Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and Other States, day care centers have been the unfortunate locations of automobile accidents and trucking accidents. Because many day care centers are situated in commercial areas near busy streets and highways, there have been a number of reported automobile accidents in which a vehicle crashes into a day care center facility / building. In Billerica, Utah, it was reported that a mini van crashed into a Kindercare Day Care Center. There were no reported serious personal injuries to children but two infants were transported for medical evaluation at local hospitals following this Utah crash. The police investigating the accident reported that the driver stated that she meant to hit the brake when instead she hit the gas / accelerator.

When driving in or around schools or day care centers, drivers should exercise the utmost caution and be on the lookout for any children. You can read more about this story at Mini Van Crashes into Utah Kindercare Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Utah Highway Patrol reported recently that a three year old child was sent to the hospital in critical condition after she was ejected from an SUV in a rollover crash. According to officers at the scene, all other passengers in the car were wearing seatbelts, and were not thrown from the car; the child in a booster seat prior to the rollover accident.

The terrible accident comes as the Utah legislature is debating a proposal to relax current child safety seat legislation. The child advocacy manager for Children’s Medical Center, Janet Brooks, says she opposes the bill. She believes that many lives will be saved by children riding in safety or booster car seats.

Provo, Utah Representative Chris Herrod introduced the bill, which relaxes child safety seat requirements for short trips. He stated that he would rather have his child ride home with a friend who did not have a child safety seat than to have his child walk home alone.

A Utah House committee has passed the bill, and it will go to the full house soon. Find out more about the proposed safety seat bill at Utah House panel favors bill relaxing child safety seat law.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other States, parents have a duty to provide shelter, food, and proper supervision of their children. In addition, parents have a duty to make sure that a child gets a proper education and medical care as well. In Vernal, Utah, KSL NBC TV 5 reported that a 7 year old boy had toe / foot injuries that did not get timely medical care. As a result thereof, amputations of parts of the foot / toes were required. The Division of Child and Family Services and the Uintah County Sheriff's Office investigated this incident and the boy's mother (Michelle Napolitano) and step father (Francis Napolitano) were arrested on charges of inflicting serious injury on a child.

While parents are not held to the standards of doctors and other health care professionals, parents have a duty to act timely and in a reasonable manner. Often times, parents ignore the needs of their children for whatever reason or no reason at all. Small children need guidance and proper supervision from parents. Typically, a 7 year old child is not going to know who to set up a doctor's appointment, arrange for transportation, or otherwise get the help he needs without assistance from a responsible parent or adult.

You can read more about this story at Boy Has to Have Parts of Fee Amputated - Parents Charged.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other States, homeowners take on home construction projects every day. Some homeowners are very handy and able to perform the work necessary to repair homes and even add additions to the home. It is important to know how to do the work and also follow strict safety precautions when performing the work. In Murray, Utah, a roof under construction collapsed on the homeowner and a child according to local firefighters. It was reported that the trusses were set up without proper bracing. Numerous sheets of plywood were stacked on the roof. The weight shifted on the roof which, in turn, led to the collapse of the roof on top of 6 people who were eating lunch underneath. Medical care was required for a man and a boy. While there were no critical injuries reported, this incident could have lead to serious injuries and even deaths to those in or near the home. Safety precautions are vital when performing home improvement projects. In many cases, it makes more sense from a safety standpoint to hire a certified contractor to oversee the work so that incidents like this roof collapse do not happen. You can read more about this story at Murray, Utah Roof Collapse Leads to Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Safe Kids Utah has a great website ( www.safekidsutah.org) that provides safety tips and advice to parents. In reviewing this website, parents can read helpful information regarding:

Amusement Park Rides; Fireworks; Trampolines; Travel safety tips; Swimming / drowning; ATVs (All Terrain Vehicles); and Home alone safety tips.

Children suffer personal injuries every day in the State of Utah from recreational and sports activities as well as everyday activities. It is important for parents to educate themselves on safety precautions so that this knowledge can be passed on or taught to their children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other states, driveways are a very dangerous area for small children especially toddlers who have mobility but limited to no sense of danger. In Provo, Utah, it was reported that a 16 month old child was hit by a vehicle as the driver was backing out of the driveway. Fortunately, neighbors / bystanders were nearby and quickly alerted the driver about the child. While the child did suffer some personal injuries, tragedy was avoided by the quick thinking and actions of the neighbors / bystanders.

This story like many others shows the importance of safe driving anywhere a vehicle is moving especially in drive ways. Parents and caregivers should make sure that all small children are kept a safe distance away from moving vehicles in driveways.

You can read more about this story at Provo, Utah Toddler Hit by Vehicle Backing Out of Driveway - Minor Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Riverton, Utah, a couple has been charged for child abuse. A story in the Salt Lake City Tribune Newspaper reported that a 12 year old boy with autism and a form of Muscular Dystrophy was the victim of the child abuse. Steven Kimball (age 42) and his wife Holly Kimball (age 34) were charged by authorities with child abuse. It was reported that the mother (Holly Kimball) and her husband (Steven Kimball) were involved with the duct taping of the boy. Apparently, the couple did not like some of things that the boy was saying. The 12 year old boy learns at the level of a 1st grader. Duct taping a boy (who is wheelchair bound and who suffers from Autism and learning disabilities) should be a crime. While Autism and other medical issues do challenge the patience of a parent or caregiver, taking drastic steps like duct taping the child's mouth is a form of abuse. When the tape was removed, the boy suffered superficial injuries to his lip and skin. The boy's biological father observed the injuries when he went to pick up his son. You can read more about this story at Couple Accused of Child Abuse After Duct Taping Child with Autism.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other states, parents entrust their children to baby sitters with the expectations and hopes that the child will be properly cared for and protected. Unfortunately, some children are harmed by babysitters due to lack of supervision, inexperience, negligence, neglect, and, in some cases, due to intentional acts of violence. It is well know that shaking a baby can cause serious personal injuries including brain damage and wrongful death. In Provo, Utah, a baby sitter (Danielle Ruiz), age 27, was recently sentenced by Judge David Mortensen for the wrongful death / child abuse homicide of 5 month old - Brandon Zamora. Prosecutors presented a case of child abuse homicide caused when Danielle Ruiz lost control and shook the baby causing brain damage and other injuries leading to the death of the child. Ms. Ruiz begged the judge for leniency and probation but the Judge noted that this crime was too serious to impose a mere sentence of probation.

You can read more about this story at Provo Utah Baby Sitter Gets Up to 15 Years for Boy's Death.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A St. George, Utah man was recently sentenced to life in prison without parole. Marc Clifton Bryant was convicted of the heinous crime of rape and torture of a 16 year old girl with a screwdriver and a blow torch. What a deviant! Mr. Bryant was convicted and sentenced in absentia. In other words, he did not attend the trial because he had fled the State but was later arrested in the Jacksonville, Florida at a Golden Corral after his crimes and the case was reported on America's Most Wanted. You can read more about this story at St. George, Utah Rapist Sentenced to Life in Prison Without Parole. This story was reported at the Salt Lake City (Utah) Tribune website at Rapist Gets Life in Prison Without Parole.

The rape, molestation and torture of this teenager certainly has resulted in lifelong physical as well as emotional scars on this teenager. It is most unfortunate that people like Mr. Bryant continue to inflict their will and deviant acts on child victims.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An Ogden, Utah teenager was beaten by three teeangers and two adults. There was little evidence for the criminal and police investigation until the attackers posted a video of the attack on You Tube. A 15 year old student from Mt. Ogden Utah Junior High was the victim of a beating by Alexandra Gutierrez, Paloma Lopez, and three teenagers from Mound Fort Junior High. The victim was kicked, punched and kneed in her face. The fight was encouraged by others. This is far from harmless fun or a mere school yard scuffle. Serious injuries and even death can result from even one punch or blow to the head.

You can read more about this story and see a video news report of the story at 5 Arrested in Ogden, Utah as a Result of Fight on You Tube.