Child Injury Lawyer Blog

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver's mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following:

In Amarillo, Texas, Stephanie Phelps, who was driving her 4 month old daughter, ran a red light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention.

In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two teenagers died as a result of this accident.

In Florida, Stephanie Phillips and Heather Hurd were killed when a trucker was reportedly distracted while text messaging on his mobile phone while driving on U.S. 27.

In Glendale, Arizona, Ashley Miller and Stacey Stubbs died in an automobile accident after Miller reportedly drove across the center line while she was text messaging.

You can read about other incidents of driver distraction and cell phone use / text messaging at Text Messaging and Cell Phone Use While Driving Is Dangerous.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Liberty County, Texas, a seven year boy (Donald Coffey, Jr) was shot when a property owner believed that he was a trespasser. Tragically, Donald died from the gun shot wounds. Donald was shot in the head after he and three other people took a break from off roading in an area about 40 miles outside of Houston, Texas.

The property owner (Sheila Muhs and her husband, Gayle Muhs) were charged with counts of aggravated assault for the shootings. It is uncertain from news report what these landowners found about small children off roading with their father. Shooting a small child in the head just because he was trespassing or appeared to be trespassing just does not make sense in in this case appears to be criminal. Yes, property owners should be able to protect their property with reasonable force; however, it does not appear that a 7 year old taking a break to go the bathroom presented much of a threat to be dealt with by a shot gun blast to the child's head. You can read more about this story at Texas 7 Year Old Dies from Gunshot Wounds.

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 Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Barry Dean Griffin, age 39 - the former golf coach of Lon Morris College in Texas pled guilty to charges of possession of materials involving sexual exploitation of a minor. The Texas criminal investigation revealed over 600 photographs of children engaged in sexually explicit conduct. The investigation was brought as part of Project Safe Childhood, a program initiative by the Department of Justice. The mission of the program is to prosecute people who exploit children through the use of Internet and also to identify and rescue child victims of exploitation. Mr. Griffin faces up to 10 years in prison for his crimes. You can read more about this story at Former Golf Coach in Texas Pleads Guilty to Child Pornography Charges.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Dallas, Texas, 14 people ranging from newborns to adults were admitted to a local hospital for carbon monoxide poisoning. It is believed that a faulty space heater was the cause of the carbon monoxide poisoning. All injury victims from the Dallas, Texas home appeared to be conscious when exiting the home.

A faulty space heater is believed to be responsible for causing the leak. CBS 11 News crews reported smelling a thick odor in the air, but carbon monoxide is an odorless gas. It is possible that several things contributed to the leak.

Dallas Fire Rescue officials estimate that approximatley 150 people died in Texas between the years of 1994 and 2004. It is estimated that 500 people die annually from carbon monoxide poisoning.

Safety advocates recommend that people install carbon monoxide detectors in their homes. The devices cost approximately $20 and can help detect the presence of excessive amounts of carbon monoxide which is odorless. You can read more about this article at Dallas Texas Carbon Monoxide Leak Leads to 14 People Going to the Hospital.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sophia Worsham of Denton Texas died at a home based day care center in Denton recently. The Texas day care center / child care center (Too Kool 4 School Kids Club Day Care) had a license for a capacity of 12. According to news reports, there were 30 children in the facility at the time of Sophia's death. The Tarrant County Medical Examiner will conduct an autopsy to determine the cause and manner of death.

A child care worker noticed Sophia on the ground and was limp and not breathing. There are more questions than answers at this time regarding the untimely death of this 4 month old child. The investigators, medical examiner and the state child welfare agency will likely consider the following:

Did the child have any special medical needs?

Did the child have any special dietary needs?

Was there any objects blocking the child's airway?

Did the child have any known allergies?

Was there any trauma to the child externally or internally as detected on autopsy?

What was the approximate time of death?

Were there any actions or interventions by the day care center staff that could have prevented the injuries? medical condition? death?

The purpose of license restrictions as to capacity / number of children in the facility is to promote safety the children. Adequate staff to children ratios are important for adequate, appropriate, and consistent supervision of the children. This especially applies to infants and toddlers being cared for in a Texas day care center / child care center.

You can read more about this tragic story at Infant Dies in Overcrowded Denton, Texas Day Care Center.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day Care Centers and Residential Day Care Centers in the State of Texas are regulated by the >Texas Administrative Code.

The standards set forth by these laws establish minimum requirements for day care centers / child care centers including those involving staff to child ratios, physical environment, and discipline. It is not just a good thing for day care centers to follow these regulations - it is the law. If there is a problem with a Texas day care center that results in personal injury or death to a child, a child personal injury attorney can assist the family to retrieve records from the day care center, review the Texas Administrative Code and other applicable laws and regulations, and otherwise conduct an investigation as to the actions and inactions of the day care staff and management that cause or contributed to the child personal injury.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Edel Sum, the owner / operator of a Round Rock, Texas day care center in her home, was arrested for child endangerment. Apparently, Ms. Sum left her home and 4 children under the age of 2. The children were left in the home alone with absolutely no parental supervision While she was out, she was involved in an automobile accident. She then informed the police officer that she needed to go home in order to take care of the children. A neighbor was able to get into the home to find the children in their play pens.

The children were not harmed by the negligence and lack of common sense of Ms. Sum but they certainly could have been seriously harmed and could have even died from a multitude of causes without any adult supervision. There are many fine day care centers in Texas and across the nation. Then again, there are other day care centers that leave children unattended or fail to otherwise supervise the children to prevent serious personal injuries.

You can read more about this story at Texas Day Care Owner Arrested After Leaving Child Alone in her Home.

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 Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parades are places for celebration. Parades are also places of tragedy far too often for young children who are in the parade or merely watching the parade. In a Beaumont Texas Christmas Parade, Aaliyah Carter (age 11) was killed after falling and being run over by a parade float. Aalliyah attended Homer Elementary School in Beaumont, Texas. According to parade witnesses, Aaliyah was running alongside the truck when she tripped over another girl. The driver, who apparently was not aware that the girl was in the road, ran over the girl who was crushed by the parade float wheels. Aaliyah was taken to Christus St. Elizsabeth Hospital where she was pronounced dead on arrival from castastrophic head wounds. You can read more about the parade accident involving Aaliyah Carter at 11 Year Old Dies in Beaumont Texas Christmas Parade.

Parade related injuries and death happen each year. People including participants in the parade are caught up in the celebration which almost always include children. From Texas to Florida and the rest of the nation, parade injuries and deaths to children are most troubling. See Parades: Injuries and Deaths to Children in Florida.

Safety, planning, and supervision of children are all key components to keeping children safe during any parade. It is most unfortunate for Aaliyah Carter and her family that a day of celebration and happiness so quickly turned into a day of tragedy and morning.