Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the Blackhawk Area School District - Pennsylvania, a mother is upset over an incident that recently took place when her daughter was dropped off at the wrong bus stop without any supervision in the cold. Fortunately, the child did not suffer any serious personal injuries; however, the incident placed this child at risk where injuries or harm could have resulted. It appears that there was some kind of breakdown in communication or action on the part of the school, day care, and / or bus company that resulted in such a traumatic situation for this 7 year old girl and her family. While tragedy was avoided, this incident will be a good teaching point for the school, day care center, and bus company so that similar incidents are avoided in the future. You can read more about this story at Mother States that Daughter Was Dropped Off At Wrong Stop Without Any Supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Aaron Pace of Philadelphia, Pennsylvania was babysitting twenty month old Suliaman Orrell Kirkland recently, with other family members present in the home. Pace, who refers to himself as the child’s godfather, allegedly wet a rag with Drano and applied it to the child’s skin to punish him for being uncooperative.

Of course, Mr. Pace and / or any other potential Defendant has the right to advice and counsel from a criminal defense attorney. The district attorney and police department have a duty to investigate deaths of this nature to determine if a crime was committed, the type of crime committed, and the evidence available to prove such a crime. Some child deaths result from inattention, negligence, or just an unfortunate and unpredictable incident. Others result from intentional and reckless acts which should be prosecuted.

Pace’s family members did not witness the alleged Drano incident, but did notice sometime later that Suliaman was injured, and called the child’s mother. She in turn called an ambulance. When paramedics arrived, they found the child covered with chemical burns on his upper extremities. The child was rushed to the hospital in critical condition. He died of his injuries the next day. Pace is being held by police but has not been charged with any crime.

There are far too many stories in the news about children being “punished” by being exposed to toxic household chemicals. These chemicals are very dangerous and can seriously injure or even kill a young child. Parents and caregivers need to understand that injuring a child is not an appropriate disciplinary tool. More details about the tragic death of Suliaman Orrell Kirkland can be found by visiting Police: Babysitter killed toddler with Drano.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Pennsylvania day care owner is facing a criminal trial for the death of a child under her care. Last summer, a 2 year old died from hyperthermia when he was left unsupervised and unattended in a hot car by Rimma Shvartsman. Ms. Shvartsman, through her criminal defense attorney, will present a defense involving a mental infirmity because she had found out just hours before the alleged criminal acts that her thyroid cancer had returned.

Ms. Shvartsman, like all other criminal defenses, are entitled to a jury by her peers and are entitled to put on a defense. Ultimately, a judge and jury will hear all of the facts on the case. Ms. Shrartsman faces a prison term of up to 7 years if she is convicted.

Child care providers and day care providers, who are reckless and grossly negligent in their care of a child, should be subject to criminal prosecution. Each case should be judged on its own facts. You can read more about the incident and charges of this Pennsylvania case at Pennsylvania Tot Dies in Hot Car - Criminal Responsibility.

In Pennsylvania and other States, parents do their best to anticipate dangers to their children. As such, a parent can take precautions and safety measures like holding a child hand when crossing the street or using safety restraints and special car seats in the car. However, it is difficult for a parent to anticipate certain incidents like a ceiling collapse. In Erie Pennsylvania, it was reported at the Fox News Website that a ceiling collapsed right over a baby's crib. Fire Rescue (911) was called about the incident. The baby was only two weeks old at the time of the incident. The child was transported to the hospital for treatment and evaluation. The ceiling probably was weakened by some kind of moisture damage. Fortunately, the child did not suffer any significant persona injuries as a result of this incident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Tiffany Williams’ autistic six-year-old son, Dante, did not return home from school one Wednesday afternoon, she called up the Carter and MacRae Elementary School, where Dante attended, to find out where he was. A bus driver, who was not the driver of Dante’s bus, brought the child home unharmed. That driver told Ms. Williams that Dante had been found, sound asleep, on the bus he was taking home from school that evening. Dante’s driver apparently failed to make the required check of the bus seats at the end of the route, and did not realize that he had not brought Dante home.

The Lancaster County, Pennsylvania school district has called this an “unfortunate incident” and has fired the negligent driver. The remaining drivers were given a refresher course on company bus driving protocol, emphasizing the check of the bus seats when dropping children off at school in the morning and at the end of the route in the evening.

While this story had a happy ending, leaving a child unattended in a vehicle can be fatal. In 2008, there were 42 reported deaths of children resulting from being left in cars and other vehicles. Heat stroke can kill a child in a matter of minutes on a hot day. Hopefully the extra training for the other bus drivers in this case will prevent this type of event from occurring again. Find out more about Dante and his ordeal at Autistic boy left on school bus; driver fired.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Carbon, Pennsylvania, a car crashed into a day care center that was full of children. Fortunately, the children escaped injury. It was reported that the driver was distracted by a puppy riding in the front seat. It is most fortunate that no children suffered personal injuries; however, this incident could have easily caused serious personal injuries and even the death of children. Driver distraction whether caused by a puppy in the car or a Blackberry, mobile phone, or iPhone is a real problem in Pennsylvania and other States. Drivers should do their best to limit distractions and pay attention to traffic and road conditions. You can read more about this story at Car Crashes into Port Carbon, Pennsylvania Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Upper Darby, Pennsylvania, three middle school children recently suffered injuries as a result of a woman who served to attempt avoid crashing into a traffic jam. The students attended Beverly Hills Middle School. Action News ABC reported that Jemel Brunswick and Tyler Lowery were injured in this automobile / pedestrian incident. The third boy, named Beyene, was reported by his father (Beyene Beyene) to be in a coma at a local hospital. The driver carelessly drove across three lanes of traffic, then hit the boys, and then kept on moving until hitting the third boy 15 yards away. According to police, the driver finally slammed into a parked car and then finally came to a stop. See ABC 6 Action News - Three Children Hit by Car in Upper Darby Pennsylvania School Zone.

Of course, the driver will have the right to defend herself on any charges or citations issued. In many instances, not all of the details are readily available at the time that a news story is published, posted or reported. From the facts reported, it does appear that the driver failed to maintain control of her vehicle and failed to drive at a safe speed in a school zone.

It is important for all drivers to slow down in school zones. School zones are especially busy in the morning and afternoon hours. On some days, there are early dismissals. As such, the dismissal time may vary according to both the school, age of the children, and day of the week.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Allentown, Pennsylvania and cities across the nation, there is a common danger to children: parked cars and traffic. When cars are parked on the side of a street, it may be difficult for a children to see oncoming traffic. In addition, drivers may not see children who walk between parked cars into a street. A 10 year old boy in Allentown, Pennsylvania was recently hit by a car as he walked between two parked cars. The boy was taken to and treated at Cedar Crest Hospital. He suffered a severe personal injury to his leg. Local police will conduct an investigation as to the cause and manner of the accident.

Incidents like this are valuable teaching tools for parents, caregivers, day care providers, and teachers to use when speaking to children about traffic and pedestrian safety. The incident can also serve as a teaching tool for drivers. Be careful out on the roads. You never know when a small child or adult for that matter will be crossing the street especially when parked cars line the roadway / street. You can view a video of the news report at the FOX News Philadelphia Website.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other states, teens and others have an affinity for their i Pods, i Phones, and other devices. While these devices are fun and can be great toys and tools, they are also dangerous devices in the hands of a driver. In Drexel Hill, Pennsylvania, a 20 year old driver (Rachel Jankins) was driving a car and took her eyes off the road in search of an i Pod. As a result of this distraction and inattention, she ran over two friends who were leaving the Delaware County Memorial Hospital (DELCO Hospital). One friend (Nicole Gallo) died at the scene of the crash. The other (Christine Bochanski) was later treated at Crozer-Chester Medical Center.

This tragedy shows the dangers of i Pods, other MP 3 players, and mobile phones while driving. You can read more about this story at Distracted Driver in PA Plows into Two Friends Leaving Hospital.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children are transported every day on roads in New York, Pennsylvania, and other States. Two moms have a mission of getting the word out about C.H.A.D. (Children Have an IDentity) stickers which are "hot pink" stickers that can be placed on a baby seats, toddler seats, and even strollers for proper identification of children in case of an automobile accident or other medical problems by the driver or caregiver of the children in the vehicle. It is vital for children to be able to maintain their identity when transported to a hospital. The stickers also can contain vital information as to the child's health status, medical condition, medications, and allergy information. By providing telephone numbers on the C.H.A.D. sticker, another parent, caregiver, or contact person can be telephoned for more information and to let that person know the status and location of the child. You can read more about the C.H.A.D. stickers at Assisting Kid's Emergency Aid with Stickers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Penndel Pennsylvania day care center (Fairy Tales) was recently re-opened following the tragic death of a child who was left unattended in the owner's vehicle. The Pennsylvania Department of Public Welfare subsequently found record keeping violations and some potential safety violations. The day care center is being defended by an attorney (Mike Mustokoff) who denies that the day care center is unsafe or a danger to children.

According to news reports, the Pennsylvania Department of Public Welfare found the following violations:

*A child was left unattended and unsupervised in a vehicle;

*A written report was not sent by the center within 72 hours of the death of a child;

*Criminal background and child abuse history checks were not completed for two staff members of the day care center; and

*The child's file lacked the required parent consent form for transportation and other consent forms.

Attorney Mustokoff believes that the day care center has valid defenses to these allegations. You can read about these allegations and defenses at Fairy Tales Day Care Center Continues to Have Issues with the Department of Child Welfare - Attorney Defends Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, gun owners should take the time and effort to place handguns, shotguns, and other weapons in a secure area or lock box away from children. Many children lack the maturity and good judgment to handle a weapon without close supervision and instruction. In Cumberland County, Pennsylvania, police are investigating the shooting of a 6 year old girl by her 9 year old brother. The children were at grandma's house at the time of the shooting. The girl was transported to Penn State - Hershey Medical Center for serious personal injuries to her arm and torso from gunshot wounds.

Lt. Gib Morrisey reported that the police are investigating this incident. Lt. Morrisey pointed out that there is no law that required the grandma to lock up her gun. Whether or not there is a law in place, the grandma had a duty to provide a safe environment for her children. The grandma may have been negligent in her handling and storing of the weapon.

In many States, an family member (like a grandmother, aunt, uncle, or cousin) may be civilly liable for negligence for personal injuries or wrongful death of a child. Typically, there is no immunity for family members like grandparents for injuries sustained by the child. Homeowners insurance policies provide insurance coverage for negligent acts leading to injuries to children while at the home of a neighbor, friend, or relative. As such, the injuries sustained by the 9 year old girl in this incident may be covered by the grandmother's homeowner's insurance policy. Some insurance policies, however, do exclude injuries caused by guns.

You can read more about this story at 9 Year Old Pennsylvania Boy Shots Sister with Shotgun.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other states, working parents rely on the good judgment and supervision of day care workers / caregivers to properly supervise their children. In Pine Township, Pennsylvania, a day care worker (Kelsey Rose Lansaw) was recently arrested, according to news reports, for dealing drugs (Marijuana) in a day care center parking lot while she was supervising children at the facility. Ms. Lansaw was employed at the Forever Young Day Care Center and was watching kids in the outside play area. Unknown to Ms. Lansaw, she made a drug deal with an undercover officer. It was reported that Ms. Lansaw planned on being an elementary school teacher. This arrest may have an impact on her ability to fulfill that career goal. You can read more about this story at Pennsylvania Day Care Worker Arrested for Selling Drugs to Undercover Officer.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, underage drinking among high schoolers is a big problem. Teenagers often lack good judgment when drinking alcohol. They do not know their own limits, understand the true effects of alcohol, and do stupid things while under the influence of alcohol. At Warwick High School in Lancaster County, Pennsylvania, shot glasses were ordered as prom favors. Yes, high school students drink. This is no secret; however, giving out shot glasses as prom favors really sends the wrong message. Eventually, school officials recognized the fact that this was the wrong message but somebody should have caught the order much sooner. Lesson learned. You can read more about this story at High School Ordered Shot Glasses for Prom Favors in Lancaster County, Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An Erie Pennsylvania woman, who was guardian of a baby girl who swallowed crack, has been arrested and charged with child endangerment. Roxane Robinson had the legal responsibility for the health, safety and welfare of a 1 year old child. Unfortunately, Ms. Robinson failed in these responsibilities. Police reported that a 1 year old child was transported to Hamot Medical Center after being found to be unconscious after having seizures. Doctors later found cocaine in the child's system.

Parents, guardians, and caregivers who expose children to drugs are putting these children in real danger. Children do no understand or appreciate the toxicity of drugs or the lasting effects of drug ingestion. When a child is exposed to drugs, the child is at risks for serious personal injuries and even death. You can read more about this story at Baby Has Seizures After Swallowing Crack - Guardian Arrested in Erie, Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania, a mother has been charged with the alcohol poisoning death of a 6 month old baby. Wyoming County Pennsylvania prosecutors are accusing Jessica Minor from Montrose Pennsylvania of giving her 6 month old baby alcohol to stop him from crying. The baby had a blood alcohol level of over .20 which was over two times the legal limit for Pennsylvania adult drivers. The baby died as a result of alcohol related poisoning. Jessica Minor has denied these charges. Questions do arise from a case of this nature:

How did the child consume alcohol?

What is the mother's defense as to how the child consumed alcohol?

What precautions if any were taken to prevent the child from consuming alcohol?

Were there any witnesses to the incident or allegations?

You can read more about this story at Mother Charged with Alcohol Poisoning Death of Child.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Text messaging is in full force in Pennsylvania and throughout the United States. Unless you have been locked in your house and have not been around any teenagers or adults for that matter, you should know about text messages. It is a tool. It is a game / toy. It can also be dangerous. Like anything else in life, moderation is important unless, of course, you are attempting to break some kind of record and want notoriety. The maxim should still apply "as long as nobody gets hurt". Anyway, in Pennsylvania, two mean (Nick Andes, age 30, and Doug Klinger, age 30) spent the hours upon hours upon hours text messaging each other to try to break some kind of record. To Nick's dismay, he received a bill of $26,000 for his excessive text messaging acts. Nick did have unlimited texting under his plan so the bill is being investigated and should be resolved in Nick's favor. To me, Unlimited means Unlimited so Nick's carrier should not be charging him any more than the fixed charges.

The text messaging adventures of Nick and Doug are silly and, to some, a waste of time. Text messaging can be a helpful tool. It has also lead to serious personal injuries and wrongful death when the person text messaging is distracted. Driving, walking, biking, and other activities should take precedence over texting. People, especially children and teenagers, have literally walked into traffic and have been killed because they were busy text messaging, talking on the mobile phone, reading a text, or reading an e mail. Be safe. Be aware. As parents and caregivers, we should remind our children and others of the dangers of text messaging and distractions. You can read more about the text messaging adventures of Doug and Nick at Pennsylvania Men Attempting Text Messaging Record Get Big Bill.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Chuck E Cheese is a popular place for kid birthday parties and for pizza. The pizza is not the greatest of quality but edible nonetheless. Chuck E Cheese caters to children with arcade games, music, and an inside play area. Children and parents receive hand stamps upon entry as a measure to deter the abduction of children from the site. Some children misbehave at Chuck E Cheese. In some instances, it is the adults who misbehave. In Manheim Township / Fruitville Pike Pennsylvania, it was reported that two man got into a fight over an arcade game that resulted in medical care and hospitalization. There have been other reported incidents at Chuck E Cheese in Pennsylvania and other States.

Due to the number of guests and children at Chuck E Cheese, it is important for the staff and management to properly supervise all areas of the result to make sure that it is a safe environment for children. Guests who display aggressive behavior or who otherwise may pose a danger to others should be asked to leave the restaurant.

Parents and adults at Chuck E Cheese should remember that children are in every part of the restaurant. Make a good example for children rather than putting them in danger by fighting or showing other aggressive behavior.

You can read more about this story at Two Men Fight at Chuck E Cheese in Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Going to the movie theater during the holiday break can be deadly. James Joseph Cialella, 29, of Philadelphia, Pennsylvania became upset over noisy movie goers and decided to open fire in the movie theater. Police were called to the theater and arrested Cialella who was carrying a .380 caliber handgun in his pants.

Whether you are in the movie theater, restaurant, city streets or any other place, you never know who you will run into. People have tempers that are quite unpredictable. While events like the Cialella movie theater shooting cannot be predicted, parents with children and others should try to steer clear of stranger and temperamental folks during the holiday season and other parts of the year.

You read more about this story at Shooting at Movie Theatre in Philadelphia Pennsylvania.