Child Injury Lawyer Blog

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

Child safety advocates are urging for lower teacher-child ratios in the classroom. Under the current state standard, Texas permits 2 caregivers to watch 22, 2-year-olds or 30, 3-year-olds. However, the child advocates are urging for two caregivers to watch 18, 2-year-olds, or 28, 3-year-olds.

Melanie Rubin, with the Texas Association for Mental Health, says the lower ratios are for the child's protection. However, the state Department of Family and Protective Services are hearing the critics of the proposed change. Some say it could force the price of day care to increase and others fear that families will abandon licensed day care in favor of a baby sitter or leaving their child with an older sibling.

Having a low teacher-student ratio does have some serious consequences. For example, Shavon Ransom, a preschool teacher at the Bock Child Development Center in Oak Cliff, said she has had to work in conditions where she was the sole supervisor for 17 children - a very chaotic and challenging learning environment. Ransom claimed that in these unfortunate scenarios, in order to calm the children down she would resort to sitting them in front of the television or in the arcade. A method she does not support. If you would like to read more on this story please see Texas child safety advocates urge for higher teacher-student ratios.

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

City officials stated the director of a Weslaco, Texas day care center was arraigned recently on a charge of injury to a child in connection to an alleged attack upon a 4-year-old boy. Yolanda Rodriguez, 55, the administrator of Happy Days Learning, allegedly assaulted the child for misbehaving. According to police, the boy had bruises on his arms, back and back of his neck.

Rodriguez was formally charged with a third-degree felony. Her bond was set at $10,000. If convicted, Rodriguez could face up to 10 years in prison and a find up to $10,000. Rodriguez is entitled to a criminal defense attorney and a trial. If you would like to read more about this story see director of day care facility in Texas formally child with causing child injury.

Although children need to have forms of discipline in their lives, there is a line between discipline and abuse. Hitting, grabbing, throwing or otherwise handling a child to the point of bruising should never be condoned. Children have fragile bodies as well as emotions and physical actions against children similar to this one can result in a lifetime of negative consequences to the child victim.

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

Eli Rodriguez, 32, was dropping off a family member at Doodle Bug Square Day Care, when he lost control of his Buick Century and his the day care building. Five children were taken by an ambulance to a nearby hospital, all with minor injuries.

Diana McPherson, the day care's owner, stated the obvious when she said the situation could have been much worse. The day care and its children and workers are all very fortunate to not have sustained serious or even fatal injuries.

Although the child may be all right; a little bit of fear stills remains in the back of their minds. Caitlin Covington, an 8-year-old who attends the day care said she just does not want to go back, "just in case." McPherson is already taking steps to make her facility more safe. McPherson recently bought concrete barriers to surround the facility.

The accident and its cause is still under investigation. However, investigators are under the belief that the driver's accelerator may have gotten stuck. You can read more about this accident here at Man runs into day car, five child suffer minor injures.

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

Alex McGowen Duncan, 34, was charged with murder after his son, 6-year-old Tekerrious "TK" Jackson died after suffering from severe bodily injury. Investigators say Duncan repeatedly beat his son in the chest because he would not go to sleep.

Duncan's girlfriend, Tammyra Sampson, was also charged with injury to a child by omission. Investigators say Sampson watched the abuse and only intervened to show Duncan how to properly whip the child with a belt. This is not Sampson's first encounter with Child Protective Services. In 2003, a Texas CPS conducted an investigation after reports of drug use and alleged abuse against one of her children.

Apparently, one of Sampson's children, her 11-year-old daughter, witnessed the beating of Jackson. During an interview with Houston homicide investigators the 11-year-old re-enacted some of what she saw happen to TK over the course of 8 hours.

Duncan was recently reunited with his son after being an absent parent for the past 3 years, according to TK's mother, Lucy Adams. Duncan and his girlfriend are being held on $50,000 bail, both are entitled to an attorney and speedy trial. Sampson's two children were taken into the custody of CPS. If you would like to read more details on this story see Houston father charged with murder after 8-hour beating of his son.

If you suspect a child is being abused, please report the incident to local authorities so a criminal investigation can be initiated.

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

Sheri Lyn Davis, a former Houston Charter School teacher, was formally charged with causing injury to a child for the April beating of a student in Davis' classroom, while a fellow faculty member watched. Two of the school's administrators, Principal David Jones and Superintendent Ollie Hilliard, and the other teacher, Gabriel Moseley, were indicted for neglecting to report abuse. The incident was captured on a student's cell phone. The recording led to the firing of both teachers, Davis and Moseley. According to authorities, Davis, 40, repeatedly pummeled and kicked the victim, Isaiah Reagins, a 13-year-old child, after Reagins allegedly laughed at a mentally challenged student. The video recording shows Davis continuously slapping and kicking Reagins. If convicted, Jones, Hilliard, and Moseley could face up to one year in jail; Davis could get anywhere from 2-10 years in prison.

As to the indictments against the Jones, Hilliard, and Moseley, Christina Garza, a Harris County Sheriff's spokesperson, said the message the department is trying to do send is to report any incidents of violence - especially one involving a student being kicked and slapped. The failure to do so is a crime. To read more on this story and to see actual footage of the recording see Houston Charter School teacher beats student, caught on tape.

School officials have a responsibility to protect the children attending their schools. Physical abuse upon a child should never be condoned or not taken seriously. If you have suspicions child abuse you should immediately report them to authorities so a criminal investigation can be pursued.

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

A Texas state inspection revealed that in April 2008, staff workers at Daystar, a center for distressed children 30 miles south of Houston, provoked seven developmentally disabled girls into a fight. The staged fight resulted in biting and bruising as the staff members laughed and cheered on the spectacle. If the fight is not disturbing enough, no criminal indictments were sought against the perpetrators nor did Texas lawmakers press a state agency for answers about how this despicable act could have occurred. Instead, two staffers were quietly fired and their names have been kept secret by the Texas Department of Family and Protective Services (DFPS).

Residential treatment centers, like Daystar, are designed to provide treatment for the most troubled or disabled children taken into foster care. Children in these facilities suffer from serious emotional and/or health issues. Residential treatment centers have received more than $300 million to care for these children.

Day care centers and residential treatment centers exist in order to provide care and safety to children. It is a tragedy when abuse or neglect takes place in these facilities. Taking advantage of abused or disabled children is morally repugnant and offenders should face serious consequences. Children who are abused and neglected are likely to suffer from a lifetime emotional and physical trauma.

To read more about this incident and other incidents of day care abuse see Disabled Teens Forced into a Fight at Treatment Center.

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

Fun in the sun might not always be the accurate description for summer. Take for instance the recent tragic drowning of a man while vacationing with his family in Galveston, Texas over Memorial Day Weekend. After their boat capsized during a fishing trip, three members of the family, all of whom were wearing life jackets, survived but the father, who was not wearing a life jacket, was found floating nearby and eventually pronounced dead at the hospital.

Precautions you can take in order to stay safe while on the water:

Stay hydrated. Alcohol consumption in the sun causes serious dehydration. Everyone, especially those consuming alcohol, needs to drink water or non-alchoholic fluids in order to avoid heat exhaustion or, more importantly, a heat stroke.

If you feel tired, REST. Children ranging from kids to young adults like to keep up with their friends. However, if you feel exhausted or observe a tired adult or child, it is imperative breaks are taken to avoid trouble in the water including incidents of drowning; the water has a heightened potential to overpower you.

Shield yourself from the sun. The sun has the capacity to make you tire faster. Cover yourself up with clothing and seek shade for a brief period of time every hour you’re out in enjoying the sun.

Be overly cautious in a surf environment. Avoid going into water with rip currents. This advice may apply even if another swimmer is in trouble or danger. In some situations, the would be rescuer becomes the victim of a drowning. Also, it is advisable to avoid swimming near piers and jetties.

Pay attention to the warning signs surround you. Is there a lifeguard on duty? What does the lifeguard’s colored flag indicate? What is the weather like?

When supervising children at a beach, water way, lake, pond, swimming pool, or other swimming area, you can never be too careful. Pay close attention to children at at all times. It is well known that children often times have poor safety awareness and judgment. This is especially true in areas of water / swimming and boating activities.

Click here for more information on how to stay safe in the sun.

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

In Lufkin, Texas, a teacher's aide was arrested based on criminal allegations that she struck / hit a 4 year old boy. The incident took place at the Slack Elementary School. It was reported that another teacher's aide witness the acts of Debra Martin Fuqua (age 54). There were subsequent investigations of the incident by the school district as well as Child Protective Services. This was an interesting story in that the alleged criminal acts were witnessed by another school employee. Often times, a child has no such adult witness to step up and serve as a witness on the case. See Lufkin Texas Teacher's Aide Arrested.

The mistreatment of children in day care centers, schools, and homes is wholly unacceptable. Physical violence and corporal punishment cause physical personal injuries and often times long term psychological injuries as well.

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

In Dallas County (Red Bird), Texas, a 7 month old (Briana Jones) was forgotten in a vehicle and died. When the child was found, she was rushed by paramedics for emergency treatment at Methodist Charlton Medical Center. It appears from the facts presented that the child died from heat exposure or heat stroke. Unfortunately, deaths of this nature continue to occur because parents, babysitters, and caregivers continue to be forgetful and leave children unattended in vehicles that get a lot hotter than most people realize. Furthermore, there are other dangers to leaving a child in a vehicle unattended.

Some experts estimate that the inside of a vehicle can reach temperatures exceeding 120 degrees when the temperature is 80 degrees outside and the vehicle is exposed to direct sunlight for an hour or so. You can read more about this story at 7 Month Old Dies After Being Left Unattended in a Vehicle.

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

In Houston, Texas, school officials and police officers are investigating a stabbing that took place approximately 30 minutes before school started at Pershing Middle School. The weapon used was a pocket knife. News of the stabbing was quite upsetting for the students, parents, and teachers associated with this school. It is quite frightening to think that a child could, in this day in age, be stabbed by another student at school. Parents, teachers, and students should discuss the issues of school safety and take whatever reasonable actions are available for the protection of students. You can read more about this story at Middle School Student Stabbed in Houston, Texas.

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

In San Antonio, Texas, a teen mother has been arrested regarding an automobile accident that led to injuries to a toddler. Police reported that the mother did not properly buckle her infant son in a car seat. Unfortunately, there was an automobile accident in which the child bumped his head on the dashboard and was knocked unconscious. According to a story posted by News 4 WOAI, the 8 month old child was sitting on the front passenger floor board at the time of the crash even though the car was equipped with a rear facing safety seat.

Parents, caregivers, and day care providers who transport children should always place the child in a child safety seat and / or seat belt. Whether the trip involves just a few blocks, a few miles, or a longer distance, there should be no exception to the rule, law, and / or habit of properly securing a child in a vehicle. You can read more about this story at
>Teen Mom Charged with Injury to Child.

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

In Houston, Texas, police have charged a school teacher with a hit and run incident. The driver claims that she left the scene because there was a mob that had gathered and she feared for her safety. In leaving the scene of this pedestrian accident, there may have been evidence that left the scene with the automobile. When there is an automobile accident involving personal injuries, a person has a duty to remain at the scene of the automobile accident. There are similar laws in other States as well. It is certainly tragic that a young child (Destiny Garcia - age 8) died as a result of this incident. It is a loss that parents and family members will suffer for many years to come. You can read more about this story at Teacher Charged in Hit and Run Accident in Texas.

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

In Texas, a man was arrested for causing serious personal injuries to a child while he was babysitting the child. Brandon Deon Stewart, age 25, was arrested on criminal charges that he abused a 2 year old girl under his care. Police reported that there were severe liquid burns on the girl on her legs and genital area. There were no details as to how the incident took place or the liquids involved. You can read more about this story at Texas Man Arrested for Burn Injuries to Child. Like other criminal cases, this man will be entitled to defend himself. He may deny the allegations altogether. He may try to explain that it was an accident or that the injuries were caused by another person. He will entitled to the services of a private criminal defense attorney or a public defender.

Parents, child care providers, babysitters, teachers, and others should never use physical force or torture as a means of punishment. This kind of child care is barbaric and absolutely amounts to cruel and unusual punishment. Child should be taught right from wrong. Burning a child to prove or make a point is never acceptable.

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

In Texas and other States, day care centers and child care centers have a duty to provide a safe and clean learning environment for children. It is vital that the day care workers are consistent and alert during the entire work day. Otherwise, incidents that are otherwise preventable can happen which can and do cause harm to a child. In Texas, it was reported by KVUE News that a toddler somehow got out of a day care center and was found by a bystander near a busy road where the speed limit is 60 miles per hour. There could have easily been a tragic ending to this story as well as the life of a young children. Fortunately, tragedy was avoided. You can read more about this Texas day care center and see a video at Texas Toddler Found Near Busy Roadway.

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

In Houston, Texas, a family is grieving the death of 3 month old Kamron Kelly. Police believe that the mother's boyfriend (Nathaniel Flowers) shook the baby which in turn caused injuries consistent with Shaken Baby Syndrome. A neighbor had attempted to revive the baby after he was contacted by Nathaniel Flowers. During the CPR efforts, it was reported that Flowers attempted to leave the area or scene. The baby died two days after the incident after being in critical care at Texas Children's Hospital.

Mr. Flowers will be entitled to legal representation on these criminal charges from a Texas criminal lawyer or a public defender. It is expected that the case will involve forensic evidence and testimony from doctors, pathologists, and the medical examiner as well as eyewitnesses and family members.

Despite everything that is known about Shaken Baby Syndrome, incidents involving the shaking of a baby leading to brain injury and death continue to take place in Texas and other states. Babies, infants, and young children need our care, attention and supervision. Children will dry and will be loud at times. This goes with the territory of being a parent or caregiver. You can read more about this story at Houston, Texas Baby Dies from Shaken Baby Syndrome According to Police.

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

A seven year old girl and her mother were leaving the soccer fields at Bear Creek Park, Texas, late one recent evening. As they made their way back to their car, the child ran into the road and was struck by a passing SUV. According to the girl’s mother, the automobile appeared to be a silver Isuzu Trooper or Mitsubishi Montero.

After hitting the girl, the driver of the SUV reportedly stopped a short way down the road, and a woman got out of the passenger’s side of the SUV and walked back to the girl and her mother to see if the child was injured. After seeing that the girl was clearly injured and lying in the road, she walked back to the SUV and got in. The vehicle then drove off without anyone offering their identity or any further assistance.

The girl was flown by medical helicopter to Children’s Memorial Hermann Hospital sometime later; her injuries are said to be critical. Police are looking for any information on the driver or passenger of the SUV. The female passenger is described as a slim Caucasian with a mole on her left cheek. She was wearing a black baseball cap.

Anyone with information about the accident is asked to call the Houston Police Department Hit and Run Unit at 713-247-4065.

You can read more about this hit and run accident that left a little girl critically injured at Child injured in hit and run at Bear Creek Park.

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

A new fire code regulation in Montgomery County, Texas would require daycare operators to install fire alarm systems with manual activation systems. Several daycare providers have taken issue with the new regulation, saying that it would place an unfair financial burden on their businesses.

Concerned daycare owners and operators went before county commissioners recently to ask that existing facilities be grandfathered under a November 2007 fire code. Becky Williams of Kiddie Cabin Daycare testified that retrofitting her center with the new fire alarms would cost up to $10,000. She went on to say that she has installed fire detectors in every room of the center, and that she performed fire alarm drills with the children every month.

The county Fire Marshall stated that he is required to inspect daycare centers for compliance once a year on behalf of the Texas Department of Family and Protective Services. He said that he will begin using the Life Safety Code, which was adopted by the Texas Department of Insurance in October of 2009.

Protecting our children is a priority, but of course it cannot come at the expense of driving daycare centers out of business. Any regulations that better protect children should be considered very carefully before being thrown out for strictly financial reasons. It will be up to the Montgomery County commissioners to decide whether to exempt or grandfather any businesses under the new fire codes.

Read more about this Texas showdown over new fire code regulations at County to revisit daycare issue.

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.