Child Injury Lawyer Blog

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.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A large wave fueled by Hurricane Bill swept three people from the rocks at Thunder Hole in Acadia National Park in Bar Harbor, Maine on Sunday, August 23, 2009. The Coast Guard pulled a 7-year old New York City girl, her father, and a 12-year old Belfast, Maine girl from the water. The 7-year old had no vital signs and could not be resuscitated. Both the man and the 12-year old girl are hospitalized, the man with a heart condition and the girl with a broken leg. Nine others also were hospitalized, mostly with broken bones from being slammed into the rocks. Officials did not release names of the victims. You may read more of the story at http://www.bangordailynews.com/detail/117347.html.

Hurricane Bill passed approximately 300 miles offshore of Maine on Sunday. The National Weather Service had earlier posted dangerous surf advisory. A wave monitoring gauge recorded 17-foot seas at Mount Desert Rock 40 miles offshore.

Thunder Hole is a deep, steep-sided crevice formed in a granite cliff. At the end of the crevice is a small cavern. When a wave rolls in, it forces air and water from the crevice producing a sound like the clap of thunder. Often it throws a huge spray into the air. You may view a video of Thunder Hole.

According to a park Ranger, as many as 10,000 people lined the shore on either side of Thunder Hole Sunday. People were attracted to Thunder Hole because of the combination of high surf from Hurricane Bill and high tide.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arizona and other states, children are the unfortunate victims of drownings. Some die from the drownings. Many others suffer brain damage and other injuries that can last a life time. Many people are mistaken to believe that the survival from a drowning means that there are no future problems. For parents like Angie Thomas, it is quite a different story. Her son, Ryan Thomas, was a normal 2 year old boy who loved to play. One day, Ryan got over a wall and into a neighbor's pool. Ryan suffered a near drowning incident that left him with medical problems and complications that are still being treated to this day. Ryan, who is now 5 years old, is enrolled in special education kindergarten class and receives therapy for the injuries related to the near drowning incident.

While near drowning and drowning accidents / incidents can happen, it is important for parents and those responsible for the supervision of children to put safety measures in place to prevent these incidents from taking place. If a child is near to any body of water, supervision is key because, in some cases, the curious child can get over or around a barrier and into the water.

You can read more about the challenges of injuries caused by near drowning incidents at Dealing with Injuries from Near Drowning Incidents.

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

A Lindenhurst, New York family is mourning the drowning death at a Catskills campground of their oldest son, Ryan Barrett, a teenager with autism and a history with seizures.

Ryan, 14, his brother, Kevin, 6, and their father, David Barrett, 43, had gone to the North South Lake Campground in Haines Falls on Thursday afternoon on their annual father-son camping trip. Some eight families make the trip, and Ryan eagerly looked forward to it every year, said his mother, Mary Ellen Barrett.

"He loved this trip," she said Saturday. "It was what he talked about all year."

The group was setting up tents when Ryan went to play at a shallow creek about 20 yards from the campground.

"He was there one minute and gone the next," David Barrett said.

When the father and others realized Ryan was missing, they immediately began searching for him but couldn't find him. They called state police, who searched for him overnight.

At 10 a.m. Friday, police found the teenager's body, face-down under a culvert leading from the creek into North Lake, a 70-acre lake that is one of two lakes at the campground, according to New York State Police Investigator William Fitzmaurice.

David Barrett said his son had not wandered off, but had suffered a seizure.

"Everybody knew where he was. He fell in an odd place and disappeared from view," he said.

Ryan's death is the second such in the area in the past month, Fitzmaurice said.

Mary Ellen Barrett writes a blog about her experiences as home-educating mother of eight. In April, she wrote a poem about Ryan during Autistic Awareness Month. Read it here.

You can read more about this story at the New York Daily web site a Family Mourns Death of Autistic Son.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When a child or adult is injured or dies as a result of a drowning incident in Illinois, does the facility have a duty to prepare and submit an Incident Report? The simple answer is yes. Pursuant to Title 77, Chapter 1 Department of Public Health, Subchapter N - Recreational Facilities - Part 820 Illinois Swimming Pool and Bathing Beach Code - Section 820.315 Notification, all drownings and injuries or illnesses that require hospitalization must be reported to the Department of Public Health within 24 hours of the incident on a form known as the Drowning and Injury Report. Completion and submission of the report helps the Department of Health monitor and review drowning incidents that take place in swimming pools and beach areas. There have been many reported drowning incidents in Illinois and around the United States this summer. It is unfortunate that drowning injuries and deaths continue to take place especially since many incidents are preventable through better supervision, safety precautions, and better judgment on the part of parents, children, caregivers, supervisors, and lifeguards.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, summer time is a great time to be outdoors and enjoy the warm weather. People of all ages enjoy swimming and playing around and in swimming pools, lakes, rivers, canals, and other water ways. When children are around water, there is always the danger of drowning. This danger applies to infants, toddlers, school aged children, and even adults who are not strong swimmers. In a matter of minutes, a person's life can be forever changed or even ended by death due to drowning in any kind of body of water, pool, or play area - ranging from a kiddie pool to a large water way.

Wendy Pomerantz, M.D. is an emergency room physician based at the Cincinnati Children's Hospital (Ohio) and is very aware of the dangers and injuries related to drowning incidents in Ohio and other parts of the United States. Dr. Pomerantz notes that any child is at risks for drowning related injuries and deaths who is around or near water.

There was a recent story that reported that an infant died as a result of a drowning in a mop bucket at a day care center. As noted by Dr. Pomerantz, a child can drown in a toilet, fountain, bucket, bath tub, and other areas that hold even a small amount of water. Supervision is the key to prevention. Safety precautions to either eliminate, restrict, and / or secure the area containing water are also keys to prevention. You can read more about the dangers of drownings to children and safety tips to prevent drownings at Facts and Safety Tips Around Swimming Pools and Other Areas of Water.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, foreclosed homes are increasing in number every day. Some foreclosed homes have swimming pools. During and after the foreclosure process, swimming pools often times are not properly maintained or secured by those owning and / or controlling the property whether it is the foreclosed upon owners, banks, or mortgage companies. Children see swimming pools, whether or not the pools are maintained, supervised, or secured, as places of adventures. Unfortunately, children do not recognize the dangers of pools and suffer personal injuries and deaths when they use pools with no supervision. In Avon, Indiana, Sheyenne Jenkins, a 5 year old daughter of Secrena Erwin, wandered into a neighborhood pool and drowned. The home and pool were abandoned. Unfortunately, the pool was still filled with water. While the pool had a cover, neither the cover nor the pool were properly maintained or secured to keep young children from wandering into the pool area and the pool itself. Sheyenne fell into the pool and drowned. The tragic events leading to Sheyenne Jenkins' death shows the dangers of swimming pools of foreclosed or abandoned homes. Banks, mortgage companies, and investors in control of abandoned homes have a duty to secure the area and maintain barriers and fencing according to applicable State and local laws. You can read more about this story at Foreclosed Homes (Swimming Pools) Are Dangerous to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Helena, Montana, operators of the Last Chance Splash Water Park & Pool closed down a slide following head injuries to three children. These children reported hitting the back of their heads while riding toward the bottom of the slide. Management will be reviewing the slide dimensions and set up with representatives to determine the cause of the injuries and to determine if safety measures can be taken to prevent further injuries to children using the slide. You can read more about this article at Three Children in Helena, Montana Injured on Water Slide.

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

In Mississippi and other States, children and teens enjoy swimming during summer months. Unfortunately, many children lose their lives every summer from drowning related incidents. Some drowning deaths and injuries are avoidable with better safety precautions, supervision, better judgment by the swimmer, and the use of a buddy system. Some children who drown cannot swim while others are experienced swimmers who tire out or experience and issue or challenge while swimming. It is always advisable to take precautions prior to swimming. Do not swim alone. If children are swimming, adult supervision is key to safety.

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

A Dallas, Texas teen (Alexander Olvera) died following a dive into a creek at Turner Falls Park in Oklahoma. It was reported that the area of the dive was a shallow part of the creek. The incident happened in Honey Creek. After he dove into the creek, he did not resurface. Lifeguards from an adjacent or nearby swimming area assisted the family with CPR while waiting for paramedics to show up at the scene to take over the care. Alexander was later pronounced dead at Sulphur Hospital. An autopsy will be performed to confirm the cause of death. From the facts reported, it is uncertain whether the death was related to a head injury, drowning, a combination of the two causes. There have been other drowning incidents in Oklahoma this summer and year. Unfortunately, deaths and serious personal injuries continue to take place in waterways and swimming pools in the State of Oklahoma and other areas. You can read more about the incident involving Alexander Olvera at Teen Dies Following Dive into Oklahoma Creek.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A recent autopsy confirmed that a 6 year old boy (Apollo Fuller) died as a result of a drowning incident in Lake Lahontan, Nevada. The autopsy results showed no signs of foul play, crime or trauma that would indicate causes of death other than the drowning. Apollo was reported missing and then there was a search for him. The boy apparently had disappeared while using or playing on a water trampoline. News report did not detail what safety precautions were in place at the lake for small children like Apollo. There were also sparse details about the size, type, make, and set up of the water trampoline. It is quite a tragedy for the family of Apollo Fuller and his community. You can read more about this story at Autopsy of 6 Year Old Confirmed Death by Accidental Drowning.

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

Abby Thompson, age 4, was enjoying a nice summer's day at a community pool. Abby was having so much fun that she got into the pool without her inflatable armbands. Someone shouted that Abby was in the pool under water. Abby's father, Dean Thompson, requested assistance. At the time that Mr. Thompson found his daughter - she was not breathing. Jack Dixon, a North Carolina Highway Patrol trooper, and Rebecca Pressley, a registered nurse, were in the area and administered CPR to the child. These quick acting people were in the right place at the right time and saved Abby's life. Their knowledge and training in CPR along with their willingness to step in and help saved a 4 year old girl from death and family and a community from tragedy. You can read about this story at 4 Year Old North Carolina Girl Saved from Drowning.

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

In Mississippi and other states, children enjoy boating activities over the summer. Unfortunately, some children suffer serious personal injuries and, in some cases, deaths from boating accidents. On the Jourdan River in Hancock County, Mississippi, Madison Camille Karno, age 10, recently died from a head injury. Madison was riding on an inner tube when she hit something in the river and suffered the fatal head injury. An autopsy was completed by the Hancock County Coroner's office. It is a tragic death for Madison's family and the community. You can read about this incident at 10 Year Old Mississippi Girl Dies While Riding Inner Tube on Jourdan River.