Child Injury Lawyer Blog

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin and other States, school children often times attend field trips organized by the school. In most instances, the field trip is well run and organized. School officials, teachers, and volunteers are put in place to make sure that the children are properly supervised during the field trip. It is vital that children are supervised during transportation and at the field trip site location. A news story was reported about an incident that took place on a field trip in Wayne, Wisconsin. It was reported that a mother attending the field trip was found in the bathroom unconscious and surrounded by drug paraphernalia. A criminal background check was previously completed the the Kewaskum School District and did not identify any prior criminal activity by this parent. It was reported that this was an isolated incident. If a parent or volunteer has not prior criminal record, there does not appear to be any prior notice to the school about the potential problems that could be created by a parent like this supervising the children. Fortunately, no children were injured or hurt due to any issues with supervision but the potential is there anytime that a parent, volunteer, or teacher is impaired by the use of drugs or alcohol. See Parent Chaperones on Field Trips - Wayne, Wisconsin.

Continue reading "Who is Supervising or Chaperoning Kids on School Field Trips? Mother Passes Out on Wisconsin Field Trip - Drugs Found" »

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Sheboygan, Wisconsin, a two year old boy suffered serious personal injuries when he was bit by a Pit Bull breed dog owned by a relative. It was reported that the Pit Bull breed dog grabbed the child and shook the child vigorously. The personal injuries suffered by the Wisconsin child included a laceration to the head, an injury to the eye, and an injury to the jaw. The boy had been playing with the dog and then patted the dog on the dog's head. At that moment, the dog then grabbed the child by his head and would not release the child. The boy was later rushed to Aurora Sheboygan Memorial Medical Center. The injuries were so severe that the child was airlifted to Childen's Hospital near Milwaukee, Wisconsin. You can read more about this story at Boy Attacked by Pit Bull Dog Suffers Serious Personal Injuries Incliuding Facial Injuries.

Dog bite injuries can be especially serious and problematic for children. When there is a serious personal injury to a child, there are many issues and problems that parents must deal with. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child What Every Parent Should Know - has chapters on Dog Bite Injuries, School Injuries, Day Care Injuries, Homeowner's Insurance and other topics.

By Jonathan Safran, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the Wisconsin Department of Children and Families, Wisconsin day care centers will now be allowed to fingerprint potential employees. The executive director of Wausau Child Care, Inc., Jen Kowalski said that this additional safety measure is worth taking. However, there is one caveat.

The one catch is that fingerprinting will only be required for day care providers who are recipients of Wisconsin state-subsidized funding for low-income families with children. Wisconsin day care providers that do not receive this state funding are exempt from the mandated fingerprinting. Governor Scott Walker said that requiring fingerprinting for all child care providers would create an undue burden for small child care businesses. Stephanie Hayden, a spokeswoman with the Department of Children and Families said that of the 7,061 licensed day care providers in Wisconsin, 4,675 receive state funding for providing care for low-income families.

Although DCF conducted 20,000 background checks last year, fingerprints would allow officials to conduct more thorough checks and run people through the FBI’s national criminal database. Lynn Consolver, who operates a day care center out of her own home (ABC Family Childcare), said that making the fingerprinting mandatory for all employees would make everyone safer. She is licensed to receive state funding, but currently does not have any children from low-income families at her day care. For more information on this topic, see Parents welcome day care fingerprint provision.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sexual harassment in schools is unwanted and unwelcome sexual behavior that interferes with a student’s right to receive an education. The problem is more prevalent than you might think because most students who become victims are too embarrassed or scared to report sexual harassment. Sexually harassing behaviors range from words (written or spoken) and gestures to unwanted physical contact that can cause a substantial interference with a student’s schoolwork or ability to participate in extracurricular activities. Some instances of sexual harassment may also be criminal acts such as assault, rape, and child abuse.

Sexual harassment is against the law. The federal law that prohibits sexual harassment in schools is Title IX of the Education Amendments of 1972, which prohibits any person, on the basis of sex, to be subjected to discrimination in an educational program or activity receiving federal financial assistance. Most states also have laws that prohibit sexual harassment in education.

Ryan Zellner, 32, a former Wisconsin social studies teacher and girl’s basketball coach was sentenced to 15 years in prison and another 18 years on probation for having sexual relations with female students. He was convicted of having inappropriate relations with 11 girls while teaching and coaching at Green Bay Southwest, West De Pere, and Kiel high schools over the past 8 years. One victim testified at Zellner's hearing, “Nearly every relationship I’ve been in has been ruined because of the walls that I put up because of him.” Manitowoc County Judge Darryl Deets said Zellner’s crime was severe and deserved a severe punishment. For more information on his sentencing, see Ryan- Zellner to be sentenced today.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After the Milwaukee Journal Sentinel exposed widespread fraud in Minnesota child care facilities, the legislature took action. Many day care providers in the Milwaukee area were found to be collecting money from the State of Minnesota for "children" that they actually did not provide care or services for in the facility. Now, many children attending Wisconsin day care centers will have to be fingerprinted when they arrive to the center. In February 2011, ten scanners are expected to be installed and in July the program will be expanded statewide. Ultimately, 620 providers are expected to have scanners. The program does have skeptics. Cindy Fennessey, owner of local day care facility, says that even with the scanners, fraud would still be possible. Fennessey also says the scanners may be discriminatory because the scanners are only required for those children who receive government subsidies for their care. Read more on this story at Finger scanners to be installed at Minnesota day care centers.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Archdiocese of Milwaukee, Wisconsin, publicly stated it would filed for bankruptcy in the midst of pending child abuse lawsuits. According to Archbishop Jerome Listecki, the reason for filing for bankruptcy was because the pending sexual-abuse lawsuits could leave the archdiocese with debts it could not afford. However, one lawyer claims it is a delay tactic being used by the church to avoid opening its records to public scrutiny. In fact, Jeff Anderson, an attorney of St. Paul, Minnesota, who has filed 23 lawsuits against the church, stated he thought the bankruptcy filing was done to delay his deposition of Milwaukee Bishop Richard Sklba. Anderson and his clients have been pushing the archdiocese to make public the names of the priests accused of the sexual child abuse and the church officials who protected them.

The tactic has also been used by other archdioceses who have filed for bankruptcy on the eve of trials or major depositions. The Milwaukee archdiocese is the eighth in the United States to seek bankruptcy protection since the clergy scandal took off in 2002. The pending lawsuits include allegations against six priests. Amongst these priests, one is accused of abusing around 200 boys at a suburban school for deaf students from 1950 to 1974. To read more on this story please read Archdiocese of Milwaukee files for bankruptcy in the midst of sexual child abuse lawsuits: Justifiable or Delay Tactic?

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Authorities in La Crosse County, Michigan, are investigating the death of a 15-month-old toddler. The toddler is suspected to have drowned in the bathtub of his home in the Town of Campbell, Michigan. Authorities arrived to the home after the father of the toddler reported that his child had possibly drowned in the bathtub. First responders to the scene found the child unresponsive. Although attempts were made to revive the toddler, the child was pronounced dead at Gunderson Lutheran Medical Center. If you would like to read more on this incident please see 15-month-old reportedly drowns in bathtub.

Today, most homes come equipped with a bathtub. However, parents fail to realize that even a small amount of water can be quite dangerous for smaller children. Bathtub drownings are still extensively reported. Every time a child is near or around water, the child should be constantly supervised. Other safety precautions can be taken as well. For example, when a tub is not being used, drain it.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In the Winter months, it is very dangerous and risky to leave a small child unattended in a vehicle. In States like Wisconsin, Minnesota, Illinois, and other cold weather states, Winter brings the risks associated with hypothermia. In some instances, a child can die from the effects and complications from hypothermia. Because of these risks as well as the risks of abduction, strangulation, and other dangers of being left alone in a car, it can be a crime to leave a child unattended in a vehicle. It was recently reported that a 21 month old was found locked in a car in Green Bay, Wisconsin outside of a bar. Fortunately, the child was found by law enforcement and did not suffer any serious or permanent injuries from being left unattended in the vehicle. Of course, with more time and other complications, the situation could have been deadly for this child. You can read more about this story at Child Found Locked in Vehicle at Green Bay Wisconsin Bar.

Supervise children at all times and never ever leave a child unattended in a vehicle.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care operators and employees have a duty to properly supervise the children under their care. At times, children hurt each other and without consistent and timely intervention - serious injuries can occur. A disturbing incident took place at the Kidology Day Care in Milwaukee Wisconsin. Video surveillance recorded a 3 year old attacking an 11 month year old girl. The baby suffered injuries from the 3 year old biting her and punching her. The case is being investigated by law enforcement and child care licensing officials.

It is most unsettling a baby suffered injuries at the hands of another child while under the supposed care and supervision of a Wisconsin day care center. This case should serve as an important reminder that older and larger children can pose a danger to smaller ones in the day care center setting. It should also serve as a reminder of the importance of supervision at all times in day care centers especially when watching and supervising infants and toddlers. You can read more about this story at 11 Month Old Girl Attacked by 3 Year Old Boy - Video Surveillance in Wisconsin Day Care Centers.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Milwaukee, Wisconsin, two day care employees have been criminally charged regarding an incident in which a boy was left alone in a day care center van. The child was left alone in the van for over 7 hours. It was reported that the boy was 5 years old at the time of the incident. The boy was transported to Kreative Kids Child Development Center. The boy fell asleep on the bus and nobody involved with the transportation or the day care center took any action to account for or check the bus for the child for 7 hours. Even though the van was equipped with an alarm to check for children when the day care van / bus was turned off, the boy still went unnoticed on the van for an extended time period (7 hours). You can read more about this story at Milwaukee, Wisconsin - Criminal Charges Filed Against Day Care Workers.

While the child did not suffer any significant physical or medical injuries as a result of the incident, he was quite scared and incidents like this can have long term psychological effects on a child.

The day care workers will be entitled to defend themselves against the charges through the services of a Wisconsin criminal defense attorney or the public defender's actions. There is no indication that either worker wanted to harm or abandon the child; however, the carelessness or recklessness of actions can be the basis for criminal prosecution even though there is no intent to harm the victim / child.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

According to a report released by the Wisconsin Child Death Review Counsel, a total of 1,556 children died in Wisconsin between 2007 and 2008, about one-fourth of these deaths were preventable. Among the top five causes of children fatalities were motor vehicle and other transport crashes; asphyxia; homicide; drowning and poisoning. Combining the 308 accidental deaths with the 63 homicides and 31 suicides made up 26.1% of all child deaths within the state.

Because of the shocking number of preventable deaths that occurred, the WCDRC report in collaboration with Children's Health Alliance of Wisconsin, the Injury Research Center and the state Department of Health Services found the following preventative measures:

Crashes
- Of the deaths recorded, most were passengers and only half used safety restraints. Among the common risk factors were speeding, recklessness, and drug or alcohol use.
- Preventative measures: enforce child safety restraint laws; and alcohol ignition interlocks and tougher drunken driving laws.

Asphyxia- Of the asphyxiations recorded most were unintentional, most children suffocated and most of those children who did suffocate were younger than 1-year-old. Bed sharing was a factor in 80% of all the reported asphyxiations cases.
- The safesty way for infants to sleep is on their backs, alone, in cribs or bassinets and without blankets, bedding and toys.

Homicide
- Of the 63 homicides reported, 36.5% were younger than 1-year-old. The second highest, 33.3% were between the ages of 15 and 17.
- Most perpetrators were the victims' biological parents. The most common weapon used on infants was the perpatrators body, among teens it was a firearm.
- It is recommended to focus on child abuse awareness.

Drowning
- Of the 29 reported drownings, one-third of the child victims were between the ages of 1 and 4-years-old.
- Bathtubs, pools and spas were the most common areas for drowning incidents.
- Prevention tips include proper adult supervision at all times.

Poisoning
- Most of the 29 poisoning incidents occurred in teenagers between the ages of 15 and 17-years-old.
- Non-medical use of prescription drugs was the leading cause of poisoning.
- Opiods were the most commonly abused prescription drug.
- All drugs should be kept in childproof cabinets, parents should be aware of the medications guests (neighbors, grandparents, etc.) are bringing into the home, dispose of all unused or expired medications and monitor a child or teen's use of prescription drugs.

By spreading awareness of preventable deaths and slightly changing one's behavior many youth lives can be saved. If you would like to read more on this topic please see Wisconsin child death study shows a significant portion were preventable.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Two young boys collided head on while driving ATVs (all terrain vehicles) in Maine, Wisconsin. The two boys, ages 10 and 12, were on private property and some how did not see one another until they collided head on.

Fortunately, they were both wearing helmets. One of the boys was released from the hospital but the other is still receiving treatment and being monitored at a hospital. It is estimated that the boys were traveling around 30 mph when they collided. ATVs can be extremely dangerous and at times fatal.

Before you or your child ride on an ATV, make sure each occupant is wearing a helmet. It can be very dangerous for a child to operate an ATV especially at high speeds over rough terrain. Many child safety advocates believe that anyone under the age of 16 should be accompanied by and supervised by an adult when operating an ATV. Children and even teenagers have poor safety awareness and are often times injured due to inattention to the attempts of stunts or other dangerous moves when operating an ATV. Safety should always be the focus for children and ATVs.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Typically, amusement parks and theme parks are great fun and a wonderful place to spend time with family and friends. Unfortunately for some amusement and theme parks are the sites of tragic injuries that a person must endure for a lifetime. In some instances, visitors including children die at theme parks and amusement parks. What should be a place of joy and fun turns into a place of sorrow and grief.

In Wisconsin, a 13 year old girl - Teagan Marti - fell approximately 100 feet to the ground from an amusement park ride. She was hospitalized in Wisconsin and then transferred to Jackson Memorial Hospital in Miami, Florida. The incident took place at the Extreme World Amusement Park located in Wisconsin Dells. Safety devices in the form of nets and air bags were not raised. As a result thereof, Teagan suffered serious personal injuries to her brain, spine, liver and other organs. She spent a month a a children's hospital based in Madison, Wisconsin - American Family Children's Hospital.The ride operator has been charged criminally by Wisconsin authorities for the incident. You can read more about Teagan's injuries and the incident at 13 Year Old Girl (Teagan Marti) Released from Hospital Following Injuries from 100 Feet Drop at Wisconsin Amusement Park.

See also State of Wisconsin Department of Commerce Requires Accident or Incident Report Regarding Personal Injuries Sustained by Guests / Riders.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Milwaukee, Wisconsin, it was reported that a 5 year old boy enrolled in a Milwaukee day care center was left in a van for 9 hours. There are dangers in leaving a child in a van. If the incident takes place during hot weather, the child is at risk for hyperthermia. If the incident takes place during cold weather, there is a risk of hypothermia. No matter the weather, there are also other risks when leaving a child unattended in a vehicle. These risks include those related to strangulation and choking. In addition, if a child is left unattended in a vehicle, there is also a risk of abduction and risk of injury if the child wanders away into traffic or or into other dangerous situations.

Fortunately, the 5 year old boy who was left in the van for 9 hours did not need medical attention. He was attending Kreative Kids Creative Learning Center. The facility should thank its lucky stars that nothing happened to this child. It was only when the mother came home at midnight did she discover that her child was missing. For some reason, the babysitter did not question why the other driver was not dropped off at the end of the day. Regardless of the babysitter's actions, the day care center had a duty to make sure that all children got off the van and made it to the child's destination. Because of the reckless actions or inactions of the driver and the driver's assistant, both were arrested by Milwaukee authorities. You can read more about this story at Boy, Age 5, Left Inside Milwaukee Day Care Center Van for 9 hours.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Amusement rides and parks are regulated in part by the State of Wisconsin Department of Commerce. Pursuant to Section (Commerce) 34.41 of the Wisconsin Administrative Code, the owner / operator of the amusement ride has a duty to notify the Department of Commerce of every accident or incident involving a personal injury that requires more than just onsite first aide. The reporting of accidents and incidents is required by law. The reporting of incidents and accidents provides documentation for the state regulators for investigation and possible action to either shut the ride or amusement park down or make remedial recommendations to provide for the safety and protection of guests including children. You can review the actual document required for the reporting of these personal injury incidents and accidents at Wisconsin Amusement Ride Accident Report Form.

You can read more about Theme Park and Fairground Injuries as well as other topics in the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can request a free copy of the book by clicking here.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Sheboygan, Wisconsin, a hit and run accident was reported. An 11 year old child was walking in a crosswalk when he was hit by a vehicle. The driver of the vehicle hit the child and then fled the scene. It was reported by police that the child was approximately four to five feet into the crosswalk when he was hit by a red four door compact vehicle.

It is truly a cowardice act to run into a child pedestrian and flee the scene. Hopefully, some leads will come into police on this incident and the driver will eventually have to answer for his or her actions. You can read more about this story at Wisconsin Child Suffers Personal Injuries in a Hit and Run Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former director of an Oregon, Wisconsin day care center was recently charged with three counts of child abuse and one count of suffocation for allegedly abusing children in her care. Heather M. Hook, 34, of Madison, Wisconsin, was director of the Foxboro Child Care Center. According to the criminal complaint, Hook allegedly tried to force a 15-month-girl to drink her milk and after the child refused, Hook allegedly shoved the toddler's face in a pile of pillows. The girl's mother told police she noticed bruises on her child's body, that included a possible bruise to the child's head and broken blood vessels on her side. Another mother also told authorities she noticed bruises on her 10-month-old son that were not present the day before. A Foxboro worker informed police of an incident where Hook grabbed the 10-month-old boy and carried him like a ball to an area after the boy was playing near a slide he was not suppose to be. The boy's bruises were examined by Dr. Barbara Knox, a child abuse expert at UW Children's Hospital, and described them as abusive in nature.

Hook was released on signature bond and ordered not to have unsupervised contact with children. She will be entitled to an attorney and to defend herself against the allegations against her. If you would like to read more about this story please see Former director of an Oregon day care center charged with multiple counts of child abuse.

It is unfortunate that incidents similar to this one occur all too often. Directors of day care centers and other employees of day care centers lose restraint and hurt a child under their care. Day care employees need to understand that they are much stronger than the children under their care and some types of force may be borderline abuse. Therefore, is it important for all day care employees to use patience and good judgment when dealing with the children under their care and supervision.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

It is unfortunate, but it happens too frequently: a child becomes injured at a day care facility. Thereafter, an investigation is initiated and the investigation reveals the facility was not properly licensed or has otherwise violated state codes. The State of Wisconsin is now working towards strict compliance with state codes regarding the regulation, licensing and inspection of day care facilities. Among these types of regulations include but are not limited to: weekly checks of smoke detectors, rules to keep diaper changing areas and bed linens clean, rules requiring supervision, car seat checks and approved menus for the children. Also, the state requires day care providers to keep logs of the children's activities and security systems, including fire alarm drills and other disaster drills. Background checks of staff members is also required.

Some day care providers find compliance with the rules easy to comply. However, other providers of small, home-based day care facilities find the rules to be somewhat burdensome. Usually the smaller, home-based facilities lack the type of funding that larger-scale facilities have. Also, the larger day care centers have more employees, thus more supervision. However, that does not necessarily mean larger facilities are better. For example, owners of larger day care facilities should run yearly background check on all its employees. It is all about compliance with the rules and child keep your child safe. To read more on this topic please see Wisconsin requiring strict compliance with day care regulations.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A federal civil rights lawsuit has been filed by Samster, Konkel & Safran, S.C., a Milwaukee law firm, on behalf of the father of a five month old child who was drowned by his mentally ill mother after a Wisconsin social services agency, working with the State of Wisconsin and the Bureau of Milwaukee Child Welfare, left the child in the care of his mother for an unsupervised visit. After making the initial decision to remove the child from the mother's care four months earlier, due to concerns with her mental health history, emotional instability and threats of violence, the agencies involved then failed to monitor the mother's medication compliance and mental stability before choosing to allow for the unsupervised visit. In October, 2007, shortly after leaving the child in the mother's care, the mother put the child in the bathtub, left him alone, and came back later to find him floating lifeless. She then removed the child, dressed him, and called her mental health social worker to report that something was wrong with the child. The police and emergency medical care providers responded, but the child could not be revived. After claiming that "I gave my baby to God," the mother was charged criminally, she was convicted, and she is now serving a fifteen-year prison term for second-degree reckless homicide. Earlier, the Judge assigned to the child's case left the decision on any unsupervised visits between the mother and the child to be "at the discretion of the bureau." The lawsuit alleges that the agencies involved failed to adequately train, supervise and discipline its workers, including the workers in this case, leading to the tragic result.

To see the full text of the articles which reported the facts of the case and the filing of the lawsuit, go to Federal Civil Rights Lawsuit Filed Against the State of Wisconsin, County of Milwaukee, and Social Service Agency Workers Due to Child's Death.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Evan Coubal, a 6th-grader of Muskego, Wisconsin tragically died from a head injury he sustained after falling off playground equipment. Evan was an athletic boy and had recently sustained a concussion during a youth football game about a week prior to the playground incident. Although Evan took time off from playing football after sustaining the concussion, he was playing around the school's football sleds during recess. Evan accidentally hit his head on one of the sleds and was immediately rushed to a hospital. He died two days after the accident. If you would like to read more on this story please see 6th grade boy dies from head trauma after injuring himself on playground equipment.

Evan's death is a tragedy for his family and his community. Concussions happen all too often to young athletes. However, parents, coaches and teaches seem to be ill-informed on how dangerous a concussion can be, especially for children. Doctors say that concussions present more dangers and risk to children than adults. Specifically, youths are more likely to sustain concussions, have a longer recovery period and are at a greater risk of suffering brain damage. If you would like to read more information regarding children and concussions please see Parents Lack Important Knowledge and Experience Regarding Dangers of Concussions to Children. This is not to accuse Evan's parents, coaches or teachers of being ill-informed, but to increase awareness that if a child has sustained a concussion he or she needs to be very careful and perhaps avoid engaging in physically-demanding activities until he or she has received clearance from a doctor.

If you would like to read more information on Playground Safety please see Playgrounds Are Great Fun For Children . . . Especially When Playgrounds Are Safe.