Child Injury Lawyer Blog

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents hire babysitters to watch and supervise their children. In most instances, the babysitter does a great job and there are no problems during the babysitting job. Unfortunately, there have been many incidents reported in which a babysitter intentionally or accidentally caused harm to a child. In Auburn, Washington, it was reported that a baby sitter has been charged with causing serious personal injuries to a 9 month old child under her care. Law enforcement officials have charged Dotty Reed with the crime of first degree child assault. The charges stem from an incident in which investigators and prosecutors believe that Reed slammed the boy's head on the floor. This act was believed to be done out of frustration. The child was later examined by medical doctors at Seattle Children's Hospital. Medical doctors diagnosed the child with a severe brain injury. It was reported that the mother found this babysitter on Craigs List. For more information regarding this incident, see Washington Babysitter Charged with Crime Following Brain Injury to Child Under Her Care.

Craigslist can be a great way to buy and sell items. It can also be a great way to offer a job and / or to find a job. It should be pointed out that there is no quality control or background checks done by Craigslist with respect to job listings and opportunities.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington and States, children continue to be the unfortunate victims of drive way and back over accidents. In Newcastle, Washington, a father was backing out of his driveway when he accidentally hit his son with the back end of the vehicle. As the father was backing up, the boy ran over from a corner to where the vehicle was backing up according to local police.

Drivers, to the best of their ability, should be on the look out for children when backing out of driveways or parking lots. Many incidents are unfortunate tragedies while other incidents can be prevented by keeping children away from the moving vehicle and having other adult supervision in place.

You can read more about this story at 5 Year Old Washington Boy Fatally Struck in Driveway.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Spokane Washington child is expected to survive according to authorities despite being subjected to horrible child abuse and neglect. It was previously reported that doctors did not expect this child to survive. Some how, this child found the strength to hold on despite being a victim of flagrant child abuse at the hands of her father according to allegations made by police / prosecutors. Skyelynn Jamison is being treated at Sacred Heart Medical Center. According to Spokane Police, hospital officials are reporting that her condition is improving and she is expecting to survive. While she is surviving, it appears that she has suffered permanent life long injuries. She is on ventilator and is brain dead or has severe brain damage according to court documents. You can read more about this story at Baby Expected to Survive Horrible Child Abuse.

How did this child suffer such horrific injuries? According to the story posted at KREM.COM, her father allegedly choke and smother her when she cried. In Washington State, a parent needs to take a test to get a driver's license but does not need to take a test or even take a class to be a parent. Unfortunately and tragically for this child, she was the subject of severe and brutal child abuse just for crying and being a typically baby.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Craigslist Ad - "Boy for Sale" has sparked a criminal investigation. The Craigslist Ad was posted for Spokane, Washington. The Spokane County Sheriff's Office is investigating this matter. It is a crime to try to buy or sell a child. The Ad was eventually removed from Craigslist. Children are not pets or possessions to be bought, sold, or traded over the Internet or anywhere else. Illegal ads and acts are often posted on sites like Craigslist and Ebay because there is a limit to the screening process of these sites. The millions of items and services listed every day make it difficult to perfectly screen out disturbing ads like this one. Hopefully, investigators can track down the person who posted the Craigslist Advertisement. If there is a real boy that was going to be sold, child welfare services need to step in and provide this child and family some services. You can read more about this story at Boy Listed for Sale on Craigslist in Spokane, Washington.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington, a man pleaded guilty to the rape of a 4 year old girl. How was he caught? What evidence was there against him in the criminal case for the sexual abuse and sexual molestation of this Washington child? Well, it appears that the man posted a video of the heinous crimes on the Internet and thereafter another man reported him to the authorities. Brian Beston, age 36, pleaded guilty to the cirmes of sexual exploitation, child rape, and dealing in child pornography.
Prosecutors will recommend a minimum 26-year sentence when he is sentenced May 14 in King County Superior Court. He could also face life in prison. Beston wife's also faces charge for her role in this criminal acts. You can read about this story at Washington Man Pleads Guilty to Child Rape Charges.

People who molest and abuse child fail to recognize the serious physical and psychological personal injuries that the child suffers at the time of the terrible act and the years thereafter. It is pure selfishness and depravity that leads people to commit such horrible acts.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington and many other States, spring brings weather in which we can finally enjoy the outdoors and open our windows. Parents, teachers, caregivers, and day care providers should be aware that an open window can be very dangerous for curious children who lack good safety awareness. Safety precautions should be taken which can include screens and other devices that keep the child from falling out of the window. In Marysville, Washington, a 3 year boy fell out of a window. Another child was reported to have fallen within the last month of so. Emergency rooms in Washington and other States report that these incidents typically occur between the months of May and October. You can read more about this story and the dangers of open windows at Maryville Washington Boy Injured After He Falls Out of a Window.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Vancouver, Washington, it was reported that a chid died from complications related to an E Coli outbreak at the day care center. E Coli is a bacteria that forms in the intestine. Some E Coli outbreaks can be mild and cause minimal complications while others can cause serious medical problems, personal injuries, and even death. Tragically, a child from the day care center contracted a very dangerous and ultimately dangerous strain of E Coli. You can read more about this story at Child Dies from E Coli Outbreak in Vancouver, Washington Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother’s piercing screams brought the Washington state high school wrestling championships to a sudden halt in Tacoma recently. The woman’s seventeen month old child had just slipped through a gap in the bleachers at the Tacoma Dome, and had fallen twenty to thirty feet to the concrete below.

Amazingly, when medics reached the girl behind the bleachers, they found her conscious and moving about. She was rushed to the hospital, and is reportedly doing well, though her condition was not officially released.

A spokesman for the Tacoma Dome is calling this a freak accident, saying that the dome has been in existence for over twenty five years and this is the first time an accident of this nature has taken place. Immediately after the accident, Tacoma Dome employees searched the arena for gaps and taped over several as a temporary measure until more permanent modifications can be made. Investigators are now talking to witnesses to piece together what happened. They have said they will do whatever it takes to keep such an accident from happening again.

At the same event, a person fell through a ceiling tile in a restricted area, but was not injured badly enough to require a trip to the hospital.

To find out more about this harrowing accident at the Tacoma Dome, visit Child injured in fall from Tacoma Dome bleachers.

In Skagit County, Washington, Safe Kids Skagit County is offering a free inspection of a child car seat from 10 a.m. to 2 p.m. on September 12, 2009. Read the article - Skagit County Safe Kids Offers Free Inspections for more information.

The law in Washington State require parents, caregivers, and / or drivers to have children under the age of 8 in a child car seat. There is an exception to this general rule / law that exempts children who are 4 Feet 9 Inches in height and taller. Washington law also requires all children under the age of 13 to ride in the back seat of a vehicle. The purpose of these laws is to promote child safety and to attempt to reduce the number of child injuries and also to reduce the severity of injuries suffered as a result of an automobile accident. Parents have a duty to provide safety seats to comply with Washington's law. Safe Kids is an organization that helps organize and education parents about important child issues like car safety seats.

Follow Washington law and the good advice from Safe Kids.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Yakima, Washington, a teacher failed to use her better common senses and education when she decided to send a bag a feces home in a student's backpack. Sue Graham packaged feces (a turd) and sent it home in a kindergarten student's backpack with the following note: "This little turd was found on the floor in my room." In my opinion, this showed very poor judgment and also showed immaturity on the part of the teacher. Incidents involving feces do happen in kindergarten classrooms from time to time. These bathroom and toilet incidents can be very sensitive topics that should be handled with understanding for the children. If there was some misbehavior involved in this incident, it still should have been handled in a much different fashion. Ms. Graham was reprimanded by the school district for her actions. You can read more about this story at Teacher Sends Feces Home in Student's Backpack - School Is Not Amused.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Spokane County, Washington and other counties, maintenance supervisors have a duty to make sure that the public swimming pools are clean and safe for children. If there is a mechanical, maintenance, or hygiene issue with a swimming pools, government officials have a duty to repair, clean, and / or shut down the pool. In Spokane County, Washington, the opening of public swimming pools have been delayed by a maintenance problem or defect in the pool drains. There appears to be a problem with suction that could, in turn, trap a child and lead to a drowning and serious personal injury or death. A federal law requires that drain covers be placed over drains to prevent these kind of tragedies. The federal law requiring such a drain cover is named after a child (Virginia Graeme Baker Pool and Spa Safety Act) who got caught in a drain in Florida. You can read more about this story at Spokane County Washington Delays Opening of Public Pools.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Families of two children in Washington state were given quite a scare when a man in a pick up truck lured their children into his vehicle on two separate incidents. The man (Dean Kinsman) offered one child a bicycle and the other shoes if they got into his vehicle. Children who go off with creepy strangers are really in danger and are often times injured, molested, and, in many tragic cases, killed. Fortunately, Kinsman did not take the children away from these families forever; however, the families were quite concerned that these incidents happened in the neighborhood. The boy was 9 years old and the girl was 4 years old.

News report did not indicate what Kinsman did with the children on his outings with the children. It is clear that Kinsman was not a friend of the family and did not have permission of family members to take the children anywhere. An investigation will be conducted to find out more details about these incidents and to determine if Kinsman took other children on similar excursions in the past.

This story shows the importance of staying away from strangers. Whether the stranger offers money, a bicycle, shoes, or a puppy, tell your children it does not matter. You can read more about this story at Bothell, Washington Man Arrested for Luring Children into his Pick Up Truck.

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 State of Washington Court ruled this week that teachers can legally have sex with 18 year old students. This ruling ignited outrage among educators, parents, and psychologists among others. The Washington Court of Appeals ordered the dismissal of a case brought against Matthew Hirschfielder, a former choir teacher at Hoquiam High School. There is a Washington State law that bans sex between teachers and students but the Court ruled that the law was vague as it pertained to sex with an 18 year old. In Washington and other States, 18 year olds are considered adults and not minors under State law.

This Washington legal case illustrates the difference between a violation of the law and a violation of ethics. In addition, the School District may be able to pass an ethics code as to sexual contact between teacher and student that may be used to get rid of teachers who prey on students for dates, sex, and inappropriate relationships.

You can read more about this story at Outrage by Concerned Parents and Child Advocates Follow Ruling Allowing Teacher / Student Sex.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tacoma, Washington, a 6 year old boy -Sebastian Hizey - died when parts from a red monster truck came flying into the stand and hit the little boy. Another spectator was injured as well. The monster truck was spinning around doing donuts when parts flew 30 to 50 feet beyond and over safety barriers into the stands.

The boy's father, Jessie Hizey, was interviewed by the press and stated that a Frisbee sized piece of metal came flying into the stands and hit his son. Tragically, the hold incident unfolded right before the eyes of Sebastian's father.

There are other monster truck shows that are scheduled for the Tacoma Dome that will be going forward with the events. The promoter of the event, Feld Motor Sports, promised more inspections of trucks in monster truck shows and stated that the truck involved in the incident would be withdrawn.

Safety precautions are important for any monster truck show. Barrier should be erected to provide a shield and safe distance for spectators like the Hizey family. Furthermore, there should be a safety inspection and checklist for every truck entering the event. Questions arise from this incident as to what safety precautions were taken as to the red monster truck and others that were involved in the monster truck show. In particular it would be helpful to know the following:

Who owned the red monster truck involved in the incident?

What modifications were made to the red monster truck?

What repairs were made to the red monster truck over the past year?

What inspections were completed or required by Feld Motor Sports and / or the Tacoma Dome?

Many events print a disclaimer or release on the ticket as to injuries taking place at public events like monster truck shows. Some courts have upheld such releases or disclaimers and many courts have stricken such disclaimers or releases as against public policy. This is especially true when dealing with injuries to innocent children.

In addition to police and authorities charged with the responsibility to conduct an investigation into this death, the family has the right to retain its own attorney / lawyer as well as its own investigators including engineers, mechanics, and accident reconstruction investigator to conduct an private investigation into this matter.

You can read more about this story at 6 Year Old Boy Dies as Monster Truck Event in Tacoma, Washington.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Winter weather and big chartered buses can often times be a dangerous combination. In Seattle, Washington, a charter bus crashed through a barrier after it was in an accident with another chartered bus. The buses came close to falling off of a 20 feet embankment. Tow trucks eventually safety removed the buses but it took hours to do so. The buses were carrying 80 young adults from a training program in Moses Lake, Washington. Many of the passengers were taken to a local hospital (Harborview Medical Center) for treatment of minor injuries.

You can read more about this crash at Charter Bus Accident in Seattle Washington Leaves One Bus Hanging Over Freeway.