowning, a combination of the two causes. There have been other drowning incidents in Oklahoma this summer and year. Unfortunately, deaths and serious personal injuries continue to take place in waterways and swimming pools in the State of Oklahoma and other areas. You can read more about the incident involving Alexander Olvera at Teen Dies Following Dive into Oklahoma Creek.

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

In Tulsa, Oklahoma, a lawsuit was recently filed against a Tulsa church operated school. The lawsuit alleges that the school and its officials were negligent in failing to supervise and prevent a teacher from sexually abusing students at the school. Aaron Thompson, a former teacher at the Grace Fellowship Church - Christian School, pled guilty in 2003 to criminal counts of lewd molestation and sexual abuse. Mr. Thompson was sentenced to a prison term of 25 years. There were nine boys that were the victims of these criminal acts who ranged in age from 7 to 14 when the boys were molested. Prior civil lawsuits involving this teacher were settled in the past. You can read more about this story at Lawsuit Filed Against Tulsa Oklahoma Church Based School.

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

In Oklahoma and other states, day care centers must comply with safety rules and regulations pertaining to playgrounds. Every day, children are injured on day care playgrounds through the country. Some personal injuries are unavoidable accidents while others result from improper supervision, negligence, bullying on the playground, and / or negligent construction, design or maintenance of the playground equipment. Section 22 (c) Outdoor safety and play equipment - Playground safety requires day care centers to follow certain regulations as to playground safety. Day care centers should keep children off of the playground area when weather conditions pose a significant health risk. Children should be well hydrated before any physical activity like playground play. The playground equipment itself should be sturdy, of safe construction, free from hazards, easy to clean, and kept in good repair. Playground equipment should be free from protrusion hazards like exposed nails, screws, and splinters. Equipment should be securely anchored to prevent tipping of equipment.

Many serious child personal injuries in Oklahoma day care centers can be avoided by implementing and following the rules and regulations by the Oklahoma Department of Human Services - Oklahoma Child Care Services.

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

In Oklahoma and other states, day care centers must comply with rules and regulations as they pertain to outdoor safety and play equipment including playgrounds. Rules and regulations are found in Section 22 of the Requirements for Oklahoma Child Care Centers by the Oklahoma Department of Human Services. Outdoor play space or playgrounds must be enclosed by a building and / or fence that is at least 4 feet high that beings at ground level. Fencing must be in a stable, upright, secure and good condition that is free from dangerous conditions. Impact absorbing surfaces must be used over any fall zones under climbers, swings, slides and the equipment. Ground surfaces composed of loose materials must be 6 inches in depth.

It is important for day care centers / child care centers to follow these regulations which help prevent injuries or reduce the severity of personal injuries to Oklahoma children.

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

Oklahoma day care center / child care center have a duty to provide adequate and proper supervision of children enrolled in the day care program. Oklahoma law provides for regulations of day care centers pursuant to
the Oklahoma Department of Human Services - Requirements for Oklahoma Child Care Centers. Section 9.1 - Supervision of Children requires that each chid is assigned a staff person who is aware and familiar with the child's needs, habits, interests, and special problems. Staff members must be present in the room or adjacent bathroom and able to see or hear the infants at all times. For school aged children, a staff member generally is required to be within sight or hearing of the children at all times. Staff ratios are set forth in the regulations and should be complied with to insure proper and adequate supervision of the children.

Unfortunately, Oklahoma children are injured on a daily basis due to improper, inadequate, and / or negligent supervision in day care centers / child care centers. It is clear that properly trained and diligent staffs can help avoid or reduce the number of child personal injuries that take place in the day care setting.

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

In Edmond, Oklahoma, the city council recently voted in an ordinance to ban toy guns that have been altered to look like real guns. Toy guns typically have an orange tip or other markings to distinguish it from a real gun. Unfortunately, many people including children have modified toy guns to make them look like real guns. This, in turn, creates a dangerous situation in that other people including law enforcement officers will have a problem distinguishing a real gun from a toy gun. Fines are now in place by the City of Edmond for having an altered toy gun and for threatening someone with a toy gun. You can read more about this story at Ban on Altered Toy Guns Goes Into Effect in Edmond Oklahoma.

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

In Oklahoma and other states, day care centers / child care centers inappropriately discipline children in a harsh, neglectful, and harmful manner. We all know that children will misbehave and fail to follow directions at time. Day care center employees should exhibit patience and control when dealing with a misbehaving child. Oklahoma day care centers and child care centers are regulated by Oklahoma Department of Human Services through Requirements for Oklahoma Child Care Centers.

Any discipline by an Oklahoma day care center caregiver or administrator must be constructive, educational, and appropriate for the child's age and the circumstances of the situation. The regulations allow staff members to teach by example, to supervise with firmness, to redirect children as needed, and use other forms of verbal instruction and encouragement of the children. Oklahoma law prohibits staff members in day care centers from spanking, striking, punching, popping, shoving, biting, yanking, or slamming the child. Punishing the child by forcing the child to eat or put something in the child's mouth like hot sauce would also be prohibited under these regulations. Using harsh or profane language is also prohibited. Humiliation is also prohibited by the regulations.

Oklahoma regulations pertaining to behavior and discipline make sense and serve to promote the health, safety, and physical and emotional welfare of the child.

If a facility has inappropriately disciplined or harmed a child in the child care center, parents should consult with an Oklahoma child injury attorney to determine the legal rights of the injured child and what steps to take to deal with the abusive or neglectful conduct of the day care center.