Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 2-year-old girl was seriously injured at her day care in Raleigh, North Carolina. Apparently the toddler was attempting to climb a bookcase, when the bookcase fell and hit her on top of the head. The incident is being investigated by the Tennessee Department of Human Services - specifically the supervision issue.

The day care facility, Bright Horizons day care, voluntarily closed after the accident and is uncertain when it will reopen. The facility cared for 75 children and had 13 staff workers.

The facility has been inspected in the past and Tennessee DHS officials were found to incomplete files and an improper ratio of caregivers to children. After the director of the center was replaced there have been no violations after subsequent visits. If you would like to read more about this story see Toddler falls off bookcase in Raleigh day care.

Hopefully this child was not injured badly and will make a full and quick recovery. Day care providers and child care workers eed to maintain constant supervision over their children, especially toddlers. Toddlers are curious and have an overwhelming tendency to wander into places that are not "child-proof". Therefore, adults, guardians, care takers, day care providers and babysitters need to always keep a watchful eye out for the health, safety and well being of children.

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 12-year-old drowned in a pond in Bethpage, Tennessee. The 12-year-old, Arthur Hawk Suddarth III, was visiting a friend, Hope Postell, when he went into the small pond to swim. It was reported that Postell said she observed Suddarth go into the pond and not come back up. Hope then went over to a neighbor's house and called 911. Authorities responded to the call of possible drowning around 7:00 PM. A Volunteer Fire Department member was able to recover Suddarth from the pond. Suddarth was later pronounced dead at Sumner Regional Medical Center.

This family and community have suffered a tragic loss. During this time of year water activities are at their peak and when around water, children are at risk of drowning. It only takes a matter of seconds for a child to drown, whether in a pool, lake, ocean, kiddie pool, or small pond. Safety precautions should be taken to either eliminate, reduce, or restrict a child's access to water. Ponds, lakes, and other natural waterways are especially dangerous since the depths are unpredictable, changes in depth vary, and visibility to the bottom even in shallow water can be difficult.

To read more about this accident see 12-year-old Tennessee Boy Drowns in Small Pond.

Also, if you would like to read more safety tips see Facts and Safety Tips Around Pools and Other Areas of Water.

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee and other States, parents send their children to day care in hopes that the children are supervised in a safe and secure educational environment. Unfortunately, unexpected accidents and dangers happen. There have been many reported cases across the United States of vehicles crashing into day care centers. Of course, no parent ever expects this to happen; however, many day care centers are located off of busy streets and highways. As such, incidents like the one recently reported in Rockwood, Tennessee do happen. Fortunately, there were no reported injuries as a result of this crash into the Michael Dunn Day Care Center. A driver of a Ford Focus lost control of the vehicle, crossed over the median, through a parking lot, and then went into a ditch and then airborne over a fence and finally crashed into the side of the day care center. You can read more about this story at Driver Crashes into Rockwood, Tennessee Day Care Center.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Memphis, Tennessee, it was reported by ABC 24 Eyewitness News that a 1 year old girl was hit by a school bus at her day care center -Premier Kids Enrichment Center which is located on North Watkins in Frayser.

The incident could have easily resulted in serious personal injuries. Fortunately, only minor injuries were reported. Certainly, it would be quite harrowing for a family member to be informed of an incident of this nature. It is also disturbing that the incident happened at all since a 1 year old should have very close supervision especially when in or near school or day care buses and vans.

Day care centers have a duty to provide a reasonably safe environment for children both inside and outside of the facility. This is especially true when transportation services are provided. If you have a child in day care, make sure you speak to the child care providers, bus drivers, and administrators about transportation safety and the policies and procedures for the facility. You can read more about this story at Memphis Tennessee Day Care Center - 1 Year Old Hit by Day Care Bus.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Douglas Cronberger of rural Norene, Tennessee thought he heard a prowler enter his home during the night. He got up to check it out, bringing his .380 caliber handgun with him. He thought the gun was unloaded. After checking the house and not finding anyone, he set the gun on the end table in the living room and forgot about it, then later went back to bed.

Sometime during the night, his three year old step-daughter, Cheyenne Alexis McKeehan, woke up and went out into the living room. She picked up the pistol and fatally shot herself in the abdomen. Police believe that the girl thought the gun was the remote for her Nintendo Wii video game, which was also kept in the living room and looks remarkably like a real gun. The girl had been playing the video game for several days before the incident occurred.

The child’s mother, Tina Ann CronBerger, was asleep in the house when the accident took place. Terry Ashe, the Wilson County Sheriff, is saddened by this tragic accident, but is working hard to get out the message that everyone needs to secure their firearms, especially those who have children of any age in the house.

Read more details of this tragic accident at 3-year-old fatally shoots herself after mixing up wii game with real pistol.

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee, children in public and private schools should be educated in a safe environment. Unfortunately, many teachers and school employees have violated the trust of their positions and have engaged in sexual misconduct with children. Whether it happens in high school, middle school or elementary school, it is still wrong and violative of State laws and school board policies and procedures. It was recently reported at the Tennessean Website that a former high school band director returned to jail for the alleged violation of a bond that required him to have no contact with his 16 year old accuser. James Tucker was arrested in December 2009 following an investigation at Summertown High School (Tennessee) for sexual misconduct with the 16 year old student. He was released on bond under the condition that he have no contact with his accuser.

Mr. Tucker has the right to criminal defense representation in the criminal case. The case will turn on the available evidence which will include testimony. While it was not reported one way or another in this particular case, many cases these days also involve electronic / internet / computer evidence in the form of e mails, voice mails and text messages. This evidence often times help prove the criminal conduct as well as the intent of the criminal defendant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

La Petite Academy in Knoxville, Tennessee, has received the highest ranking possible from the State of Tennessee Department of Human Services: three stars. Nevertheless, when a mother recently picked her child up from the daycare, the child would not stop crying. When the mother confronted the daycare director the next day, she learned some distressing news.

According to the mother’s account, her daughter is being toilet trained, and soiled her pull-ups while in daycare. To shame her, one of the daycare workers made her wear a baby diaper and suck on a pacifier while another worker videotaped the child on her cell phone. Also according o the mother, the woman who videotaped the incident has been fired, but the woman who put her child in diapers has not.

The Tennessee Department of Human Services has cited the daycare for improper discipline, and is investigating the daycare. If the daycare is found to have violated state licensing rules, it could face an array of consequences, including civil penalties. The La Petite corporate office has declined to comment on the matter.

Find out more details about the toilet training incident at this Tennessee daycare at High-rated Knox daycare center cited for "improper discipline".

If your child has been abused or neglected by your daycare provider, please contact our Jacksonville, Florida law firm for child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In December 2008, an electrical space heater caused a fire at the Heavenly Angels Daycare in Alamo, Tennessee. The fire injured three children: two two-year olds and a three-year old. The children were rescued from the fire by Alamo Assistant Chief Kevin Sugg, who was off duty at the time. All three were treated for smoke inhalation, and the three-year old also had burns on his face. The owner, Kathy T. Humphrey, was charged with child abuse and neglect of a child under the age of six.

At the time of the accident, Humphrey and two other women had already been cited by the Tennessee Department of Human Services for operating a childcare agency without a license. Humphrey pleaded guilty to the abuse and neglect charges and was placed on unsupervised probation. The standard two-year sentence was suspended.

Daycare centers should be a safe and loving place for children to go while their parents are at work. This case highlights how important it is for parents to thoroughly check into their daycare provider’s reputation, facilities, and license status. If a parent finds that a daycare center is operating without an appropriate license, they should report them to the proper authorities so that tragedies like this one can be avoided.

If you are interested in the details of the case, please visit Guilty plea in day care fire

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Philip Blake Putnam, 22, was charged with aggravated child abuse after his son was taken to the hospital with a broken arm. While the baby is still in the hospital and is showing signs of improvement, Putnam remains in jail. According the Lawrenceburg Police Chief, after arresting Putnam, he discovered that the man was wanted under several active arrest warrants for drug-related charges in another county.

It is sad to think that a father, no matter what his substance abuse problems, would lash out at an infant in this way. It is also sad to realize that if the police had been able to find Putnam and arrest him on the drug-related charges, his son might have been spared the physical abuse from his father. Parental abuse is devastating for young children, who suffer emotional, physical and psychological scars for the rest of their lives.

If Putnam is found guilty of aggravated child abuse, he could face up to 30 years in prison for the crime.

You can read more about this story at 4-month-old with broken arm improving.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nashville, Tennessee, a 17 year old girl could be tried as an adult for burning a 1 year old and a 3 year old with a hot curtain rod. While babysitting these children, the teen burned the children because they were crying. Crystal Neal and Henry House, Sr., the children's parents, left their children (Anthony and Henry House) at home with a babysitter and a friend. Apparently, there were no prior problems with the babysitter.

It is really mind boggling that a teen or any person for that matter would think that burning a child with a hot curtain iron was a good way to discipline or supervise small children. Maybe the babysitter was abused. Maybe she learned this tactic from someone else. Regardless, child should not be disciplined in this manner. This should never happen and the babysitter should be prosecuted for this crime. Yes, it is a crime even though the injuries have faded.

Parents should not have to tell babysitters, "Listen, while I am gone, do not burn or hit my child." This is just common sense; however, it appears that some babysitters do not get it and need basic instruction like, "if there are any problems call me, we do not hit or punish our children and you certainly should not while we are out."

It is a shame that small children are victimized by ignorant, immature, and untrained babysitters as well as day care workers, child care workers, and others. You can read more about this article at Nashville, Tennessee Babysitter Who Burned Children Could Be Tried as an Adult.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee and other Southern states, many parents and school districts continue to use corporal punishment (as well as the threat of corporal punishment) as a means of disciplining children and students. The Tennesean Newspaper / Website had a very interesting article on the spanking / paddling / corporal punishment debate. As noted in this article, each school district in Tennessee can make the decision on whether to use corporal punishment. Some Tennessee school districts allow corporal punishment while other school districts prohibit it. Whether corporal punishment is permitted or not, school districts and parents for that matter have a duty to refrain from abusing a child. Serious personal injuries should never result from using corporal punishment, paddling, or spanking as a means of punishment or discipline. Personally, I am against the use of corporal punishment. I believe that it is an archaic, ineffective and cruel means of punishment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee and other Southern states, many parents and school districts continue to use corporal punishment (as well as the threat of corporal punishment) as a means of disciplining children and students. The Tennesean Newspaper / Website had a very interesting article on the spanking / paddling / corporal punishment debate. As noted in this article, each school district in Tennessee can make the decision on whether to use corporal punishment. Some Tennessee school districts allow corporal punishment while other school districts prohibit it. Whether corporal punishment is permitted or not, school districts and parents for that matter have a duty to refrain from abusing a child. Serious personal injuries should never result from using corporal punishment, paddling, or spanking as a means of punishment or discipline. Personally, I am against the use of corporal punishment. I believe that it is an archaic, ineffective and cruel means of punishment.

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

In Tennessee and other states, swimming pools can pose a serious risks of serious injury and death to children who do not appreciate or understand the risks associated with swimming pools. Pools that do not have secure gates, barriers, and / or lifeguards pose a particularly high risk of danger. This is especially true when evaluating pools at apartment complexes, condominiums, resorts, hotels, motels, summer camps, and other areas.

In Knoxville, Tennessee, a three year boy was seriously injured when he fell into a pool at an apartment complex in Knoxville according to the Knoxville Police Department. Two cousins ages seven and three were playing with friends at the Zaina apartment complex on Hialeah Drive at the time of the incident.

While there was a nurse in the area who performed CPR, the child was still seriously injured and rushed to East Tennessee Children's Hospital.

Early news report did not release the name of the child or his condition upon arrival at the hospital. While the children did not reside at the apartment complex, the owners of the complex still had a duty to provide reasonable safety precautions as to the pool and other common areas as to visitors including children to the apartment complex. You can read more about this story at 3 Year Old Child Seriously Hurt After Falling into Apartment Complex Swimming Pool in Tennessee.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents in the West Carroll County School District in Tennessee got some disturbing news recently about a Melissa McCord, a 35 year old special education teacher. Apparently, Ms. McCord sent and received sexually explicit photos and notes to a 14 year old student who was dating allegedly dating McCord's daughter. In addition and even more problematic, Ms. McCord had sex with the boy. Ms. McCord admits that she went to a park with the boy but denies that she had sex with the boy. Like most cases of this nature, if Ms. McCord sent and received e mails and / or text messages with photos with the boy, this will be strong evidence should the case go to trial. Of course, all criminal defendants, including Ms. McCord, have a right to representation and trial. In addition, Ms. McCord is innocent until proven guilty under the criminal justice system; however, the allegations as reported in Tennessee do not look good for Ms. McCord. If convicted, Ms. McCord will face a prison sentence. You can read more about this story at Tennessee Student Arrested for Having Sex with Teen Student.