Child Injury Lawyer Blog

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

In New York and other States, wrongful death cases are filed to pursue damages / compensation for the death of a child. In Oyster Bay Town / Nassau County, it was reported that Oleksandr Safronov, age 15, dies when he was hit and killed by an automobile as he was skateboarding in Syosset, New York. The New York wrongful death lawsuit alleged, in part, Oyster Bay Town and Nassau County were negligent in their maintenance of the sidewalk area. In particular, the lawsuit / complaint alleged that the sidewalk was "impassable" which, in turn, caused Oleksandr to ride his skateboard into the street. See Wrongful Death Lawsuit filed in Nassau County, New York.

Wrongful death cases, claims, and lawsuit can be very complicated. A Child Injury Lawyer can help guide a family through the process and provide advocacy to the family regarding the wrongful death of the child. Wrongful death cases can present themselves in many forms including automobile accidents, day care injuries, pedestrian injuries, bicycle injuries, medical malpractice, and other causes.

It is well known that children often times lack good safety awareness and judgment. While a child (certainly an older child) may bear some responsibility for the injuries, most States have comparative fault standards in place. In other words, even if the child was partially negligent or at fault, the parents can still pursue a claim or lawsuit on behalf of the child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Bills, Damages / Compensation, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

The State of Kentucky will release child death / child fatality reports to the public. This information can help researchers and child safety advocates make recommendations as to measures to take to prevent or at least reduce the number of child abuse related deaths that take place in Kentucky and other States. See State of Kentucky to Release Child Abuse Records.

When a child dies as a result of the negligence or fault of another person, business, school, or government entity, there are many issues and questions faced by a family. Some child related deaths result in criminal prosecutions. Some also result in civil wrongful death claims and lawsuits. It is often times helpful to have the advice, consultation, and representation from a Child Injury Lawyer when a child dies as a result of the negligence or fault of others.

The book titled - The ABCs of Child Injury -Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Child Abuse - Neglect, Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can receive this book for free at The ABCs of Child Injury.

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

In Georgia and other states, drag racing can turn deadly for the drivers and / or spectators. One such race caused the death of two spectators - Keshon Burdette - age 15 - and Kevin Johnson - age 27. The incident took place in Waynesboro Georgia. During the race, a car went out of control and crashed into these unfortunate spectators. Drag racing is a dangerous activity which can and does cause serious personal injuries and, sadly, in some instances the wrongful death of others. See Two Killed When Drag Racer Loses Control of Vehicle in Wayenesboro Area Drag Race.

The loss of a child is a parent's worst nightmare. It is even worse when the death could have been avoided. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Medical Treatment / Medical Bills, Automobile Accidents, and other topics.

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

In Georgia, a jury awarded the parents of a 2 year old child over $9 Million dollars in a lawsuit that was filed against a day care center. The case involved the drowning death of a 2 year old (Abiola Bankolemoh) who was not properly supervised by the day care center employees. As a result of the lack of supervision, the child drowned in a Georgia swimming pool. While swimming pools can be great fun for children, swimming pools also pose a significant risks to children. Because of the inherent risks associated with swimming pools, it is vital that proper supervision is in place at all times when children are in or near a swimming pool area. In particular, gates should be locked, pool fences should be secured and in place, and supervision should be consistent and constant. See Gwinnett County Georgia Jury Awards Parents a Verdict in Day Care Drowning Case. The verdict in this case was quite significant. Hopefully, the parents are able to collect upon the verdict. Many day care centers lack insurance or have minimal insurance in place to cover personal injuries and deaths that take place at a day care center.

When a child suffers personal injuries at a Georgia Day Care Center, there are often times many questions and issues involved with such an incident. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can obtain this book for free at Free Book for Parents Searching for Answers and Help with Personal Injury Matters.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jordan Everhart, a 21 year old Idaho man, was arrested on a felony injury to a child charge. Everhart was accused of physically abusing and 18 month old child. Everhart was babysitting his girlfriend's child when the toddler was rushed to St. Lukes Regional Hospital. A rescue team rushed to the child's home, after they received a call regarding an unconscious child. Paramedics assessed the child and determined the injuries were consistent with head trauma. The child underwent surgery, however she did not survive.

There are several risk factors for child abuse, these include, parental drug and alcohol abuse, domestic violence, lack of parenting skills, mental illness, lack of parenting supports and stress. It is important to be able to recognize these risks factors and report any suspected abuse or neglect to the police or social welfare office for the State where the incident toook placer There are several agencies and programs that are available to help families that are at rick for child abuse. For more information see, Idaho Toddler Dies as a Result of Physical Abuse According to Medical Examiner.]

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

A former Baker, Louisiana day care worker was arrested and charged with the murder of a 2 month old infant. The Baker police arrested, Ashley Rene Reifer after an autopsy revealed that 2 month old Brody Hopper died as a result of traumatic brain injury. Brody Hopper was in the care of Reifer at the Busy Bee Learning Center when this incident happened.

The Baker Police Department was dispatched to the Louisiana day care center when the child's father noticed that the child was not responding. The infant was transported to Lane Regional Medical Center in Zachary located in East Baton Rouge Louisiana where he was pronounced Dead.

According to the officials who conducted the autopsy, the 2 month old presented with multiple brain hemorrhages. There was no visible trauma to the child's skull of other areas of the body.

Riefer's attorney believes that the grand jury investigation is a "one -sided affair". He is confident that his client will be acquitted of all charges. In criminal cases, a defendant is entitled to defend himself or herself against the criminal charges through the services of a Louisiana criminal defense attorney or the services of the public defender's office. Cases involving Shaken Baby Syndrome or Traumatic Brain Injury often involve medical evidence and testimony as to the timing and mechanism of the injury.

Shaken Baby Syndrome also known as Traumatic Brain Injury is caused by direct blows to an infants head. This can happen when a infant is dropped, thrown or shaken. The leading cause of death in child abuse case in the United Stated is head injuries.

Shaken baby syndrome is preventable. Reducing the stress level of infant caregivers is key to preventing this type of child abuse. Day care centers should be licensed and insured. All day care centers should provide education and support to employees. Each state has its own regulations as to the caregiver per infant ratio. As a parent, you should request proof of a valid day care license. For more information on this topic see, Former Day Care Worker Charged in Death of Child.

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

An Akron, Ohio day care worker left a 13 month old child in a vehicle outside a local day care center. The vehicle apparently was carrying 5 children. The day care worker brought four of the five children into the center, leaving the fifth child in the vehicle for several hours. According to reports, it was 90 degrees outside. The 13 month old that was left in the vehicle died.

There have been several deaths related to children left in vehicles. On a hot day temperature can reach 180 degrees in a vehicle with dark interiors. It is important not to be distracted when getting out of your vehicle. Day care centers and schools have the responsibility to keep your children safe from harm. Make sure your day care facility has a plan for loading and unloading vehicles and the overall supervision of children. For more information on this subject, see Baby Dies from Heat Resulting of Being Left in Hot Car.

The avoidable death of a child is a tragedy that impacts the family, neighborhood, and the community. Children should always be given priority when it comes to day care supervision, and, yes, transportation. Even a moment of inattention can lead to serious personal injuries and even the death of a child while under the supposed supervision of an Ohio day care center.

The book titled - The ABCs of Child Injury - has chapters on Day Care Center Injuries, Damages / Compensation, Medical Bills / Treatment, Child Abuse & Neglect, and other topics. The book is provided to parents, families, and others for free at Free Child Injury Book - Guide to Parents - What Every Parent Should Know About Child Injuries - Legal Rights and Compensation.

See also Leaving Children and Pets in Hot Cars Is Dangerous and Can Be Deadly.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Linda Favazza, a day care center owner in Methuen, Massachusetts faced criminal charges due to the death of a child and having an unlicensed facility.

She was sentenced to 30 days in jail after being charged with reckless endangerment in the death of two-month-old Tyler Grealish at her day care center. While the cause of death is still unknown, Favazza laid the child in a crib with an adult pillow and on his side.

Favazza was also sentenced to three years probation because she had an unlicensed day care center for eight children. Furthermore, she violated a cease and desist order issued following Grealish’s death in 2008.

Parents must be careful when signing their children up for enrollment in a Massachusetts day care center. Parents should make sure the centers are licensed, as well as have proof that all staff members are trained properly in caring for children. Simply going inside and examining the day care center can give parents many of the answers they need when trying to chose an appropriate Massachusetts Day Care Center. Asking owners the right questions like, “Are your employees properly trained in taking care of children?” can also give parents some of the answers they are looking for.

For more information on this subject, see Methuen, Massachusetts Day Care Center Provider Sentenced to Jail Term - Investigation into Death of Child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Pool Safety Campaign emphasizes the importance of installing barriers around outdoor swimming pools. By doing so, parents are limiting pool access to adults only. This is the best way to keep children safe. A successful pool barrier prevents a child from getting over, under or through to gain access to the pool or spa. Successful barriers include fences, walls, and gates.

A fence or other type of barrier should be at least four feet high or taller. There should be no footholds or handholds that could help a child climb over it. Vertical fence slats should be less than four inches apart to prevent children from squeezing through. If the fence is chain link, no part of the diamond-shaped opening should be larger than 1-3/4 inches. Finally, the maximum clearance at the bottom of the barrier should not exceed four inches above grade.

The steps or ladder into an aboveground pool pool should be secured, locked or removed to prevent access. If this cannot be done, then a barrier such as a fence should surround the steps or ladder.

Fence gates should open out from the pool and should be self-closing and self-latching. The gate should be well maintained to close and latch easily. The latch should be out of a child’s reach. The release mechanism for the gate should be at least three inches below the top of the gate on the side facing the pool. The gate should have no opening greater than 1/2 inch within 18 inches of the latch release mechanism. This prevents a young child from reaching through the gate and releasing the latch.

Parents should follow these safety suggestions to ensure the prevention of poolside accidents with their children. It only takes a split second for the unimaginable to become a reality. By simply blocking the entrances to family pools with barriers, parents may ultimately be saving a life.

For more information, see The Pool Safely educational video on pool and spa fencing and gates.

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

Every year, more than 5,100 American children are taken to the hospital after falling out of windows. More than a quarter of these children are admitted with serious injuries.

Between 1990 and 2008, nearly 98,415 children under the age of 18 were treated at hospitals for injuries sustained after falling out of a window. Tragically, two of the window failing incidents resulted in the death of a child. Toddlers led the injury statistics, however, accounting for two-thirds of all cases because they are curious, don't understand the danger, and have a high center of gravity.

Although the number has slightly decreased over the last 19 years, the number is still too high. While many people know how to prevent this problem, there are still those who do not.

Parents, baby sitters, schools, and day care centers need to make an extra effort to keep their children safe around windows. Window screens will not be enough. However, child care providers can ensure that kids do not have access to a window. For example, furniture can be moved away near windows so that children cannot climb atop, by therefore putting themselves more at risk to falling.

Parents can also install window guards or stops. Some cities, in fact, may have mandated this already. In New York, for instance, the Health Code requires apartment buildings to install guards on all windows in households with kids under 11.

If parents perform these simple safety tasks, they can decrease their child’s risk to falling out of a window.

For more information, see Thousands of kids in hospital for window fall.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted drivers are becoming more prominent as we grow into a more technological nation. It is estimated 11% of American motorists talk on their cellphones while driving, and 26% of 16-17-year-old drivers text while driving, even though 36 states ban texting while driving.

In 2009, the National Highway Traffic Safety Administration reported that 5,400 people were killed in car accidents that involved distracted drivers with 995 of those automobile accidents involving a hand-held cellphone. In addition, 448,000 were injured. These numbers continue to increase every year.

Fatalities continue to increase as technology grows. Today, smartphones allow users to download apps where they can check their email, sports center, Facebook, horoscopes, weather, stock prices, and play games. While it is convenient to have these applications, the convenience and technology only add distractions to drivers. Drivers are using these apps while driving when they should be paying attention to the road, traffic, other drivers, pedestrians, and bicyclists.

The “no texting while driving” laws help deter some people from engaging in activities that distract drivers. There are now new issues that make drivers even more distracted. For example, if a customer purchases a new car today, he or she is able to download apps right to the car. A driver may be able to upload photos, YouTube videos, etc. while driving.

Although these operations can be activated with voice recognition, voice recognition can still be just as distracting, says the National Safety Council. The Council also says that hands-free cell phones can be just as distracting as hand-held cell phones. They claim that it is not so much the phone that is distracting, but the conversation in general.

The only way to decrease the numbers of distracted drivers is for law enforcement to buckle down on the use of cell phones while driving. One study concluded that tough law enforcement will decrease the number of drivers who use their cell phones. The NHTSA concluded a year-long study where police officials in Hartford, Connecticut, and Syracuse, New York, aggressively enforced a cellphone ban and closely observed motorists’ cellphone use. Police in both cities issued nearly 10,000 tickets for talking or texting on cellphones while driving. As a result, cellphone use while driving declined 57% in Hartford and 32% in Syracuse. In addition, texting while driving fell 72% in Hartford and 32% in Syracuse.

It is important that drivers realize the importance of distractions while driving. Not only could distracted drivers kill or injure themselves, but they could also kill or injure other people. Law enforcement agents need to be strict in regards to this issue. Perhaps fear of cell phone citation will help alleviate the growing problem.

For more information, see Distracted Drivers.

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quest Alliance, a day care center for special needs children located in Phoenix, Arizona, is charged with negligence for the second time after 6-year-old Tanner was left in a hot van, in the middle of the day, for more than an hour.

In 2007, Quest Alliance was charged with negligence after Jason Allan, who was an autistic 8-year-old, wandered away from the facility and was later found dead in a nearby canal. Allan had drowned.

The incident involving Tanner is now the second incident of negligence from this day care center. Luckily, Tanner was rushed to the hospital after his mother, Tracy Roberts arrived at the day care center and found her boy strapped and locked in the car. At the hospital, Tanner was pumped with fluids and later sent home.

It is unfathomable that this negligence not only happened once, but also happened twice. Although Quest Alliance took immediate action after the 2007 incident by devising a corrective plan to attempt to avoid future incidents from taking place. Clearly, something went wrong again. Employees working at day care centers especially need to be more aware of their surroundings and the children under their care, supervision, and guidance. There is no excuse for children wandering off, or children being locked in day care vans. Parents need to make sure that the day care centers they leave their children with are well equipped with precautionary measures, rules, and protocols.

For more information on this incident, see “Arizona Day Care Under Investigation After Boy Left in Sweltering Van.”

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

After two Georgia high school football players died during practices of 90-plus degree heat, authorities began to explore whether the hot weather contributed to the death of these athletes. The nation’s largest pediatrician group says that healthy children and teen athletes can play sports in hot, steamy weather, but only if precautions are taken.

In fact, new research shows that with adequate training, water intake, time-outs and emergency treatment available on the sidelines, healthy young athletes can play even in high heat and humidity — within reason. However, government data showed that 3,000 young teens were treated in the emergency room for non-fatal heat illnesses from sports or exercise from 2001 to 2009. In addition, throughout the last 13 years, 29 high school football players died from heat stroke, according to the American Football Coaches Association.

Dr. Michael Bergeron, a University of South Dakota sports medicine specialist, says that any child, if overworked in even 80 degree weather, can suffer sever injuries, if not death. He recommends that people be evaluated individually to see if they can play in hot weather.

When dealing with sports and hot temperatures, teams should have emergency plans with trained personnel and treatment available and policies for avoiding heat illness. Coaches should give kids about two weeks to adapt to preseason sessions, gradually increasing intensity and duration. They should also closely monitor more vulnerable kids, including those who are overweight or have diabetes. Coaches should make sure athletes are well-hydrated before practice or games. Specifically, kids aged 9-12, should drink about half a cup to a cup of water every 20 minutes during activities. Teens should drink 5 or 6 cups an hour during activity. Furthermore, sports drinks containing electrolytes and sodium should be offered during extra strenuous activity. Finally, teams and coaches should educate players and parents about signs of heat stress, including dizziness, muscle cramps, headaches and nausea; and kids with symptoms should be sidelined and treated immediately. Athletes should also be encouraged to report if teammates seem to be struggling.

For more information about heat stroke, athletes, symptoms, and preventions, see Sports in Heat—Ok With Precautions.

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

An unfortunate incident recently took place at the University of Cincinnati (Ohio). It was reported that Everette Howard, an 18 year old student, died as a result of injuries sustained by a Taser gun used by campus police. It was reported that Everette was attempting to break up a fight at the time. It is expected that a full investigation will be completed and then be summarized in a written report since a death resulted from this incident. There appeared to be several witnesses to the incident. The use of force by a police officer is permitted under certain circumstances. In particular, if the health safety and welfare of the police office and / or others are put at risks - force is often times utilized. There are particular policies and procedures in place for each police department as to the use of force including the use of Taser guns. The incident will be reviewed to determine if protocols and criteria were met with respect to the facts and circumstances of this incident.

While Taser guns are typically a less dangerous alternative to the use of a gun, there are still serious personal injuries and even deaths that result from the use of a Taser gun. Law enforcement officials should be respected and orders by the same should be followed. When force is used, it should be reasonable and necessary. Whether the force used is considered excessive will depend on the facts and circumstances of each incident.

For more information, see "Everette Howard Died Saturday At UC Campus."

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It has been said that good weather may increase a risk of injury to children. The B.C Children’s Hospital and B.C Ambulance Service have recorded a list of summer safety tips for parents and caregivers.

Good weather tends to bring about climbing and curiosity from children. Make sure to watch children around window screens. A window screen can pose a danger to climbing children. Children are susceptible to falling through window screens no matter how sturdy they seem to be. Parents should remove furniture from windows and balcony railings to prevent children from climbing atop and setting themselves at risk for injury. Parents and caretakers should install window guards on windows above ground level, or lock windows so they can only open 10 centimeters. Be aware though: children are fast learners. They may learn to unlock doors and windows at a young age.

Secondly, make sure to watch children around swimming pools and water parks. The good weather draws children to the water and they do not realize the risks of drowning at such a young age. Never leave a child unattended near the water. Be at an arm’s reach to your child when he or she is near the water. Young children and weak swimmers should be in life preservers at all times. Pools and other water parks and water ways should have a tall fence enclosing it to block children from access when you are not around. Toys should be removed from the pool area, for these may tempt children to play in the water without supervision. All children should take swimming lessons so they know how to swim in the water. Parents and caretakers should be trained in CPR and first-aid. They should have emergency equipment near the pool at all times.

Thirdly, parent and caretakers should never leave a child in a car. A child is at risk to heat stroke, and burns from hot seat belt buckles and other metal devices in the car if left in a car during the summer hot temperatures. Cars should be parked under the shade if possible to avoid metal getting too hot for children. Place a car seat cover on top of the car seat if possible as well to avoid it getting too hot. If a child gets locks inside, parents and caretakers should call 911 for immediate assistance.

Finally, good weather brings about bicycle riding. A child should not be riding on or near the road. They do not understand what road signs mean, nor do they have a high attention span to pay attention to moving cars. Children should also always be wearing a helmet, even if only riding a tricycle.

For more information on summer safety tips, see The B.C. Children’s Hospital and B.C. Ambulance Service Summer Safety Tips.

By David Wolf, Attorney Published by Child Injury Lawyer Network

In Bellevue, Washington, there was a terrible automobile accident that caused serious personal injuries to several drivers and passengers. One of the accident victims, Rachel Beckwith, sadly died as a result of the automobile accident related injuries. Rachel was a remarkable girl who cared for others and even started a charity drive prior to the automobile accident. The death of Rachel Beckwith resulted in an outpouring of support for her charity and wish to help others. For more information, see Girl Gets Charity Wish After Death in Washington Automobile Accident.

The unexpected death of a child is one of the hardest things for a family, neighborhood and community to deal with. This is especially true when the child shows great promise and potential in life.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the U.S Consumer Product Safety Commission and the American Academy of Pediatrics, infants can suffer from injuries or even deaths due to improper crib and sleeping arrangements. The U.S Consumer Product Safety Commission explains what safety precautions parents should take when putting their infants to sleep.

All babies should be placed in a safe and secure crib, bassinette, or play-yard. They should not be placed near windows, for they pose a great danger to a sleeping baby. Injuries that are typical from babies being placed near windows include a serious fall hazard, glass breaking, or strangulation on a blind cord.

To reduce the risk of SIDS (Sudden Infant Death Syndrome) or strangulation, place the baby on his or her back. Babies should not be placed on their sides or stomachs. Comforters, pillows, stuffed animals, and blankets should all be removed from the crib. It has been said that these items may cause strangulation, suffocation, choking, etc.

A parent or caretaker should make sure the crib has no missing parts or slats. Any part that is unstable, broken, or protruding out can cause great danger to the baby. It can also cause the crib to become disengaged, by therefore trapping the baby between the crib mattress and the rail.

If a crib needs to be fixed, only fix it with parts built or processed by the manufacturer. Make-shift repairs, and quick fix-its can create new and deadly hazards.

The mattress should also be tight, firm, and have no spaces in between it and the railings. In order to meet this standard, place two fingers in between the mattress and the railing. They should not be able to fit. If they do, your mattress is not big enough for the crib and it could cause a major hazard to the baby by falling or slipping through the sides.

Parents or caretakers should keep cords and baby monitors away from a child’s reach at all times, for they can cause a strangulation hazard.

Once your baby can push up on his or her hands and knees, lower the crib immediately in order to prevent climbing in and out of it.

Go to CPSG.org or call CPSC hotline routinely to see if your crib has been recalled.

For more information on crib child safety, see U.S Consumer Product Safety Commission: Crib Information Center.

By Robert Chaiken, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

The Forum Roller World, 1900 S. Great Southwest Parkway - Grand Prairie, Texas, was the scene of what started off as a private birthday parties and ended with the shooter taken not only his life, but the lives of six others and injuring four additional guests. According to police Chief Steve Dye, an argument between a husband and wife resulted in a family member drawing a pistol. Grand Prairie police spokesman John Brimmer, stated matters escalated when the man pulled a gun and started shooting. The call for help came in at 7:10pm with officers arriving only 90 seconds later. By the time the officers entered the building the roller rink, the shooting had stopped.

Witness, Aaron Feldt of Grand Prairie, Texas was one of the onlookers from across the street and stated "I saw family coming from across the street looking panicked. They had children along with adults. You could tell there was a sense of urgency and panic in their eyes". Mr. Feldt also stated "There's just no cause for this...its real unfortunate".

Chief Dye stated his department was working to contact the victims’ families and offered this "Our thoughts and prayers go out to the victims and their family". Spokesman Brimmer stated the victims, all adults were Vietnamese. As of Saturday evening the ages and identities were withheld until the next of kin could be notified.

Brimmer stated that all witnesses were taken to police headquarter for questioning and that crisis counselors would be on hand to help those affected. “We’re going to assist the family and anybody else who attended to help them overcome this terrible situation”. Fortunately, this was a private party and no outside patrons were involved.

Pam McDonald of Grand Prairie visits the roller rink once a month and offered this “I’m shocked; really shocked that something like this would happen…it’s so close”. Bryon Raspberry, a father with children ages 4 to 15, lives near the rink which is located in a warehouse section near Interstate 30 and State Highway 360 said “This is sad man…my kids come up here a lot. We come all the time”. He also said “it does not make any sense…I don’t feel safe at all”.

Police set up a mobile command center outside the scene and as of 9:30pm the bodies of the victims remained inside while investigators worked the scene. Police Chief Dye stated it was unclear the number of people inside the roller rink at the time of the shooting, but that “We’re still working all the numbers and interviewing quite a few witnesses”.

Amusement parks, bowling alleys, roller rinks, and other locations should be sites of joy and celebration especially for families and children. Unfortunately, tragedies often times occur at these locations that result in serious personal injuries and death of innocent people including children. An amusement park, bowling alley, and roller rink are not proper venues for gun play or violence. These recreational and amusement locations should be places of safe haven for adults and children rather than sites of violence, personal injuries, and death.

See 5 Killed in Grand Prairie Roller Rink Shooting in Texas.

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

According to court documents obtained by The Atlanta Journal Constitution, a day care operator and staff member may have falsified reports tied to the death of two-year-old Jazmin Green. After the Clayton County daycare center had returned back from a trip to a Chuck E. Cheese restaurant in Fayetteville, an employee discovered that the child was missing. The child was found still strapped into her car seat roughly 35 minutes after the van returned back to the center, according to an affidavit. The child was unresponsive at that time and taken to Southern Regional Hospital, where she was sadly pronounced dead.

Georgia state regulations require that all daycare operators complete and sign a checklist which documents the number of children on an outing and the number who get off the vehicle. Also, they are required to perform a sweep of the vehicle to make sure that no child was left behind.

An affidavit that was filed in connection with the arrests of the day care administrator Marlo Fallings, her daughter and a juvenile assistant suggest that a checklist certifying that all children had been removed from the van after the day trip actually was filled out before the van arrived back at the day care center. Additionally, at least one hour passed between the time when the day care center personnel realized that the child was missing and when they dialed 911, according to the affidavit.

Fallings and Hopkins were arrested based on allegations of cruelty to children, reckless conduct and involuntary manslaughter. They were released on $35,000 bond. Clay County Police are still investigating the incident. For more information on this topic, see Day care records in toddler's death may have been falsified.

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

In Chicago, Illinois, the life of a 3 year old boy ended at an amusement park in Chicago, Illinois. The boy was riding a roller coaster called the Python Pit when some how he slipped under the safety bar and fell off the ride near Norridge, Illinois. The Go Bananas Amusement Park was the site of the incident which was investigated by the police department. Interestingly enough, the boy's twin brother did not fall off of the ride. See Boy Dies After Fall from Chicago Roller Coaster.

What are the safety and inspection requirements for amusement parks in Illinois? What agency regulations amusement parks in Illinois? What were the particular safety requirements or safety regulations for this particular ride? These are all excellent and pertinent questions to the tragedy at hand. Amusement Parks are regulated by the State of Illinois - Department of Labor pursuant to Carnival and Amusement Parks Safety Act. Pursuant to this law, amusement and carnival rides like the Python Pit Roller Coaster must submit an application for the ride for inspection and be inspected at least once a year. Documentation is required for the ride and all employees or operators of the ride as to background and training to operate the ride. See more information regarding Illinois Laws and Regulations of Amusement Park Rides at the Official Website for the State of Illinois Department of Labor.

Compliance with the State laws and regulations is vital to the safety of children who ride the roller coaster but compliance with the State laws and regulations will not serve as an absolute shield against liability for accidents and injuries. An investigation can be conducted by local, state and federal agencies as to the actual safety or hazards of the ride beyond the State regulations. In addition, the family can hire a private investigation, engineer, and, yes, an attorney to help coordinate these efforts. The manufacturer and distributor of the Roller Coaster ride may be held liable if it is determined that there was a design defect in the way in which the safety bar and / or seat belts (if any) functioned. Furthermore, it may be determined the the minimal safe height for a rider was miscalculated or not followed.

Children should be able to ride an amusement park ride in this day and age and be safe. The most important aspect of each and every ride should be the safety of a child. Dealing with the loss or injury of a child as a result of the negligence of an amusement park or theme park owner and operator can be very difficult for parents. Parents will need the support of family, friends, the neighborhood, and the community when tragedy strikes. There are many questions to answer and many of which cannot be answered at all. For those questions that can be answered, the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Amusement and Theme Park Injuries, Damages / Compensation, and other topics. While the book is not a substitute for legal representation and does not purport to answer every question on every topic, it is a good start for parents dealing with the challenges of a child injury. You can receive a free copy of this child injury book by clicking here.

The book is also available on Amazon.Com and BarnesandNoble.Com.