Child Injury Lawyer Blog

By J. Rock Palermo, Attorney, Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Two Louisiana families suffered a major tragedy after teens from both families drowned. The seven teenagers were playing in the shallow waters of the Red River when one teen stepped of the slippery ledge and plummeted into much deeper waters. The other teens tried to save the boy, but they too were overpowered by the water and taken into the deeper water. The onlooking relatives, who could also not swim, desparately screamed for help as they watched their teens vanish and drown.

DeKendrix Warner, 15, was the first to fall in and was rescued by a bystander.
Those who did drown were identified as two families: the Warners and the Stewarts. The Warners who drowned were: Takeitha, 13; and her older brothers JaMarcus, 14 and JaTavious, 17. Among the Stewarts were: Litrelle, 18; LaDairus; and Latevin, 15.

The area where the drowning occurred was not a designated recreational or swimming area and no lifeguard as on duty. If you would like to read more on this story see 2 Louisiana families suffer from drownings on hot summer day.

This is a tragedy for these families and their community. It is important to understand the inherent dangers of water. Make sure a lifeguard is always on duty, do not swim in areas not designated for swimming, maintain constant supervision of child while around water and everyone who is not deemed a capable swimmer should be adorned with the proper life-saving equipment when practical and available.

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

Paul Sniffen, a 6-year-old boy, was finally identified as the boy who drowned in a public pool in Castro Valley, California while on an outing with his day care center. Paul was found in about 4-feet of water at the Castro Valley Swim Center, he was pronounced dead at Eden Medical Center. The Center has different pools including a shallow pool, which has a depth of about 2 1/2-feet, and a deep pool, which has a depth of about 12-feet. Paul was observed playing in the shallow pool and, sometime later, he had moved to the deeper area of the pool. It was unknown how well Paul could swim. The Sheriff's Department is conducting an investigation regrading the circumstances of Paul's death. If you would like to read more on this story see 6-year-old boy who drowned in public pool while on day care outing is finally identified.

The death of this young boy is a tragedy for his family and the community. It is imperative that adults constantly supervise children while children are playing in the water or engaged in water-related activities. Although the water provides fun and exercise for children, it can be dangerous, harmful, and sometimes deadly to children.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

New York State Police say Aaron Davies, a 2-year-old boy, drowned in an above-ground pool located in the backyard of the toddler's residential daycare facility in Greenville, New York. Aaron and nine other children were cared for by three women at the day care, which is unlicensed. Allegedly, while the children were in the backyard, the toddler climbed the ladder leading up to the pool without being noticed and entered the pool. It is believed the toddler was underwater for 3 minutes before he was found by the adults working at the day care. Rescue personnel was called and performed CPR on the toddler until he arrived at Albany Medical Center, where he was later pronounced dead. If you would like to read more on this story see Toddler drowns in backyard pool at unlicensed day care facility.

This child's death is a tragedy for his family and the community. Water, although fun and great exercise for children, is incredibly dangerous. Parents, guardians, babysitters, day care providers and employees need to maintain constant supervision while the children under their care are playing in the water. Before allowing a child to play in water make sure he or she is not too fatigued, is capable of swimming in the depths of the water or is provided the proper and approved safety devices. If you would like to read more water safety tips see Swimming Pools and Safety - Need for Consistent and Undistracted Adult Supervision.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Swimming accidents left three people dead, as a result of drowning, across the State of New York on Saturday, July 3. Fajir Javid, 9, of New York City had been camping at the Willington Lake Campground in Willington, New York with her family, other children and adults involved in a scouting organization. Javid was swimming with adults and other children when one of them noticed her missing. Adults immediately began searching for Javid while others called police. About 45 minutes after the Willington Fire Department and emergency divers arrived, Javid was found. Javid was located in about 10 feet of water, 25-30 feet off shore. The girl was taken to Johnson Memorial Hospital, where she was pronounced dead. Ursula Lerse, 85, a resident of New Milford, New York, drowned while swimming in Candlewood Lake. Lerse was found by a firefighter about 20 feet from shore. Juan C. Lopez of Jamaica, New York drowned while swimming at Bull's Bridge. You can read more about this at 3 New York residents drown over holiday weekend.

These deaths are unfortunate for the families and the communities of the drowning victims. Summer time is in full effect and more people are frequenting community pools or area beaches, rivers, or lakes. Although water activities are fun, they are also inherently dangerous. Not only should children be careful while swimming, but adults needs to appreciate the dangers as well. Regardless of distractions, parents or caretakers should always watch their children. Adults need to take precautions as well - although adults may be experienced swimmers, they too can be overtaken by fatigue or rough currents. You can read some suggested safety tips at Water Safety Tips for Kids and Parents.

By Scott Soutullo, Attorney, Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Although school has been out for only one month, there have been two, fatal drownings at local apartment complexes in Lawrenceville, Georgia. One victim, was a unidentified 4-year-old girl who drowned on Father's Day. The girl was pulled from the Durant at Sugarloaf Apartments' pool during the holiday evening. Firefighters were unable to resuscitate the child despite performing CPR on the way to the hospital. The other victim, a 7-year-old child, was found unconscious in the Amli McGinnis Ferry apartment complex pool. In 2006, the fire department responded to 28 near-drowning incidents.

Here are safety tips you and your family should take if you plan on doing water activites:

Swimming Pools
- Know where your child is at at all times.
- If you own a pool and your child is missing, check the pool first then search other areas.
- Surround your pool with a security fence.
- Never leave toys in or around pools that will attract children.
- Avoid using alcohol prior to or during swimming activities.
- Do not depend on floaties and rafts as life-saving equipment.

Water Parks
- Stay with your group or use the buddy system.
- Always slide face up and feet first.
- Follow all rules on posted signs and directions given by lifeguards.

Beach or Lake
- Watch out for drop offs and rip currents.
- Avoid rock formations and embankments.
- Wear protective footwear.
- Always use the buddy system.
- Swim only in areas where a lifeguard is on duty.

For more safety tips see Water Safety Tips.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The recent pool drowning of a five-year-old boy in Springfield, Missouri should prompt parents, child care providers, babysitters, and others to be on high alert when watching their children at the pool. Safe Kids USA, a nationwide network that works to prevent unintentional child injury, estimates that drowning is the second leading cause of unintentional injury-related death to children ages 1-14; 900 child deaths occur each year. A coordinator from Safe Kids, Daphne Greenlee, stated the most effective way to prevent your child from sustaining these types of injuries is to keep at watchful eye on them at all time – no talking on the cell phone, reading, or sunbathing. A Safe Kids report revealed the main cause of drowning was lack of attention on behalf of the supervising adults. Greenlee also suggested the “buddy system” as another way to prevent child drowning-related accidents. If a child is in the water he or she should always be with a buddy, whether it is an adult of another child. The buddy should know the rules of the pool such as no running around the pool and where the permissible diving areas are located.

Safe Kids reports that inflatable toys, such as noodles, were not appropriate safety devices and would not prevent drowning. The presence of a life guard should not be a reason for a decrease in adult supervision. The Drowning Prevention Foundation reported that almost one in every five drowning deaths involving children occurred while a lifeguard was on duty at a public pool.

Infants can drown in as little as one inch of water. Therefore, it is important to empty all buckets, containers and wading pools immediately after you’re done using them. To read more about this topic see Pool safety for children.

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 George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 12-year-old drowned in a pond in Bethpage, Tennessee. The 12-year-old, Arthur Hawk Suddarth III, was visiting a friend, Hope Postell, when he went into the small pond to swim. It was reported that Postell said she observed Suddarth go into the pond and not come back up. Hope then went over to a neighbor's house and called 911. Authorities responded to the call of possible drowning around 7:00 PM. A Volunteer Fire Department member was able to recover Suddarth from the pond. Suddarth was later pronounced dead at Sumner Regional Medical Center.

This family and community have suffered a tragic loss. During this time of year water activities are at their peak and when around water, children are at risk of drowning. It only takes a matter of seconds for a child to drown, whether in a pool, lake, ocean, kiddie pool, or small pond. Safety precautions should be taken to either eliminate, reduce, or restrict a child's access to water. Ponds, lakes, and other natural waterways are especially dangerous since the depths are unpredictable, changes in depth vary, and visibility to the bottom even in shallow water can be difficult.

To read more about this accident see 12-year-old Tennessee Boy Drowns in Small Pond.

Also, if you would like to read more safety tips see Facts and Safety Tips Around Pools and Other Areas of Water.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Spring and Summer months bring with them better weather and more swimmers. It is a great time for parents to think about water safety and about providing their children with qualified swimming lessons. Many YMCAs and other community centers through the nation offer baby water safety classes. It is a great gift for a parent to provide a child with the skills necessary to swim. Children are curious and have poor safety awareness. Some children unexpectedly fall into water including pools, lakes, and other areas. As such, a child, who has been provided swim lessons, may very well have a less likelihood of drowning and suffering drowning related injuries than a child with no training or experience with the water. Parents should check out local YMCAs and other groups and consider enrolling a small child in a swimming class. There are many qualified swimming instructors and programs out there. It is important for a parent to ask a lot of questions including the following:

What is the recommended age for a child to have initial swimming lessons?

What is the training of the instructor?

How long has the program been in effect?

What are the short term and long term goals of the swimming program?

What kind of instruction or techniques are involved with the swimming program?

How does the swimming instruction program differ from others in the area?

You can read more about infant / toddler / child swimming instruction programs at YMCAs Offer Baby Water Safety Classes.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other States, small children are at risk for drowning incidents. It was reported in Onslow County, North Carolina that a 4 year old drowned near the home in a pond. The child was transported to Onslow Memorial Hospital but medical providers / doctors were not able to save her from the injuries / complications relating to the drowning incident. See North Carolina 4 Year Old Drowns Near Home.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Both spring break and summer are just around the corner, so now is a great time for parents and children to refresh their water safety skills. Planning ahead can make a day at the beach, pool or water park fun and relaxing for everyone.

Before you go:
Most drowning accidents involving children under five years old happen at a residential pool. Families with backyard pools should make sure they use appropriate safeguards, like a latched four foot high isolation fence around the pool area with an alarm. You should also keep the pool covered when not in use, and keep safety devices within reach at all times.

Even if you do not own your own pool, parents should get themselves CPR trained and carry a first-aid kit when they go out with their kids for the day.

While in the water:
Supervision is the most critical aspect to keeping everyone safe. Never just assume someone else is watching your child. A life vest is the most important piece of safety equipment for your children – “floaties” and water wings are for recreation only. Parents should also consider water shoes for everyone to protect feet from rocks and broken glass.

At the end of the day:
If you own a pool make sure it is covered, the gate is locked, and that any toys are moved out of the pool area.

Read more tips for water safety at From the YMCA: Get your water-safety procedures in place as spring break approaches.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Robert Owen’s eight year old daughter Kaylan came home from school the other day with some shocking news. She said that her teacher, Betty Levy, became annoyed when the child got up to wash her hands without permission, and pushed the girl’s head under the water until she couldn’t breathe, then pulled her head out of the sink and slammed her into a file cabinet. Kaylan said that the incident made her feel “really sad.”

According to Owen, Ms. Levy has apologized and the principal of the school assured him that a letter of reprimand will be put in the teacher’s file. But Owen isn’t satisfied. He says he wants the teacher fired, and he has also filed an assault charge against her with the police. According to school officials, none of the other children in the class saw what happened, but Owen reports that one of the kids went home and told her parents about the incident.

A Jackson Public Schools official has made a statement that the district is taking the allegations seriously and that child safety at school is their first priority. The school system will be following procedure and conducting a thorough investigation into the matter. In the meantime, a judge will have to decide if there is enough evidence to arrest Ms. Levy on the assault charges.

Find out more about this alleged assault on a young student by a teacher at Miss. Girl Says Teacher Held Head Underwater.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other States, most homes have a bath tub. Many parents may not realize that a bath tub is very dangerous to small children. Drownings in bath tubs continue to be reported. All children should be supervised when in or near a bath tub that has any amount of water in it. Even a small amount of water in a bath tub can lead to a drowning. If a bath tub is not being used, drain it. Tragically, safety measures are not taken or forgotten. In these instances, some children are injured or even die. You can read more about the recent drowning in a bath tub in Mississippi at Child Drowning Investigated by George County Sheriff.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is January and many cities and States are bracing for the Winter chills and snows with the associated chilly weather. Other States like California, Florida, and Hawaii enjoy warm weather year round in most parts of the State. A recent article posted at the Woodburn (Minnesota) Independent noted that swimming lessons help reduce the risks of drownings. It should be noted that water is present year round. A child should drown in the winter time as easy as he or she could in the summer time. Swimming lessons should be provided to a child as soon it is practical to do so. If swimming lessons are offered for your child's age group, go ahead and get your child signed up. While swimming lessons will not prevent drownings in every instance, swimming lessons can help avoid tragic drownings and can save a life.

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.

By Michael P. Healy, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Hawaii, warm weather year round makes it a vacation and destination location for many. The warm weather also makes Hawaii and other warm weather states a state in which outdoor swimming pool drownings can take place year round. Parents and property owners should be on alert every day for possible dangers involving children and swimming pools. When applicable and required by law, lifeguards should be in place. Furthermore, barriers, gates, and / or fences are key to keeping small, curious children out of pools. It is well known that toddlers and young children have poor safety awareness and judgment when it comes to the dangers of pools and other bodies of water. In Aiea, Hawaii, it was reported at the Honolulu Advertiser Newspaper website that a 5 year old child nearly drowned in an apartment complex - Pearl One Apartments. The boy was taken to a local hospital after bystanders pulled him out of the swimming pool. It was not reported how the child got into the pool or the level of supervision in the swimming pool area at the time of the incident. CPR was administered before emergency paramedics arrived on the scene.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children suffer unintentional injuries at home every day. A common every day object like a knife, lighter, and even a television can be very dangerous in the hands of a child. Parents, caregivers, and homeowners who have child visitors should take safety precautions to make the home safer for children. Simple steps can be taken that can help prevent / avoid serious personal injuries to children. Safety measures that can be taken for little to no cost include the following:

*Secure heavy furniture to the wall;

*Remove objects that can fall from tables or bookshelves;

*Keep sharp objects like knives and tools out of the reach of children;

*Remove colorful objects or toys from high dressers or bookshelves
(Do not give children a reason to climb up on furniture);

*Keep lighters and other flammable objects from the reach of children;

*Lock or otherwise safeguard poisons, chemicals, alcohol, and medications away from children;

*Lock or otherwise secure lawn mowers and other power tools / equipment; and

*Lock, fence, and otherwise secure all pools, spas, and waterways.

These and other safety precautions can help avoid serious personal injuries and death of innocent and curious children.

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

In Trempealeau County, Wisconsin near Galesville, a 7 year old (Tristan Decker) recently sustained serious personal injuries after he was hit by a pick up truck. The incident happened as Tristan was playing off the side of the road in sand. It was reported that Tristan may have been partially in the roadway. When investigating incidents of this nature, it is important to know the following:

*What time of day did the incident take place?

*What was the speed limit in the area?

*What was the visibility in the area for driving?

*Do children commonly play in the area where Tristan was playing?

*Were there any witnesses to the incident?

*How close was Tristan to his home where he was playing?

*Was the incident avoidable?

The sheriff's office reported that Trisan suffered a head injury and may have also fractured a leg. Tristan was transported to Gundersen Lutheran hospital for medical care. You can read more about this incident at Wisconsin 7 Year Old Suffers Serious Personal Injuries After Being Hit by a Pick Up Truck.

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

Swimming is a popular sport throughout Florida, California, and many other parts of the United States. Millions of children and teens participate in competitive swimming. Many children and their parents take the sport seriously and strive for excellence in the sport. Some see the sport as a way to pay for college. Others see it as a way to keep a child competitive and in shape. Swimming parents should keep safety and health issues as a top priority. While winning is a goal and so important for some parents and the child swimmer, parents, at times, should step back to consider the child's physical and emotional well being as competitive swimmers. You can read some tips for parents who have competitive swimmers at Top Ten Questions / Answers for Swimming Parents.