Child Injury Lawyer Blog

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

In South Carolina and other States, you can go to prison if you injure a child in an automobile accident. It was reported that a Spartansburg, South Carolina man was sentenced to 10 years in prison for an automobile accident that caused serious personal injuries to a 10 year old child. The man admitted in criminal proceedings that he was drunk at the time of the crash that caused critical injuries.

Donald G. Barklage, age 46, pled guilty to the criminal charges of DUI (driving under the influence) causing bodily injury. The 12 year old child suffered a permanent eye personal injury as a result of this South Carolina automobile accident. You can read more about this story at Man Sentenced to 10 Year Prison Term for Automobile Accident that Caused Child Personal Injuries.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Gaffney South Carolina police officer recently pleaded guilty to child abuse charges involving the son of his former wife. Wilbert Jamison was sentenced to 90 days in jail or a fine of $500 plus one year probation with 50 hours of required community service. Mr. Jamison opted to pay the fine rather than serve the 90 day jail sentence. It was reported by a local television station that Jamison denied hitting the boy with a belt as a alleged by the boy's mother. Jamison did admit to making the boy run laps in the backyard as punishment when the boy got in trouble at school for alleged stealing. See Former Gaffney South Carolina Police Officer Pleads Guilty in Child Abuse Case.

The case did not go to a jury and it was uncertain from news reports what evidence other than testimony supported the allegations by the victim and / or the victim's mother.

It is important for parents, no matter the age, education, or profession, to take a reasonable and rational approach to child rearing and discipline. Often times, the tempers of a parent or caregiver get out of control and violence results. Parents and caregivers should give themselves a time out before a child is injured as a result of a reckless and anger driven act.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After a ninety day investigation into abuse and neglect charges, Paul Jensen, a former Special Needs teacher, was charged with two counts of unlawful neglect towards a child or helpless person. He turned himself in to police.

According to the findings of the investigation, in October 2009, Jensen placed a plastic bag near a student’s face while working as a teacher at Edisto High School in Orangeburg County, South Carolina. He also allegedly tackled a Special Needs student a few months earlier. Jensen was placed on unpaid leave after the incident in October and is no longer employed by the school district.

The victim’s guardian says that he is upset about the alleged incident, and fears that his child will be scarred for life. He says that the incident has also affected the child’s sister. When parents send their children to school they have a right to expect that employees of the school will protect their children and give them a safe environment.

When a school fails to provide a safe environment for a vulnerable student, it can had adverse effects on the child, his family, and the community. Keep up to date on the details of this case by visiting Former Special Needs Teacher Arrested.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A child was left at a South Carolina church. After being left at church by a family member, friend or other person, church officials noticed that the child was lethargic. A person claiming to be the mother may have left the child at the church. Church officials feared that the child may have suffered a head injury or other serious personal injury. An investigation will be conducted by law enforcement and / or child welfare case workers and investigators to determine how the child suffered such injuries or had such medical problems. Parents have a duty to supervise their children and provide for their general health and welfare needs. If a third party like a neighbor, friend, relative, and / or day care center undertakes this duty for child care or baby sitting, there is a duty on behalf of these child care providers to protect and care for the child as well. Hopefully, this child gets the medical attention that the child needs and thereafter, if the child recovers to be released from the hospital, is then cared for in a loving and safe environment. See Child Airlifted After Being Left at a South Carolina Church.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A special needs teacher at a South Carolina Elementary School, Rosemary Mills, has been arrested and charged with unlawful conduct toward a child. She was reportedly witnessed by a parent of one of the other children, screaming and grabbing the child by the back of the neck and forcing the child down into a chair. She then allegedly told the boy to get up and put his book bag away, and then shoved him once he stood up. The parent reported the incident to the school, and Mills was placed on administrative leave. Nancy Britt, director of human resources for the school district, filed a police report sometime later.

Many of the parents of children presently and formerly in Ms. Mills’ class have come to her defense, extolling her virtues as a teacher, and questioning the motives of the unidentified parent who reported her alleged abuse of the child. No matter the outcome of the case, schools should be safe havens for special needs children; it is important for a child to know that school is a place for learning and nurturing rather than a place for violence, assault, battery or attack. Parents and school officials who suspect abuse have a responsibility to report it to the proper authorities so that a thorough investigation can take place.

Find out more about this story at Special-needs teacher arrested.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chesnee, South Carolina daycare operator, Gena Lynn Grigg, was arrested by officers of the Spartanburg County Sheriff’s Office after police said she abused a child in her care. She has been charged with unlawful neglect of a helpless person.

The child’s mother, who had been leaving her child in Grigg’s care for approximately one year, noticed that her two-year-old child had developed bruises while at daycare. She put a digital recorder in the child’s bag, which reportedly captured Grigg swearing at and threatening the child. Grigg was released on bail.

Video cameras can be a valuable source of evidence in cases involving day care abuse and neglect. Some facilities even have cameras in place that happen to capture instances of abuse and neglect that take place at a facility. Many day care and child care employees would be deterred from abusing children if they knew that they were being video taped.

Working parents need to be able to rely on day care operators to provide a safe haven for their children. It is unfortunate that in many instances children are physically and emotionally abused by the very people charged with the responsibility of caring for them.

Find out more about this story at Daycare Operator Charged With Neglect.

By Alice Richter, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The South Carolina Department of Social Services is the state agency that regulates and licenses day care centers in the State of South Carolina. It has been reported that Little Scholars Child Development Center based in Columbia, South Carolina has been cited with a number of day care / child care violations. This day care center was recently in the news for allowing 4 toddlers to play near a busy roadway. News 19 - South Carolina discovered that this day care center had been cited 10 times for violations since December 2009. Due to the number and severity of violations, the Department of Social Services issued a letter to the owner of the day care center instructing the owner to comply with a corrective plan of action. You can read more about this story and view the language in this letter at South Carolina Day Care Center Cited for Violations - License At Risk.

By Alice Richter, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Columbia, South Carolina, a day care operator was recently sentenced to 20 years for the death of a child under his care. Willie Ritter, age 65, who served in the Army as a Lieutenant Colonel, pleaded guilty to the crime. Mr. Ritter left a 9 month old child in a closed hot van. The child died from complications due to hyperthermia. Javon Simpson was not given the chance or opportunity to do so many things that a child or person should be able to do during a lifetime. His death was tragic and preventable.

Mr. Simpson's crime of neglect involved not only leaving the child in the van but also failing to obtain timely medical care. While Mr. Simpson admitted to the crime during the criminal proceedings, it was reported that he initially attempted to mislead investigators regarding the facts and circumstances related to the child's death.

You can read more about this article at Columbia South Carolina Day Care Operator Sentenced to 20 Years for Child's Death.

Unfortunately, there are many victims like Javon Walker who have died or who have suffered serious personal injuries due to the neglect of day care center operators and child care providers. Every day care center that transports children should have a clear, defined and written policy and procedure for supervision so that these tragic incidents never happen.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nevada law requires children under 6 years old and under 60 pounds be placed in a car seat with a 5 point harness while traveling in a motor vehicle. Parents should take great care to make sure that the car seat is appropriate for the child, safely installed, and securely applied for the safety of the child. In Reno, Nevada, a 4 year old boy suffered severe head injuries following a three car accident. The boy was partially thrown or ejected from the vehicle. The boy, who was not identified by news reports, was later treated at Renown Regional Medical Center.

Investigators will fully review the evidence from the crash scene, witness reports, and the vehicle occupied by the 4 year old to determine the cause of the crash and whether there were any defects in the vehicle or the car seat that caused or contributed to the personal injuries / head trauma of the 4 year old. You can read more about this story at 4 Year Old Suffers Serious Injuries in Nevada Car Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Spartanburg, County South Carolina special needs girl, Meah Weidner, died as a result of child abuse according to South Carolina law enforcement officials. Deputies have charged David Anthony "Tony" Tyre with homicide (child abuse). The incident and death took place on July 5, 2009. Tyre is believed to have shaken the child and dropping her on her head. Based on Meah's special needs and disabilities, she had no ability to defend herself from the violent or harmful acts of others. There was a prior incident in which Tyre is believed to be involved with child abuse resulting in a broken arm to Meah.

It is tragic that a special needs girl died a senseless death from the abuse. Tyre was reported as the boyfriend of Meah's mother. While Tyre will be entitled to a defense on this case, it will be a tough case for an attorney to defend in light of Meah's special needs, disabilities, and the circumstances involving her injuries and death. You can read more about this story at Spartanburg South Carolina Man Arrested for Death of Special Needs Girl (Meah Weidner).

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina and other states, parents, caregivers, and guardians have a duty to provide for the health, safety, and welfare of a minor child. When a child is abused or neglected, the State of South Carolina can then step in to protect the child. In Greer, South Carolina, a 14 year old girl was found living in an abandoned building with no running water or electricity. She also had not been enrolled in school for the past 2 years. There was no refrigerator where the child was living and there was no food either. The child's guardian has been charged with unlawful neglect of a child according to an arrest warrant. You can read more about this story at 14 Year Old Taken into Protective Custody of South Carolina Officials.

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

South Carolina day care / child care centers are regulated by the South Carolina Department of Social Services - Child Care Services. Pursuant to Regulation 114-502 - Procedures - Reporting of Incidents, the child care center has a duty to immediately report the following incidents to parents, guardians, or caregivers of a child enrolled in the child care center:

* accidents or injuries that required professional medical attention; and
* child and staff contraction of communicable diseases that the Department of Health, by its regulations, requires to be reported;

The child care facility must also inform the Department of Social Services in writing within 48 hours of the above events. In addition, the child care center has a duty to immediately report to the Department the following:

death of a child or staff member that occurs or takes place on premises
* a child who is missing from the child care center;
* a child who is left unattended in a vehicle operated by the child care center
* incidents in which the police or Fire Rescue were called to the child care center;
* reports of child abuse; and
* criminal convictions of the owner and / or other staff members of the child care center.

The Department of Social Services - Child Care Centers has some reporting problems for other types of incidents as well. You can read the regulation to review all of the reporting requirements for the child care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The South Carolina Department of Social Services - Child Care Services is the government agency that licenses Day Care / Child Care Centers in the State of South Carolina. Like many other States, South Carolina has licensing requirements that are based on the size, purpose, religious affiliation, and other factors. Regardless of the type of day care center / child care center, each facility and its owners have a duty to provide a safe and healthy environment for the children so as to prevent serious personal injuries while under their care and supervision. Child Care Services has a Child Care Center Locator on its web site that can assist parents and caregivers in researching and finding child care centers throughout South Carolina.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina, a dog owner is liable to a child or other injury victim of a dog bite that takes place in a public place or on the dog owner's property. Pursuant to Section 43-3-110 - Liability to Person Bitten or Otherwise Attached by Dog, Section - South Carolina Code of Laws, a dog owner is legally liable and responsible for the damages caused to the person bitten. Whether the dog bite / dog attack victim is a South Carolina child or adult, the injuries can be quite serious. Serious dog bites require surgery, antibiotic and wound care treatment, and leave permanent scarring. In some cases, infections can cause both short term and long term health complications for the dog bite victim. Some dog bite victims have required extended hospitalizations for infections that did not respond to anti-biotic treatment.

In light of the law and consequences of a dog bite, dog owners should take all necessary precautions to maintain control of his or her dog. If there is any concern about a danger to children or adults, arrangements should be made to either remove the dog from the property or in the alternative to secure the dog in a securely fenced area. Whether a dog has shown aggressive tendencies in the past or not, a dog owner is still liable for damages associated with the dog bite.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina, a dog owner has a duty and responsibility to maintain control of his or own dog. Pursuant to Section 47-3-50 - Allowing Dogs or Cats to Run at Large - Penalty - South Carolina Code of Laws, it is unlawful for illegal for a dog owner to allow his or own dog to run at large off the dog owner's property. This code provision makes the violation of this South Carolina law a misdemeanor. The code provision also requires cities and counties to adopt laws / ordinances consistent with this code provision.

This South Carolina law makes sense and, if followed, can help prevent a number of dog bite incidents and attacks from happening. Children often suffer personal injuries from a dog that is not on a leash or is otherwise allowed to roam free. It is important to maintain all dogs on leashes. This especially applies to dog breeds that often times cause serious injuries to children including but not limited to Pit Bulls, Chows, German Shepherds, and other breeds.

When a child is injured by a dog bite or attack, there are many legal issues that arise including those dealing with medical bills, medical treatment, insurance filing, wage loss, disfigurement, future care, pain, suffering, and mental anguish. Often times, it is helpful to have the advice, assistance, and representation from a South Carolina child injury lawyer on these legal matters.