Child Injury Lawyer Blog

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

In Texas and other states throughout the nation, there is a danger in virtually every home - the bathtub. Leaving a toddler / small child unattended in a bathtub can lead to tragedy. In Houston, Texas, a 8 month old boy was left unattended for a period long enough to drown. The incident took place at approximately 5:20 p.m. While attending to some other children, the baby drowned. Parents and caregivers need to devote all their time and attention to the child in the bathtub due to the real and present danger of drowning. Since a child can drown in a very short period of time, there is no acceptable periods of inattention or lack of supervision when a child is in a bathtub. Unfortunately, many parents, who are loaded with responsibilities of work, housework, and other children, do not recognize the danger of the bathtub until it is too late. You can read more about this story at Baby Reported as Drowning Death in Houston, Texas.

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

Fourteen year old Ke-Marice Hunt of Dallas Texas, had been terrorized by bullies at school for at least a month, ever since he started classes at Jackson Middle School. His grandmother, Robin Brooks, and mother, Lisa Brooks, taught the boy to run away if there was more than one kid after him; they did not want him getting into a fight.

So when five other boys wanted to start trouble with Ke-Marice recently, he did what his family taught him, and tried to run away from the other boys. Tragically, Ke-Marice was hit by a car as he was crossing a busy street to get away from the pack of bullies. Reportedly, one of the children who had been chasing him tried to help him after he was hit, but then ran off with the other boys.

Ke-Marice suffered a fractured spinal cord, concussion and a laceration on his ear that required eight stitches. The family plans to press criminal charges against the five bullies who chased Ke-Marice into the street. They believe that the bullies need to learn that their actions have consequences. Authorities are still trying to identify and locate the five boys involved in the chase. Read more details of this story of bullying turned criminal at Car hits teen trying to outrun 5 bullies in Oak Cliff.

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

Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.

Children of any age need to be supervised by an adult when riding any kind of motorized vehicle. Adults can make sure that the road is clear of debris and other hazards, and enforce proper safety habits like wearing a helmet and keeping the speed of the vehicle under control. You can find out more about this tragic ATV accident that killed two children at Two children die when toy ATV drives into creek in Wills Point.

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

When word first came out that Christopher Kayden Roedel had been struck and killed in a traffic accident, police said that no charges would be filed in the case. The child was struck by a pickup truck as he was running across a busy street after dark and was pronounced dead at the scene.

Many pedestrian accidents and injuries can be avoided by slower driving and better safety awareness by drivers. However in this case, both the accident report and the police statement would indicate that the driver was not at fault; it can be nearly impossible to see a small child dart into the road unexpectedly, especially if he was wearing dark clothing. Children do not have a developed sense of danger, and it is up to parents to keep a hold of their children when they are outside, especially when they are near a busy street. Read the details of this tragic accident that killed a five year old at UPDATE: CPS Investigating After Child Is Struck and Killed by Truck 12/14/09.

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

Michael Schneider, a man from South Plains, Texas, will be serving a long prison sentence for child abuse crimes. Mr. Schneider committed horrible crimes against a defenseless child. In particular, he beat a 2 1/2 year old toddler and caused serious personal injuries to the child in the form of traumatic brain injury, fractured arms and nine fractured rib. Mr. Schneider even burned this child with cigarettes. Child abusers like Michael Schneider should serve long prison sentences for their crimes. It is shame that this child has to live a lifetime of injuries and disabilities. Some child advocates could easily argue that Mr. Schneider should have a life sentence since the child will live a lifetime with these injuries. You can read more about this story at South Plains, Texas Child Abuser Gets Prison Sentence.

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

In Texas and Other States, home based day care centers are subject to various rules and regulations. Many such rules and regulations pertain to limits to the number of children who can be cared for at any one time at the home based day care center. Rules and regulations are often times more involved for a commercial day care center in comparison to a home based day care center. Many day care operators fail to accurately report the number of children cared for in the home based day care center in order to avoid compliance with additional or more involved regulations. In Denton, Texas, a home based day care center owner was recently indicted for providing false information to police regarding the number of children cared for in the Texas day care center. You can read more about this story at Denton, Texas - Day Care Center Indicted for Giving Police False Information.

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

During the holiday season, parents, grandparents, other relatives, and friends purchase gifts for children. The toy aisles at Wal-Mart, Target, and Toys R Us are filled with busy shoppers intent on buying that perfect toy for a child. Unfortunately, many toys are dangerous to children. Consumer groups and organizations like WATCH - World Against Toys Causing Harm - make it part of their mission to report on dangerous toys causing injuries or presenting a danger to children. An article posted by CBS 7 - Your Eye on West Texas reports the 10 worst toys according to WATCH. For those buying gifts / toys this holiday season, do your best to buy safe toys that are appropriate for both the age and size of the child.

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

Co-sleeping with a child can lead to serious personal injuries and death.

What is Co-Sleeping?
Co-sleeping is also referred to as the family bed. It is the practice involving babies and young children sleeping with one or two parents. The incidents or percentage of sleeping beds varies from city to city and from country to country.

What are the dangers of co-sleeping or the family bed?
It can be dangerous for an infant or small child to co-sleep with an adult. At times, the infant or small child is suffocated unknowingly by a sleeping adult. In addition, many children fall out of a bed that does not have railings or other protective devices. In Texas, it is estimated that 160 infants die annually as a result of co-sleeping in a family bed.

What can be done to improve safety for children?
Many child safety advocates recommend that infants and babies sleep in a crib or sleeping unit that is specifically designed for infants and babies. Furthermore, education to parents may help increase safety awareness and the dangers co-sleeping or the family bed.

You can read more statistics and information regarding this topic at Co-Sleeping with a Baby Can Be Dangerous.

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

In Fabens, Texas, a 2 year old child suffered serious burn injuries in the kitchen of his home. According to a story posted at the KDBC CBS 4 News website, the mother had placed a water on the stove for heating. Thereafter, the mother put the pot on the table as she was getting ready for work. Just a few moments of inattention resulted in injuries of a 2 year old who knocked the pot of water over. Deputies later arrived on the scene to find this child with serious burn injuries from the hot water.

Parents, especially working and single parents, have a lot of responsibility. Distractions happen every day. Nevertheless, it is vital for parents to be super diligent when there are any risks or dangers to children. Many people do not believe the a child can be harmed in the safety of the child's own home. This is far from the truth. There are a host of dangers present in homes including but not limited to dangers leading to burn injuries, fractures, electrocution, poisoning, choking, and strangulation. Parents should do their best to safeguard their homes. This includes keeping hot / boiling water away from the reach of children. You can read more about this story at Texas 2 Year Old Suffers Serious Injuries from Hot Pot of Water in Home.

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

An Arlington, Texas mother has been criminally charged for the death of her 1 year old son. Darrell "Tre" Singleton, III, had a body temperature of 107 degrees when he was evaluated and pronounced dead at Arlington Memorial Hospital. Police investigators and local authorities believe that the death was a direct result of the mother leaving Darrell "Tre" in a vehicle for 8 hours while the mother worked at a local hospital. The mother (Keashia Dyon Matthews) turned herself into local authorities for the charges and later was released on bond. Ms. Matthews had a history of parenting issues with her children.

Poor judgment on the part of parents and child caregivers often times leads to serious personal injuries and death. Children especially infants and toddlers should not be left unattended in vehicles. The extreme heat or cold can lead to devastating injuries and some times death. Even if the temperature is moderate, there are other risks involved in leaving a child in a vehicle unattended or in any other area unattended.

You can read more about this story at Mother Charged with Death of Son Left in Vehicle for 8 Hours - Texas.

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

In Grand Prairie, Texas, there was a serious van accident that involved personal injuries to 13 children on the van. Further investigation of this incident revealed that the day care center driver did not even have a valid driver's license. Day care operators in Texas and other States have a duty to complete background screenings which includes a check of an employee's driver's license for those employees who will be transporting children. You can read more about this story Day Care Center Driver Did Not Have Valid Driver's License - Grand Prairie, Texas.

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

Offender Locator is an i Phone application that allows concerned parents and others get information about the residence of sex offenders. i Phones have GPS functions that can allow an i Phone user to search databases and information by an address or by current location. The Offender Locator is a simple but effective program in providing this valuable information to parents, caregivers and others. While no system or database is perfect or free from flaws, the information can assist parents in making safety precautions and plans when there are nearby sexual predators or offenders. Parents may want to use a program like this to search for sexual offenders / predators in the child's neighborhood, near the school, near friend's homes, near playing fields, and other areas. Supervision is important regardless of the presence or absence of sexual offenders and predators; however, information and knowledge can serve important functions for parents with the goal and mission of protecting their children. You can read more about the Offender Locator program, its use by a Houston, Texas mother, and other technology developments at iPhone Applications (Apps) Help Track Sexual Offenders / Child Predators.

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

In Grand Prairie, Texas, twenty three children were injured in recent day care van accident. A story posted at The Dallas Morning News reported that the automobile / van accident took place near the Grand Prairie Municipal Airport. The driver and all of the child passengers were transported to local hospitals for treatment. There were no serious personal injuries reported; however, it will take some time and further evaluation to really determine the severity of the injuries to these children. Witnesses stated that that the van entered the intersection during a red light, collided with a SUV, and then rolled over.

Day care van drivers have a duty to exercise due caution when transporting children. Obviously, all traffic signals including red lights and stop signs should be followed. Furthermore, close attention should be used as to traffic and all other road conditions. It is also vital that day care center drivers avoid driver distraction like mobile phone use, texting, e mailing, eating, and reading. Safer driving and the avoidance of driver distraction can help reduce the number of automobile accidents involving children being transported by schools and day care centers in Texas and other States.

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

The State of Texas has launched a review of the investigations and practices of Texas Child Protective Services. The Texas CPS is the state agency charged with investigated incidents and reports of child report. CPS also has the responsibility of protecting children and removing them if it appears that the child is at risk for further abuse and / or personal injuries. Child safety advocates argue that the CPS system failed many children. The Texas state review team is investigating to determine if break downs in the system caused or contributed to the deaths of children who could have been better helped or protected with intervention by the Texas CPS system. You can read more about these issues at Texas State Review Team to Review Texas CPS.

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

In Houston, Texas, a Texas Childcare Licensing inspector discovered a very dangerous day care center operating illegally without a license. The surprise inspection revealed that 6 children were locked in an outdoor shed with no air conditioning. This same shed also had a weed killer container in it that could have been lethal to the children. Investigators found other children hidden in the home and next door at a neighbor's home. Unlicensed day care centers are especially dangerous because operators tend to bend rules or fail to have any at all for the protection of the children. Operators like these concentrate on the money rather than the welfare of the children. Marianna and Freddie Patek were arrested by law enforcement officials and face criminal charges including child endangerment and tampering with evidence. You can read more about this story at Unlicensed Day Care Center Operators Arrested for Child Endangerment in Houston, Texas.

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

A combination of children / teens and firearms can often times lead to tragic consequences. In Galveston, Texas, a 16 year old Texas girl not only has to face the trauma of losing a sister from a firearms accident but also may face criminal charges for the shooting. Tragically, a 12 year old girl died as a result of the 16 year old playing with the gun. There are also questions as to how the teenager accessed the gun and what precautions, if any, the gun owner had in place to prevent access by children. A full investigation will be conducted into this incident. You can read more about this story at 16 Year Old Accidentally Shoots Sister in Texas.

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.