January 27, 2012

What Are the Dangers, Risks and Liabilities of Trampolines?

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Texas and other States, trampolines are often seen in most communities. For the most part, trampolines are a source of fun, entertainment and exercise for adults and children alike. Unfortunately, many children are injured every year due to trampoline accidents and injuries. Some incidents are avoidable with safety precautions and adult supervision while others are not. While trampolines are quite common, they should still be considered dangerous when used in an unsafe manner and / or when the trampoline is not properly maintained or equipped. Often times, a child injury lawyer can help the injured child and the family pursue damages for medical bills, pain, and suffering when there is a trampoline personal injury.

Here are some safety tips to keep in mind:

1. Parental Supervision. Some parents prefer that a child refrain from using a trampoline. Each parent has his or her different thoughts and philosophies on parenting and safety. Because of this, it is important to get the permission of the parent before allowing a child to use a trampoline.

2. Inspection of the Trampoline. Make sure that the trampoline is properly maintained and in good repair. Also, make sure that there are not items or objects in or around the trampoline that could cause injury.

3. Safety Precautions. It is helpful to have a net around the trampoline to help prevent falls off the trampoline. The barrier comes with many trampolines or can be added to an existing trampoline.

4. Supervision. The maxim - "Kids will be kids" - applies to trampolines and other recreational activities. Children are best served with adult supervision to make sure that the children follow the rules and play safely. What may seem like an innocent or harmless wrestling match or move can lead to serious personal injuries.

5. Age and Occupancy of the Trampoline. Make sure that the number of children on the trampoline does not exceed manufacturer recommendations. Furthermore, the age and size of the children should be considered when using the trampoline. A couple of rowdy teenagers should not be on the trampoline with a four year old.

Following the above safety measures and using common sense can go a long way to preventing personal injuries from taking place when using a trampoline.

It was recently reported in Vidor, Texas, a 12 year old boy (Everett Williams) was injured when he fell off of a trampoline. He was taken by air transport (medical helicopter) for treatment and evaluation at Christus Hospital Elizabeth - Beaumont, Texas. It was reported that the boy fell off of the trampoline and that there was no protective net in place. See Vidor Texas Boy Injured in Trampoline Accident.

It can be quite a challenge for a child when there is a serious personal injury. The challenge also extends to the parents and caregivers. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance, Sports Related Injuries, Damages / Compensation, Medical Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.

January 25, 2012

Who Is Running Your Child's Day Care Center? What Are the Risks to Children?

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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Important questions that every parent of a child in a day care center should ask are as follows:

Who is running my child's day care center?

What are the risks to my child?

These are basic but important questions for a parent to ask and get the information. Most day care providers are responsible adults who truly care about the safety, education, and welfare of children. Unfortunately, there are others who see a day care center as only a business center. Worse than that, some day care operators use the venue of a day care center to abuse, neglect, and / or assault children under their care.

Certainly, a parent cannot prevent or anticipate all abuse, neglect, or assault related incidents that take place at a day care center. When such acts are discovered, it is important for a parent to take action by reporting the incident to law enforcement, social service, and to a child injury lawyer. Hopefully, these acts will prevent other incidents in the future at the day care center.

If a person has no prior criminal history of assault or abuse, there probably will not be any public records to clue a parent in as to the dangers of a particular person. Furthermore, if a day care center provider has never been caught committing bad acts, the dangerous or abusive propensities of the day care center owner or provider may be unknown or undiscovered. Nevertheless, it is important for a parent to do his or her due diligence to find out what he or she can about the people owning or operating a day care center.

Once a child is enrolled in a day care center, it is important for the parent to frequently visit and, yes, inspect the day care center. Also, a parent should speak to his or her child to find out about the activities and interaction at the day care center with other children and the child care providers. If there are any signs of suspicious activity, immediate action should be taken.

It was reported in San Antonio Texas that a day care center owner was criminal charged with sexually molesting a boy under his care. Bradley Bendele was arrested for multiple incidents of child sexual abuse at a Texas day care center owned and operated by Bendele and his wife. If the allegations are confirmed, it is most unfortunate and tragic that a boy was abused by a person who was responsible for his care, supervision and well being. Mr. Bendele will be entitled to legal representation by a Texas criminal defense attorney or the public defender's office. See Sexual Assault Reported at Texas Day Care Center.

December 8, 2011

Texas Child Hit by Driver While Walking from School Bus

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Texas and other States, drivers should exercise the utmost of caution when driving in or near an area of school bus stops. School buses are typically large, yellow vehicles that are easily seen. When a school bus stops, it should be obvious to all drivers in the area. Unfortunately, some drivers ignore the obvious presence of a school bus and put children in danger by reckless and careless driving. As a result thereof, children suffer serious personal injuries when they are hit by a vehicle in or near a school bus stop zone. See Texas Child Struck by Driver While Walking from School Bus.

A driver was recently arrested and charged with a hit and run collision after he hit a child walking home from school after getting off of a school bus. Ivy Pilgreen, a 1st grade student from Silsbee, Texas, suffered serious personal injuries and required care at the UMTB pediatric unit.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medica Bills, Damages / Compensation, and other topics. A parent or other interested person can receive a free copy of this book at The ABCs of Child Injury.

September 9, 2011

Van Alstyne Texas Day Care Center Owner Accused of Mixing Drugs with Milk for Nap Time

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Van Alstyne, Texas, a day care center owner was accused of putting drugs in the milk of the children for nap time. It was reported that Kimberly Lane - owner of the Texas Day Care Center - Luv N Learning Day Care - mixed an over the counter (OTC) medication - antihistamine - in the milk. The medications were reportedly crushed and then put in the "special milk". Fifteen children were enrolled in the Texas Day Care Center. The ages of the children in this child care center ranged from 20 months to over 4 years old. It was reported that other abuse / neglect also took place this Texas Day Care Center.

In Texas and other States, day care centers and their employees have a duty to provide each child with a safe and clean learning environment. Medications should not be given without the written consent of a parent and without a proper order from a licensed physician for prescription medications.

Drugging a child to make the child drowsy or sleepy is certainly not in the best interests of the child. It also can be dangerous as some children are allergic to many common medications. There is also a risks of overdose and health hazards when a child is given a medication without the knowledge and consent of the parent and the child's pediatrician. You can read more about this story at Texas Day Care Center Owner Accused of Drugging Children for Nap Time.

August 26, 2011

Texas Child Protective Services Tips for Parents Evaluating a Day Care Center

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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“Parents can never be too careful when it comes to leaving their child in the hands of any child care provider, whether it is a day care provider or a home care provider,” CPS spokeswoman Shari Pulliam said.

The Child Care Licensing Division of the Texas Department of Family and Protective Services, which sets and enforces minimum standards and rules to ensure the health and safety of the children, regulates both day care providers and home care providers.

Pulliam said that while unregulated child-care might be convenient and cheap, it is not the way to go. Unregulated day cares mean no inspections, no training, no enforcement of basic health and safety standards, and no records.

Furthermore, the director of Lufkin’s Comfort and Joy Preschool, Libby Wojasinski, said parents should know the difference between “listed, registered, and licensed child care providers” before choosing a day care center fit for their child.

Listed home and childcare centers for one to three unrelated children must submit an application and pass background checks. They are not inspected unless a report is filed claiming abuse or neglect.

Registered home and childcare providers for 12 children or more must meet training requirements and pass background checks. They are inspected every one to three years.

Larger licensed home and childcare centers must conduct orientation, regular training, and publish standards and inspections every five to 12 months.

The CPS website lists all Texas home and childcare provider information. Anyone can insert their zip code and research the day care center of their choice. When researching a day care center be sure to separate minor infractions from serious infractions. For instance, not having tweezers in a first aid kit might not be that much of a problem.

Wojasinski also recommends talking to other parents for information about childcare services. In addition, she says parents should walk in the actual day care centers, look around, and observe the atmosphere of the place. “Is it clean, organized, happy?” Are kids playing, interacting, and learning?

Last year, 1,800 reports of abuse or neglect were reported in the state of Texas alone. Out of these 1,800 reports, adverse action was taken in 524 cases. With so many childcare centers being reported for abuse or neglect, it is important for parents to research the childcare centers prior to sending their children there.

For more information, see CPS reminding parents to do their child care homework.

August 7, 2011

Incidents of Child Eye Injuries Increase Over the Summer Months

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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Doctors in Texas believe that incidents of child eye injuries increase during the summer months. Doctors in Permian Basin said it could be anything from the lack of adult supervision to the lack of safety eye wear that contributes to an increase of child injuries under the age of 16.

Isai Garay, 12-years-old, lost his vision in one of his eyes due to a BB Gun accident at a friend’s house. He was cleaning the gun and thought it was unloaded. Garay pulled the trigger and the be-be came out, which caused him to go legally blind in one eye. His mother, Maria Garay, said that the thought of her son not being able to see out of one eye gave her chills. Doctor Gerado Escobedo performed cataract surgery on Garay, which helped him to see again.

Garay was one of the hundreds of children that come to the clinic during the summer with eye-related injuries. Doctors said there is a five percent increase during the summer with cases involving eye injuries similar to Garay. Escobedo said that sports injuries are also reasons for eye-related injuries. He said, “Most of the time you don’t wear something until you have an eye poked out.” Fortunately, 90 percent of these eye injuries can be prevented if proper safety precautions are taken. For more information on this topic, see Child Eye Injury Increase During the Summer 7/22/11.

July 27, 2011

Shooting at Grand Prairie, Texas Roller Rink Leads to Death of Six People and Personal Injuries to Others

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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The Forum Roller World, 1900 S. Great Southwest Parkway - Grand Prairie, Texas, was the scene of what started off as a private birthday parties and ended with the shooter taken not only his life, but the lives of six others and injuring four additional guests. According to police Chief Steve Dye, an argument between a husband and wife resulted in a family member drawing a pistol. Grand Prairie police spokesman John Brimmer, stated matters escalated when the man pulled a gun and started shooting. The call for help came in at 7:10pm with officers arriving only 90 seconds later. By the time the officers entered the building the roller rink, the shooting had stopped.

Witness, Aaron Feldt of Grand Prairie, Texas was one of the onlookers from across the street and stated "I saw family coming from across the street looking panicked. They had children along with adults. You could tell there was a sense of urgency and panic in their eyes". Mr. Feldt also stated "There's just no cause for this...its real unfortunate".

Chief Dye stated his department was working to contact the victims’ families and offered this "Our thoughts and prayers go out to the victims and their family". Spokesman Brimmer stated the victims, all adults were Vietnamese. As of Saturday evening the ages and identities were withheld until the next of kin could be notified.

Brimmer stated that all witnesses were taken to police headquarter for questioning and that crisis counselors would be on hand to help those affected. “We’re going to assist the family and anybody else who attended to help them overcome this terrible situation”. Fortunately, this was a private party and no outside patrons were involved.

Pam McDonald of Grand Prairie visits the roller rink once a month and offered this “I’m shocked; really shocked that something like this would happen…it’s so close”. Bryon Raspberry, a father with children ages 4 to 15, lives near the rink which is located in a warehouse section near Interstate 30 and State Highway 360 said “This is sad man…my kids come up here a lot. We come all the time”. He also said “it does not make any sense…I don’t feel safe at all”.

Police set up a mobile command center outside the scene and as of 9:30pm the bodies of the victims remained inside while investigators worked the scene. Police Chief Dye stated it was unclear the number of people inside the roller rink at the time of the shooting, but that “We’re still working all the numbers and interviewing quite a few witnesses”.

Amusement parks, bowling alleys, roller rinks, and other locations should be sites of joy and celebration especially for families and children. Unfortunately, tragedies often times occur at these locations that result in serious personal injuries and death of innocent people including children. An amusement park, bowling alley, and roller rink are not proper venues for gun play or violence. These recreational and amusement locations should be places of safe haven for adults and children rather than sites of violence, personal injuries, and death.

See 5 Killed in Grand Prairie Roller Rink Shooting in Texas.

July 4, 2011

Police Investigate Report of Child Abuse at Mineola Day Care Center

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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Police in Mineola, Texas, are investigating a report of child abuse occurring at a local day care center, Guiding Light Childcare. According to the Mineola Police Department, the incident came to light after the mother of the child involved filed the complaint with local police. The mother's complaint was filed after a former employee at Guiding Light Childcare posted a video of the incident on a social media website. Although no charges have been filed against the employee, the case is under investigation. However, Guiding Light Daycare has confirmed that the center has since let an employee go in regards to this incident, the center is cooperating with police. For more details, please read Child abuse complaint filed against Mineola, Texas, day care center.

Acts of abuse committed against children, whether physical, emotional or psychological, is a heinous crime, which could have lifelong consequences for the child victim. Incidents of child abuse can continue for a long duration of time, mainly because the abuse is unknown to others and is kept secret. However, if you are suspicious that someone is abusing a child please contact local authorities immediately. Filing a complaint with local officials will instantly prompt a criminal investigation and have the effect of stopping further of acts of violence and/or abuse.

June 28, 2011

Pour Boiling Water on a Child . . . Go to Prison for 25 Years - Mother Sentenced in Beaumont Texas

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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Parents need a driver's license to operate a motor vehicle but there is no such license or test to be a parent. Unfortunately and tragically, some parents are unfit and actually take affirmative action to harm a child. In Beaumont, Texas, a mother was sentenced to 25 years in prison for the heinous acts of pouring hot boiling water of her 5 year old daughter's feet. The abuse caused severe burns to the child that, in turn, necessitated extended medical care and treatment for the personal injuries. The mother was arrested and eventually pled guilty to child injury charges. The child will need more skin grafts as she grows older. Hopefully, the child will be cared for in a more supportive and loving environment than the one that was provided by her mother. See Mother Behind Bars for Pouring Boiling Water Over Daughter in Beaumont, Texas.

June 21, 2011

Mother Caught on Videotape Smothering Child Shown to Fort Worth Texas Jury

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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A jury in Forth Worth, Texas found 18-year-old Shantaniqua Scott guilty of two counts of injury to a child with serious bodily injury: a sentence of 25 years behind bars. The jurors watched a graphic hospital surveillance video that allegedly showed Scott smothering her four-month hold son with a blanket and then her hand.

At trial, doctors at Cook Childrens Medical Center testified that they put the baby in a room with a hidden camera because they suspected he was a victim of child abuse. The child was brought into the hospital after he had stopped breathing. At first the doctors thought he suffered from severe reflux; a condition when acid from the stomach backs up into the esophagus. The baby underwent surgery to correct the condition. However, two days later he mysteriously stopped breathing again. Hospital staff became suspicious of child abuse, so they secured a hidden camera in the child’s room.

Scott later confessed to Fort Worth detective Dennis Hutchins. According to the confession tape, she admitted to smothering her baby. Scott said it was stressful being a teen mom and did not want to deal with it anymore.

According to teen pregnancy statistics, the United States has the highest rates of teenage pregnancy and teen births in the western industrialized world. The good news is that despite the media, teen birth rates have actually dropped by almost 33% since the beginning of the 1990s. Pregnancy prevention programs and more education about safe teen sex will help reduce the number of teen pregnancies. For more information, see video shows mom smothering baby.

June 15, 2011

2 Year Old Girl Suffers Burns in Bathtub - Parents Arrested in Starr County

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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In Star County, Texas a two-year-old girl suffered burn injuries when her parents left her unattended in a bath tub. Her mother, Carolyn Garza has been charged with injury to a child by omission. Her husband, the toddler’s stepfather, Jesus Alberto Lerma has also been charged for negligence. The toddler was taken to San Antonio Hospital and treated for burns. She has since been placed in the care of another family member. The parents claim it was an accident and blame a faulty water heater.

The Starr County sheriff’s deputies are not taking this incident lightly. The Department of Family and Protective Services have become involved in the investigation. The department’s spokesman, John Lennan said “it's very important for parents or caretakers to properly supervise their children at all times, especially in the younger ages, because those children may not have the physical ability or the mental ability or the developed skill set to be able to remove themselves from that negative situation.”

Lennan also said that child negligence or neglectful supervision is the category that CPS investigates most. According to Lennan, the definition of neglectful supervision includes: “Placing the child in a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity and that could result in substantial harm to the child."

The toddler’s mother and stepfather could face jail time if found guilty. Injury to child by omission is a first-degree felony. However, police point out that this very well could have been an accident. When caring for a child, an accident with deadly consequences could happen in a blink of an eye. For more information on this topic, see Starr County couple arrested after girl burned by hot water.

The mother and stepfather will be entitled to representation by a Texas criminal defense lawyer or the public defender's office. There may be more details to the story that were not reported. Whether a crime was deemed to be committed or not, it is clear that bathtubs and hot water pose a risk of serious personal injury to children and that adult supervision of children is key during bathing time.

June 12, 2011

Levelland (Texas) Day Care Center Under Investigation for Child Abuse Allegations

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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Parents naturally have many fears when it comes to their children. But, possibly the worst nightmare a parent can have is finding out that their child has been abused while in the care of someone else.

A day care center in South Plains, Texas is being investigated by the Levelland Police Department for complaints of alleged sexual abuse and child injury. The sexual abuse complaint states that a three-year-old child told his parents that the daycare employee was “hurting him,” and the parents later examined their son and found evidence of sexual abuse. The child injury complaint states that another employee “tied a two -year-old boy’s feet down with duct tape so the child could not take off his shoes.” Child Protective Services are involved in the investigation but no charges have been filed.

There are many signs parents should be aware of if they suspect their children has been a victim of child abuse or neglect. These signs include a change in appetite, nightmares or wetting the bed after they have been potty trained. Parents should also listen carefully to what their children say; often children who are victims of child abuse will make spontaneous comments or statements that relate to the possible abuse. In this event, a parent should take careful note of what the child says in his or her own words and then write it down as soon as possible to make an accurate report.

Texas parents and parents nationwide who report an incident of suspected child abuse do not have to prove that it occurred. A report is a request for an investigation, and child protection workers are trained to assess abusive situations, identify problems and ensure the child’s safety. For more information on this topic, see Levelland day care center under investigation for abuse.

May 28, 2011

Huntsville Texas Day Care Worker Charged with Injury to a Child Under Her Care

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A day care worker was arrested for allegedly injuring a young child in Huntsville, Texas. A 10-month-old was treated for bruises to the face, neck, and torso at Huntsville Memorial Hospital, and then transferred to Texas Children’s Hospital in Houston for observation. The baby was released to the parents the next day.

A police investigation led to the arrest of Allison Nicole Ross who was responsible for the care of the infant on Wednesday. According to the police, Ross, 29, confessed to causing the child’s injuries and was charged with injury to a child, a third-degree felony. The owner of the Huntsville day care center has been cooperative throughout the investigation.

Every day children in Texas and nationwide suffer from an epidemic of child abuse and neglect. According to the National Child Abuse Statistics, over three million reports of child abuse are reported in the United States a year. In addition, every ten seconds a report of child abuse is made, and almost five children die every day as a result of child abuse. More than three out of four of these children are under the age of four. If you know or suspect that a child has been abused, call the National Child Abuse Hotline immediately at 1-800- 4- A- Child. For more information on this topic, see Day care worker accused of injury to a child.

May 20, 2011

Camp LaJunta (Texas) Camp Counselor Takes Plea Deal in Camp Molestation Case

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Texas and other States, summer camp should be a time for fun and adventure for children. Summer camp should also be a place where a child is cared for and supervised in a safe, healthy and supportive environment. Unfortunately, many children are abused and neglected each summer at summer camps. Some are raped. Some are molested. Many others suffer serious personal injuries and death due to the negligence of the camp operators, counselors, and / or support staff. In Kerrville, Texas, a former summer camp counselor recently struck a plea deal during a trial where the counselor was being prosecuted on aggravated sexual assault of a child and indecency with a child Texas criminal charges. The charges stemmed from allegations that a boy, who is now 11 years old, was molested / fondled as he left a shower area at the summer camp. It was reported that the family was disappointed in the camp's actions or inactions in response to the counselor's alleged inappropriate conduct with the children after the children had showered. The counselor denied the allegations of molesting the boy. Of course, trials, both civil and criminal, take place every day when there is a dispute over the allegations or facts. Without an admission, photographs, video tape, and multiple eyewitness accounts, it is often difficult to prosecute cases of alleged abuse and molestation at a summer camp, day care center, or other location. In some cases, there is forensic medical evidence showing the improper and forceful conduct. It should be pointed out that each case, whether civil or criminal in nature, must be evaluated by its own facts and the application of the the State and sometimes Federal law on point. For more information regarding this Texas trial and plea deal, see Former Camp Counsel Takes Plea in Texas Molestation Case.

May 8, 2011

Three Students Injured in Accidental Gun Shooting at Betsy Ross Elementary School

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Three elementary school students were injured after a loaded pistol, which was brought to the school by a 6-year-old boy, accidentally discharged at Betsy Ross Elementary School in Central Houston, Texas. The children's injuries were said to be non-life threatening. However, each kid was taken by ambulance to a nearby hospital. According to police, it is unclear how the boy obtained the gun or who owns the firearm. The 6-year-old who brought the weapon to school sustained personal injuries to his leg by what officials think was a bullet. The other children, a male and female, both 5-years-old, appeared to have been hit by flying debris or shrapnel. None of the children were identified. The incident happened in the cafeteria, apparently the loaded pistol fell out of the boy's pocket as he went to sit down. For more read 3 kindergarten students wounded after boy brings gun to Houston elementary school.

April 19, 2011

Texas Babysitter Caught on Surveillance Video Tape Abusing Children Under Her Care

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Texas, a 65 year old babysitter (Carolyn "Carrie" Marie Easton) was arrested for allegations that she shook and slapped 5 month old triplets under her care. The interesting part of this case is that the alleged abuse was caught on tape by the parents who had installed a hidden video camera. The parents were concerned about the amount of play time that the children received under the babysitter's care and supervision. When the parents viewed the tape, the parents discovered the abuse and neglect by the babysitter. The acts were not only horrible but also criminal in nature.
It was reported that there were 37 incidents of assault and careless handling. Technology, like hidden cameras, can serve a valuable purpose for parents, child safety, and, yes, law enforcement. Unfortunately, not all parents have the resources or knowledge about video cameras to have them installed. See Texas Woman Caught On Tape Abusing Triplets She Was Babysitting.

April 10, 2011

2 Year Old Child Hit by Pick Up Truck in Laudromat Parking Lot in Mt. Pleasant, Texas

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A two-year-old girl was tragically killed Friday, April 1, after she was hit by a pickup truck in a parking lot of a Mt. Pleasant, Texas, laundry mat parking lot. Officers from the Mt. Pleasant Police Department were called to the parking lot of the Express Clean Landromat. Upon their arrival, officers found the two-year-old Hispanic girl of Mt. Pleasant with severe head trauma. The toddler was rushed to Titus Regional Medical Center by an ambulance, she was pronounced dead upon her arrival at TRMC. An autopsy was ordered by the Medical Examiner's Office. MPPD Investigators believe the toddler exited the front door of the laundromat along before she wandered into the parking lot where she was subsequently hit by a pickup truck that was in the process of backing up. The driver of the trust was identified as a 25-year-old Hispanic woman also of Mt. Pleasant. Officers found the woman at the scene of the accident, she was immediately transported to TRMC for mandatory blood testing pursuant to state law. She was interviewed by officers before she was released. Whether criminal charges will be pressed is still a pending issue. MPPD did contact Child Protective Services during their investigation. For more read 2-year-old girl fatally struck by truck in parking lot of a Mt. Pleasant, Texas, laundromat parking lot.

April 2, 2011

Court Ruling Benefits Child Rights and Those Seeking Restitution to Victims of Child Pornography

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A recent court ruling may make it easier for victims of child pornography to receive restitution from those convicted of possessing child pornographic images. The 5th U.S. Circuit Court of Appeals ruled that federal restitution law generally does not require victims to detail how an individual defendant harmed them in order to get compensation, a ruling different from previous court holdings. However, legal experts are saying that the issue will probably end up having to be answered by the U.S. Supreme Court because of the disagreement among courts. In the Texas case, a woman sought compensation from an East Texas man who was previously convicted of possession images of child pornography. If you would like to read more see Federal Appellate Court ruling may make it easier for victims of child pornography to receive restitution.

By limiting the burden of proof as to damages suffered by a victim of child pornography will put more teeth into the law and help victims pursue damages more easily for the violation of their rights.

April 1, 2011

Texas Day Care Owner (Jessica Tata) Turns Herself in at the United States Embassy in Nigeria

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

US%20State%20Flag%20Texas.jpgJessica Tata, the former owner of a residential day care center in Houston, Texas, turned herself in to officials after she fled to Nigeria for her involvement in the death of 4 children while under her care. Tata's residential day care caught fire sometime last month, killing 4 children under her care. Tata allegedly fled to Nigeria two days after the fire broke out. Charges were pressed against her the day after she fled from Texas. Tata was on the run for 20 days, during that time she was placed on the U.S. Marshal's 15 most wanted fugitive list. She traveled with Nigerian officials to Lagos, where U.S. authorities met her. It is believed that Tata's family played a role in her surrender. Tata faces four counts of manslaughter as well as multiple charges of injury to a child and 3 counts of abandoning a child. For more information on Tata's surrender read Former Houston, Texas, day care operator, Jessica Tata, surrenders after fleeing to Nigeria.

Also, if you are interested in reading more facts about the home fire that killed 4 and personally injured more children under Tata's care please read Kitchen Fire in Houston Texas Day Care Center Leads to Deaths of Three Children.

March 15, 2011

Houston Texas Day Care Fire - Operator Charged with Reckless Injury to a Child - Legal Rights and Responsibilities

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The operator of a Houston, Texas residential day care who was recently charted with reckless injury to a child has fled to Nigeria. Texas authorities have asked the U.S. Marshal's Office to intervene in an attempt to have Jessica Tata extradited back to Houston. Tata was charged after a kitchen fire broke out in her day care. Tata was not at the home when the fire occurred, leaving seven children unattended while she allegedly went grocery shopping. 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas' child care rules, Tata should not have been caring for more than 6 children older than 18-months. She was charged in connection with the death of 3-year-old Shomari Dickerson. If convicted Tata could face up to 20 years in prison, it is still unclear if she could face additional charges. For more details on the fire please read Kitchen Fire in Houston Texas Day Care Center Leads to Deaths of Three Children.

As the operator of a child care facility, Tata had the duty to supervise and care for the children in her custody. Leaving children unattended violates a caretaker's affirmative duty and responsibility to provide constant, attentive care and safety for her children.

 
 
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