Child Injury Lawyer Blog

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.