Child Injury Lawyer Blog

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.

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

Oklahoma day care centers / child care centers are regulated by the Oklahoma Department of Human Services. The Oklahoma Child Care Licensing Act was enacted to set forth minimum standards for care and protection of children placed or enrolled in day care centers in Oklahoma. Facilities have a duty to follow the regulations and put the health, safety, welfare and education of each child as priorities for the operation of the child care center / day care center. You can access the regulations for Oklahoma day care centers at Requirements for Oklahoma Child Care Centers. Facilities have certain minimum standards to meet as to the following: licensing, staff, training, indoor equipment, outdoor equipment / playgrounds, water activities, rest, toileting, discipline, nutrition, and many other areas. Child care centers / day care centers who ignore or violate these regulations put children at greater risk for danger, child personal injuries, and, in some cases, wrongful death. If a facility has violated a policy / regulation or has otherwise been negligent in the care of a child, a parent or caregiver should seek the advice and counsel of an Oklahoma child injury attorney for guidance issues including medical bills, records, insurance, and compensation.

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

In Oklahoma, day care centers / child care centers are regulated and licensed by the Oklahoma Department of Human Services. When selecting a day care center, Oklahoma parents have many choices and options. When researching a facility, it is important to gather as much information as a parent can to make sure that a child is placed into a facility that meets the child's needs. The Oklahoma Department of Human Services has a helpful website that allows a parent, caregiver, guardian and any other person to get valuable and important information on a day care center / child care center in Oklahoma. Go to Oklahoma Child Care Locator to research a particular day care center or various day care centers in your area. If a child is injured due to negligence, abuse, or neglect in a day care center, an Oklahoma child injury attorney / lawyer can help guide a parent through the laws and regulations and provide legal advice as to the respective rights of the injured child and his or her parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.

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

The Associated Press has reported that a lawsuit has been filed by the parents of Heather Harkness for her wrongful death. The surgeon, anesthesiologist, and hospital were named as defendants in the lawsuit. Heather Harkness, age 16, died as a result of alleged medical malpractice during a surgery for appendicitis. Autopsy results indicate that the carotid artery was cut during the surgery.

The parents, David and Susan Harkness, alleged that Dr. Walter Bell was negligent during the surgery. Furthermore, the parents allege that Walter Bell was negligent in the past with other patients and that Integris Baptist Medical Center was negligent in allowing Dr. Bell to continue to operate and practice at the hospital despite these prior incidents and deaths.

You can read about this story at Parents File Medical Malpractice Lawsuit in Oklahoma for Wrongful Death of Teenage Daughter.

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

The Federal Railroad Administration (FRA) was created by federal law (49 United States Code 103, Section 3) in 1966. The purposes of the Federal Railroad Administration include the enforcement of safety rail regulations and the development of policies to improve national rail safety. Children are often times the unfortunate victims of railroad accidents and incidents through the United States. A child who is seriously injured or dies in a railroad accident often time does not have a strong voice to lay out the facts or evidence as to the cause or reason for the accident / incident. Child injury lawyers who handle railroad cases have the knowledge and experience to collect the evidence from the Federal Railroad Administration and other sources to determine the "real" reason for a railroad tragedy or accident. Like any other business, railroad companies do not always step right up and admit a malfunction, negligent maintenance, or employee error when a child or adult for that matter is seriously injured as a result of a railroad accident. The Federal Railroad Administration (FRA) is an important government entity that helps collect evidence and data when there is a railroad accident / incident. Furthermore, the reporting requirements and other rules set forth by the Federal Railroad Administration (FRA) help to keep railroads in line to help limit or deter future tragedies from occurring. You can read more about the Federal Railroad Administration (FRA) at the Official Web Site for the Federal Railroad Administration.

States throughout the nation including Oklahoma, California, Texas, and Illinois are often the sites of serious personal injuries and wrongful death to children who were crossing railroad tracks or using areas near railroad tracks like bridges. Parents of child victims of railroad accidents frequently have more questions than answers when there is a tragedy. The Federal Railroad Administration can provide some of the answers. In addition, a Railroad personal injury litigation lawyer can also help provide some answers through further investigation of the incident.

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

The State of Oklahoma recorded 832 train related personal injuries during the years from 2000 to 20007. Tulsa County, Oklahoma led all Oklahoma counties with 14 personal injuries per year. Most injuries (including those to children) are minor which include bruises and sprains. However, some injuries were devastating and even resulted in deaths of adults and children. Some injuries involved crushing type of injuries and there were 17 reported amputation type of injuries. Almost 150 railroad related deaths occurred in Oklahoma alone during this time period.

Over 60 percent of Oklahoma's train-vehicle accidents took place at crossings where there no gates or flashing lights. Safety experts argue that fatalities and injuries can be significantly reduced with better markings, lighting and technology. Of course, the railroad industry argues that the cause of many injuries and death were attributed to negligence and carelessness of the automobile drivers. You can read more about Railroad / Train Related Deaths and Injuries at Tulsa County Oklahoma - Leader in Train Derailments in Injuries.

Federal, state and local Oklahoma officials typically investigate most incidents of serious injury and death. In many cases it is helpful to have the advice and guidance of an experienced Oklahoma personal injury attorney who work with private investigators, engineers, and safety experts. A train / railroad related serious injury or death can be quite devastating to the victims and their families. It is unfortunate when these type of injuries and deaths take place when safety measures, due care, and attention could have avoided the incident.