Child Injury Lawyer Blog

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

In North Carolina and other states, All Terrain Vehicles (ATVs) can be fun and exciting for both adults and children. Unfortunately, many children in North Carolina and other states have suffered personal injuries and death while riding on (whether as an operator or passenger) an ATV. CSX Transportation is a train / railroad company based in Jacksonville, Florida is requesting that owners and operators of ATVs keep them off of railroad tracks this summer and at all other times of year. A combination of an ATV near train tracks and trains of any size can be quite dangerous. Tracks should not be used as tools to jump over. Operators of ATVs should also refrain from weaving across railroad tracks or chasing trains. You can read more about this story at Dangers of ATVs and Trains / Railroad Tracks.

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

Madeline Kara Neumann died at the tender age of 11 years old in Wisconsin. Madeline had an undiagnosed and untreated condition - diabetes. With proper treatment, Madeline could have and would have lived a long and full life. Unfortunately, Madeline was deprived of the medical care that she so desperately needed. Madeline's death and the criminal prosection of her parents Leilani Neumann and Dale Neumann has raised the debate of religion versus healthcare - what is in the best interest of the child? Yes, we have freedom of religion in this country; however, the best interests of a child must be considered when weighing healthcare decisions versus religious preferences of the parents. This is especially true when a child's life has been lost. The Neumann's believed that their daughter's illness was a test of faith or a challenge to her spirituality. Unfortunately and tragically for Madeline, no amount of prayer or faith healing was going to medically treat her diabetes. Medical science has made great advances in the diagnosis and treatment of diabetes over the years. This is a proven fact. While prayer does have a place in society and is important to so many families like the Neumanns, the needs and best interests of the child must be considered. A jury will ultimately decide the fate of the Neumanns. You can read more about this story at District Attorney - Girl Whose Parents Prayed to Defeat Illness - Suffered a Needless Death.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other states, parents entrust their children to baby sitters with the expectations and hopes that the child will be properly cared for and protected. Unfortunately, some children are harmed by babysitters due to lack of supervision, inexperience, negligence, neglect, and, in some cases, due to intentional acts of violence. It is well know that shaking a baby can cause serious personal injuries including brain damage and wrongful death. In Provo, Utah, a baby sitter (Danielle Ruiz), age 27, was recently sentenced by Judge David Mortensen for the wrongful death / child abuse homicide of 5 month old - Brandon Zamora. Prosecutors presented a case of child abuse homicide caused when Danielle Ruiz lost control and shook the baby causing brain damage and other injuries leading to the death of the child. Ms. Ruiz begged the judge for leniency and probation but the Judge noted that this crime was too serious to impose a mere sentence of probation.

You can read more about this story at Provo Utah Baby Sitter Gets Up to 15 Years for Boy's Death.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When considering where colleges with your teenager, Playboy magazine offers its own unique listing of colleges in the country—the annual listing of the top party schools in the nation. Considering categories such as bikinis, sex, campus life, sports, and brains, Playboy ranked the University of Georgia Number 7 nationally. UGA even received bonus points for having the “hottest sorority girls in the country.”

UGA has consistently ranked high as a party school and in recent years has made efforts to lower their rankings by imposing rules about student drinking. Notwithstanding these efforts, even a serious ranking of colleges, the Princeton Review, places UGA at number 7 for party schools. To read more see Party College / School Rankings - University of Georgia Makes the List.

Readers of our blog might recall a posting in January about a University of Georgia college student who took partying too far. That student went to a party, got drunk and tried to drive herself home. When she stopped at a stop sign, she passed out. The police found her passed out behind the wheel of her car at the stop sign. See University of Georgia Student Stopped at Stop Sign - Passed Out Drunk.

College students have a responsibility as adults to drive with due care and caution andto refrain from dangerous conduct that may affect the health, safety, and welfare of themselves and others. Peer pressure is alive and kicking in colleges through the nation. When you combine peer pressure, immaturity, drugs, and / or alcohol in any combination, serious personal injuries and wrongful death can result.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado and other states, just a few minutes or more of inattention can lead to serious child personal injuries and, in some instances, wrongful death. In Denver, Colorado, a 7 month old baby died while his father was taking out the trash. As a result of this incident, the Denver Colorado District Attorney's Office has charged the father (Thomas Ashley) with child abuse. Mr. Ashley was bathing his son but left his son in the water while he made a telephone call and took out the trash. Firefighters were called to the scene; however, their efforts were not enough to save this child from this most unfortunate and preventable death. Stories like this show the important of supervision of children especially around water including bathing time. Mr. Ashley could have taken the telephone call later and the garbage certainly could have waited. Parents - keep on task when bathing a child. As you can see, it is very dangerous to multi task when bathing a child. You can read this story at Colorado Child Dies from Drowning As Father Takes Out Trash.

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

In Alabama and other states, roads are filled with teenage drivers. It is a big responsibility to get behind the wheel of a car. The teen driver is not only responsibility for his or her own safety but also the safety of the passengers, other drivers, pedestrians, and bicyclists. An automobile is a "dangerous instrument" that can and does cause wrongful death and personal injuries on a daily basis. In Alabama, one out of every eight teenage drivers in an automobile accident according to 2007 statistics. This amounts to 30,000 teens out of 250,000 teens according to the Alabama Safe Teen Driving Coalition.

Tragically, over 4,500 teens ranging from the age of 16 to 19 died in automobile accidents in 2005. Many of these automobile accidents resulted from driver inexperience, poor judgment, driver distraction, and speeding.

You can read more about the dangers and problems of teen drivers in Alabama along with measures to decrease accident related injuries and deaths at Alabama Teen Drivers May Be Heading for Trouble.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Deaths and injuries over a four year time period (2002 - 2006) across Iowa were studied by the Iowa Department of Public Health and the University of Iowa. This study revealed that over 1500 deaths in Iowa are caused by injuries. The Burden of Injury in Iowa report gathered information regarding deaths and hospitalizations. Motor vehicle accidents / automobile accidents were the leading cause of unintentional deaths for all injury related mortalities. Teens and young adults ranging from the age of 15 to 24 represented the groups with the highest rates of hospitalizations / emergency room visits among all age groups. Unintentional or accidental injuries represent the leading cause of death for Iowans in the age range from 1 to 34 years old. You can read more about these statistics and others at Injuries a Leading Cause of Death in Iowa According to Study.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ducketts Common, in North Green, North London (England / United Kingdom), a two year old boy (Erjon Hyseni) died when he was hit by a roller coaster ride called the "Go Gator" at the Funfair. Fair organizers reported that the boy got off of an inflatable ride and then ran over onto the tracks of the Go Gator ride. Barriers should have been in place and an investigation will be conducted to determine how, when and why the child was able to walk onto the tracks. While parents are responsible for the supervision of their children, fairs and theme parks purposely attract and invite small children for the attractions, rides, and events. As such, safety precautions like protective barriers and fences should be in place to prevent these kind of incidents. Children will run around at fairs and theme parks. As such, this kind of incident is foreseeable and in many instances preventable. You can read more about this story at Funfair Death - Boy Struck by Rollercoaster.

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

In New Orleans, Louisiana and other cities, guns are dangerous when placed in the hands of a young child or accessible to a young child. Of course, many gun enthusiasts believe that guns and children go together as long as their is training and supervision. Training and supervision combined with good judgment are all vital to gun safety and the prevention of gun related personal injuries and wrongful deaths. In New Orleans, Louisiana, a 20 year old man (Adrian Kelly) was accidentally shot when he attempted to take a gun away from a 4 year old boy. Details from news reports were vague. I would be interested to know the following:

Was the gun registered?

Who was the registered owner of the gun?

Where was the gun stored?

How did the child gain access to the gun?

Where did the incident take place?

How long did the child have access to the gun?

It is tragic that a young man lost his life from this accidental shooting. You can read more about this story at Man Accidentally Shot in New Orleans, Louisiana When Trying to Take Gun Away from 4 Year Old Boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, bicyclists are injured every day on or near roadways. Bicyclists suffer serious personal injuries and in some accidents death due to driver inattention, distraction, and / or negligence. In some cases, the driver is subject to criminal prosecution for the wrongful death or personal injuries of the bicyclists. In California, Gaspar Reyes was sentenced to a one year suspended sentence and three years of probation for the death of a bicyclist, Kathy Marie Gienger. Reyes hit Ms. Gienger with a big truck while trying to make a right hand turn. Ms. Gienger was in the crosswalk at the time of the incident. Reyes claimed that he stopped but prosecutors wisely secured the photos that were taken by a nearby ATM at the Safe Credit Union. This photographs taken at 1 second intervals impeached Mr. Reyes' claim that he stopped prior to making the turn.

You can read more about this story at Lincoln California Man Sentences for Bicyclist Death.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The family, school, and community of Morgan Johnson are in mourning over her untimely and tragic death. She was only 6 years old at the time of the Georgia automobile accident. Her family affectionately called her "The Princess". She was a kind and caring little girl who was loved by many. It has been an especially difficult time for her family, her church (Faith Church International in East Point), and her school (Southwest Atlanta Christian Academy). The death of a child of such a young age is not natural and certainly unexpected. Hopefully, the family will continue to have the support of friends, community, and church to help them get through these very sad times. You can read more about Morgan Johnson and her funeral service at Funeral Held for 6 Year Old Georgia Crash Victim (Morgan Johnson).

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

A tragic accident took place recently in Hinds County Mississippi. Two teenage brothers from Jackson, Mississippi were traveling South on I 55 in a Ford Taurus. Wet road conditions may have led to Preston Garrett, age 18, losing control of the vehicle. Brandon Woodard, age 15, was a passenger in the vehicle. The Ford Taurus crossed over the median and was hit by another vehicle heading North on I-55 according to the Hinds County Coroner's Office. Both Brandon and Garrett died in the accident. Neither was wearing a seat belt but it is unclear from the facts reported whether a seatbelt would have made a difference as to the severity of the automobile accident related personal injuries.

It is certainly tragic for a family to lose one child as a result of an automobile accident. The family of Garrett and Brandon lost two children in one automobile accident. May the community and friends of this family provide them support and comfort in this trying time of loss and grief.

You can read more about this story at Two Teenagers Die in Automobile Accident in Mississippi.

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

Prompted by the recent death of a four-month old Milwaukee, Wisconsin infant who was left in a child-care transport van, the State Senate and State Assembly have passed a bill which will require child-care van owners to install alarm systems in transport vehicles, necessitating van drivers to physically go through the van interior, to the back door, to disarm the alarm. See Child-Van Alarms to be Required for Safety Purposes.

It is hoped that this legislation will insure that van drivers check all seats for any remaining passengers, in order that young children or infants are not left in vans. This type of legislation was passed in other states, such as Tennessee, in 2004, where no further deaths have occurred from children being left in child-care vans. According to KidsandCars.org, a national organization working to promote automobile child safety, at least 27 children nationwide have died since 1994 as a result of being left in child-care vans. In Wisconsin, three children have died in the Milwaukee area since 2005 and seven children have died in similar situations since 1991. Although Wisconsin has laws providing for the issuance of felony charges against child-care van drivers who leave a child in a vehicle, resulting in a child's death, it would appear that this deterrent is not sufficient. The State of Wisconsin, Department of Children and Families, also requires day cares to have procedures to make sure that children are not left behind in transport vans, however, the requirement for procedures does not spell out what exactly should be done. See Wisconsin Government Website.

It is unfortunate to think that legislation is required to insure that child-care transport van drivers and day care operators carry out the simple process of making sure that children are not left in transport vans. Parents leave the safety of their children in the hands of such people every day, and the act of leaving children behind in transport vans is not excusable. Parents need to be active in speaking with day care providers and van transport drivers to make sure that they are following procedures to prevent such tragedies from happening in the future.

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

Investigators have turned over video surveillance and other evidence showing that two adults provided alcohol to a minor who later died from an alcohol overdose. Perry McClenahan, age 16, died from an alcohol overdose on April 18, 2009. Perry and other minors were provided with alcohol by adults. The minors attended Lebanon High School. Video surveillance from the store where the alcohol was purchased along with the receipt will serve as evidence in an expected criminal prosecution of this matter.

Why is there a minimum drinking age in place?

Why should both minors and adults follow the law?

What are the dangers of providing alcohol to minors?

There are basic questions that really should not be questioned by any thinking adult. Teens often times lack the judgment to deal with the safe consumption of alcohol. Combine age, inexperience, and peer pressure and you get a deadly combination that can lead and does lead to alcohol related deaths in Missouri and other States. You can read more about this story at Adults in Lebanon, Missouri Suspected of Buying Alcohol for Underage High School Students.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Michigan authorities are conducting an investigation regarding the death of a 9 year old quadraplegic girl. Tragically, her body was found inside a public storage facility.
Shylea Thomas, age 9, lived in Flint, Michigan. She was quadraplegic and needed a feeding tube for nutrition. Genesee County Prosecutor David Leyton, investigators, and police officers are conducting this investigation. Shylea had not been seen for six weeks and relatives reported her missing. Her adoptive mother, who was also the child's aunt, was taken into custody. Shylea's body was placed into garbage bag that was surrounded by moth balls to try to mask the smell of the body.

Investigators are puzzled as to why the child was missing for 6 weeks before anybody reported this matter to police. You can read more about this story at Quadraplegic Girl, 9, Found Dead in Storage Facility.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Dekalb County (Decatur) School Board - Georgia will review an anti-bullying policy following the suicide death of an 11 year old boy. Jareem Harrera hung himself on April 16. He told his parents that he was upset after being teased for "talking funny" and "being gay". Tragically, Jareem was found by another family member after Jareem hung himself. The policy that was in place at the school required teachers to report instances of bullying and that three instances / incidents would be sufficient to get the violating student expelled.

Schools, teachers, and administrators in Georgia and other states should take a tough stance on bullying. It just should not be tolerated. As for Jareem, it is too little -too late to help this little boy; however, his death should not be forgotten and can serve as a teaching tool (a tragic teaching tool) as to the dangers and consequences of bullying. It will be interesting to know what complaints were made, the number of complaints, sources of the complaints, and actions taken by the teachers / schools. While we will never know sure, could the school have prevented this tragedy from taking place? Did Jareem feel alone and unprotected by the school? You can read about this story at Dekalb County To Review Anti Bullying Policy.

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

In yet another case of unfortunate and preventable deaths, a two month old baby has died due to being smothered while sleeping with an adult. For the third time in two months, an infant has died in Milwaukee, Wisconsin as a result of what is known as co-sleeping or bed-sharing. The Milwaukee Health Department has documented that between 2004 and 2007, 72 of 120 Milwaukee infants who have died have done so when sharing a bed with parents, other children or caregivers. Due to the growing concern of this phenomenon and the recent deaths, the City of Milwaukee Health Department has launched a safe sleep awareness campaign by posting a demonstration on YouTube, preparing videos. issuing guidelines for safe sleep and preparing pamphlets for distribution.

You can read more about co-sleeping and the associated risks and dangers at Infants at Risks for Injury When Co-Sleeping with Parents or Caregivers.

The American Academy of Pediatrics also recommends that infants not share a bed with others, due to established hazards and concerns. You can read safety tips and recommendations at Safe Sleeping Recommendations for Infants.

There is no doubt that alcohol or drug use by adults is often an issue in these infant deaths with adults being impaired and not sufficiently aware of their actions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Redding, California, a woman thought it would be a good idea to text message and drive at the time time. In fact, the woman was electronically paying her bills online while driving. Due to her inattention and the distraction as a result of texting while driving, Deborah Matis-Engle crashed into a line of stopped vehicles. As a result of the automobile accident, one woman died and was the unfortunate wrongful death victim of this avoidable crash. The victim, Petra Winn, was 46 years old and died as a result of personal injuries suffered when her vehicle bursted into flames after impact.

Debroah Matis-Engle was criminally prosecuted for her crimes and was recently sentenced to 6 years in prison for the wrongful death of Petra Winn.

In California and other States, drivers should pay close attention to the road, other vehicles, pedestrians, bicyclists, trucks, and trains. Paying bills online while driving is certainly negligent and evinces the kind of conduct that is reckless. You can read more about this story at California Driver Gets 6 Years for Texting, Causing Fatal Crash.

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

In Queens, New York a bizarre incident occurred. A man called 911 to report that he thought that he struck a pedestrian. For some unknown reason, though, he did not stop. The pedestrian, was then hit by a second car. Instead of stopping at the scene, not realizing that he had hit the pedestrian, the second car continued on his trip, for 17 miles into Brooklyn! He was stopped by a pedestrian in Brooklyn who told him that there was something being dragged under his SUV. It turned out to be the pedestrian, who he had hit a county away. He was dead and unfortunately, partially dismembered.

You can read more about this tragic and deadly accident at Body Dragged for 17 Miles in Queens New York.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

People take their parking lot spaces very seriously. Sometimes, people put too much effort and anxiety into parking spaces. In Detroit, Michigan, a 17 year old girl was shot after her father and another man had an argument. Police reported that the argument may have been over a parking space at a Detroit Coney Island. Following the argument, two vehicles left the parking lot but the argument and tempers continued to the point that the driver of one of the vehicles (a Ford SUV) into the other vehicle that was occupied by 17 year old - Octavia McLawrence.

The shooting and senseless death of this 19 year old are under investigation and the shooter is on the loose.

You can read more about this story at 19 Year Old Shot After Parking Lot Dispute in Detroit, Michigan.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic airplane crash recently took place near the Butte Montana airport. The fatal plane crash involved a small single turboprop airplane that took a nose dive into a cemetery approximately 500 feet from the airport. It is a tragic end to the lives of the passengers including 7 children. The NTSB (National Transportation Safety Board) and other officials / agencies will investigate the cause of the accident to determine if pilot error was involved, the role of the weather, actions / inactions of air traffic control, the performance or malfunction of the airplane, the load of the airplane, and other factors.

It is believed that the passengers were heading for a ski trip. The Napa Valley Register reported that a family of five including three pre-school age children were among the passengers on the airplane

While the NTSB, the FAA (Federal Aviation Authority), and others government agencies will be involved in the investigation, the families of the victims would be well served in retaining a private personal injury attorney to review the investigation and also to conduct an independent investigation as to the cause of the crash and to what extent other persons and business entities / corporations are responsible for the crash.

It was reported that the airplane was a Pilatus PC-12 which is certified for 12 persons on board. Officials will undoubtedly evaluate the passenger load and seating to determine if the owner / operator of the plane was in compliance with these restrictions.

You can read more about this story at Tragic Plane Crash Takes the Lives of Passengers Including Small Children in Butte, Montana.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In 2007, 35 Bluffton University baseball team players and their coaches were traveling on a bus to play in a game when their bus went off of an overpass in Atlanta, Georgia. Seven people were killed and 28 were injured. The bus went off of the overpass on an exit ramp where the Georgia Department of Transportation failed to install an important road sign at an HOV exit. The National Transportation Safety Board harshly criticized the Georgia DOT’s signs and found that the bus mistakenly turned into the exit lane.

Although a case of clear liability, Georgia law provides immunity to the State for civil actions except under those instances covered by the Georgia Tort Claims Act. The Georgia Tort Claims Act waives the state's sovereign immunity for certain torts committed by its officers and employees acting within the scope of their employment. By waiving sovereign immunity for certain acts, the Tort Claims Act makes the state liable in the same manner as a private individual or entity. This liability comes with a restriction, however.

Liability under the Georgia Tort Claims Act is limited to $1,000,000 per person and $3,000,000 per occurrence. In a case such as this accident, the maximum amount of recovery for all 35 killed and injured people is $3,000,000.

To read more about this settlement you can go to the Atlanta Journal Constitution Website at Bus Crash Victims in Georgia Will Have a Limited Right to Recovery for Damages Suffered in Bus Crash.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Legislators / lawmakers in Connecticut have proposed increasing the minimum age to 18 for someone to handle an assault or machine gun style rifle or weapon. This proposed Connecticut assault weapon legislation is in direct response to the death of an 8 year old boy who shot himself with an Uzi at a gun fair in Westfield, Massachusetts last October w, while his father looked on. You can read about this most tragic story in a prior blog posts at Boy Accidentally Shoots Himself with an Uzi at Westfield, Massachusetts Gun Show - Legal Rights and Responsibilities

Any time that there is gun legislation there is a debate between gun right / 2nd amendment proponents and those who favor restrictions on gun use and ownership. Gun right proponents argue that laws restricting the ownership and use of guns only takes guns out of law abiding citizens. Criminals have possession of guns with or without the laws in place. Others argue that there should be restrictions since this will reduce the injuries and deaths caused by the intentional and accidental shooting incidents.

Gun safety should be paramount to those supervising children around guns. Whether the laws allow the ownership or use of a particular gun by a child, it is still the duty of the parent and caregiver to make sure that all safety precautions are followed when children are using or near guns.

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

In George County, Mississippi, a car accident injured two children, a 15-year-old and an 11-year-old. The wreck happened on Highway 198 which is near Mississippi Highway 63. Apparently, John Hood died in the accident while driving a Dodge Truck when he crossed the center line of the highway. The children were flown by helicopter to USA Medical Center in Mobile, Alabama. Hopefully, the children will recover from the automobile accident related personal injuries. Apparently, the impact from the automobile accident was quite severe in that it caused the driver to die and resulted in injuries that required the services of a medical helicopter. You can read more about this story at Children Injured in George County, Mississippi Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A government study reported that approximately 100 children died and 2000 were injured as a result of vehicle backover accidents in 2007. The study was released by the National Highway Traffic Safety Administration. The study was in response to a 2008 law that required the tracking of backover incidents, power window strangulations, and heat exposure injuries / deaths.

You can read more about this story and these statistics at Deaths and Injuries Resulting from Vehicle Backover Incidents.

It is important to gather data and statistics in order to determine the seriousness and frequency of these dangers to children. All drivers and parents should be aware of these statistics and safety measures to take to prevent one more child from being part of these troubling statistics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

What is a vehicle blind zone? What is a vehicle backover accident? Children in all States are at risk for injury or death from vehicle backover accidents. A vehicle blind zone is the area behind a vehicle that a person (the driver) cannot see from the driver's seat. The higher and larger the vehicle - the larger the blind zone.
A vehicle backover accident refers incidents where a person is run over by a vehicle in reverse.

Consumer Reports produced some informative videos on its web site at Blind Zones and Backover Accidents to illustrate the dangers of blind zones and vehicle backover accidents. Another organization (www.kidsandcars.org) has done a good job of educating and warning parents and others about the dangers of blind zones and backover accidents.

All drivers should make sure to survey the area behind their vehicles before getting in the car and before backing up. Children should be instructed and kept a safe distance from the vehicle. Drivers should back up slowly as well.

Drivers should take these basic safety precautions which can save a child's life and help avoid serious personal injuries to children.

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

The Associated Press has reported that a lawsuit has been filed by the parents of Heather Harkness for her wrongful death. The surgeon, anesthesiologist, and hospital were named as defendants in the lawsuit. Heather Harkness, age 16, died as a result of alleged medical malpractice during a surgery for appendicitis. Autopsy results indicate that the carotid artery was cut during the surgery.

The parents, David and Susan Harkness, alleged that Dr. Walter Bell was negligent during the surgery. Furthermore, the parents allege that Walter Bell was negligent in the past with other patients and that Integris Baptist Medical Center was negligent in allowing Dr. Bell to continue to operate and practice at the hospital despite these prior incidents and deaths.

You can read about this story at Parents File Medical Malpractice Lawsuit in Oklahoma for Wrongful Death of Teenage Daughter.

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

In Georgia, a parent can be held liable for the negligence of a child driving an automobile that is maintained by the parent for the use and convenience of his family. If the parent, as the owner of the car, has given permission to his child to drive the car and has relinquished control of the car to the child then the parent can be held liable for injuries caused by the child as long as the child was in the car when the accident occurred and the car was being used for a “family purpose.”

The Georgia General Assembly passed a law designed to increase driving safety by teenaged drivers. All parents of Georgia teenage drivers need to be aware of “Joshua’s law,” which took effect on January 1, 2007. Joshua's law came about after a tragic accident that resulted in the personal injuries and wrongful death of Joshua Brown. Joshua’s parents, Alan and LuGina Brown, realized that the accident could have possibly been avoided if the boy had had proper training and known what to do in such a situation. Under Joshua’s law in the State of Georgia, all sixteen year olds applying for a driver’s license must complete an approved driver education course and complete a total of 40 hours of supervised driving with a parent or guardian’s sworn verification that these driving requirements have been met. If a sixteen year old has not completed the approved driver education course, then he must wait until the age of seventeen to obtain a driver’s license. Even then, the seventeen year old driver must complete the 40 hours of supervised driving. Six of these 40 hours must be supervised night driving. For more information about these driving requirements, you can go to the Official Georgia Website at Educational Requirements for Teenage Drivers in Georgia.

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

Mothers are supposed to care and protect their children - not drown and kill them. Tragically, Leatrice Brewer, age 28, did just that. Leatrice Brewer pleaded guilty by reason of mental defect or diseased for crimes committed against her children. Instead of going to prison for life, she will be sent to a psychiatric facility - possibly for life. Psychiatrists diagnosed Brewer with a major depressive disorder when she killed her children. Supposedly, Brewer thought that her criminal acts were saving her children from the dangers of voo doo.

The father of two of the children was not pleased with the plea deal. He is also suing the county officials over the wrongful death of his children. The father, Innocent Demesyeux, stated that the mother should have been judged by a jury of her peers rather than be able to plea out and get sent to a psychiatric facility.

You can read more about this story at Mother Who Killed Three Children Gets Sent to Psychiatric Facility.

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

Trial has been set for Larry Setzer of Horn Lake, Mississippi who has been charged with two counts of causing a death while driving a car under the influence (DUI) and causing an personal injuries and death. Car accidents by DUI can affect all of us, including our children. At the time of the car wreck Setzer was not drinking but was on a drug called Xanax. Anything that can impair motor skills and alertness including but not limited to illegal drugs, prescription drugs, alcohol, and sleep deprivation put innocent adults and children at risk on Mississippi highways and roads.

The two victims were Jacob Lannom (age 12) and Zachary Lannon (age 15). The boys' mother and a passenger were also hurt. Criminal defense attorneys are attempting to keep evidence of Xanax in Larry Setzer's blood out as evidence for the trial.

For a family to lose two children in one accident is truly tragic. This case and others shows the dangers of drug and alcohol when driving.

You can read more about this story at Lake Horn, Mississippi Man Arrested for DUI Causing Death.

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

A San Diego, California jury awarded parents $16 million in a medical malpractice case where the parents’ child died during delivery. The parents alleged that the doctors not only committed medical malpractice but also concealed the baby’s true cause of death in the autopsy report. The parents claimed that they were told that their baby died of lung disease when in fact, the baby died of asphyxia caused by umbilical cord strangulation while the baby was lodged in the birth canal.

The parents sued two of the mother’s doctors and the hospital, Sharp Mary Birch Hospital for Women. The verdict was returned on December 5, 2008 following a nine week trial. The jury found that the hospital’s director of pathology committed fraud by making a false representation to the mother as to the baby’s cause of death. The trial court judge has affirmed the jury verdict. You can read more about this interesting case at Judge Gives OK to $16 Million Medical Malpractice Verdict.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Cobb County, Georgia police arrested a stepmother who provided alcohol to four teenagers at her home. One of the teenagers was killed later that night in an automobile accident when the car he was driving crossed the center line and collided with another car. Garrett Reed, a junior at Harrison High School, was killed in the accident in which Cobb County police believe alcohol and speed were contributing causes.

While the stepmother has been criminally charged with reckless conduct and furnishing alcohol to a minor, she cannot be held civilly liable under Georgia’s Dram Shop law for the minor’s death. See an earlier blog article posted on January 27, 2009 for more information about Georgia’s Dram Shop law. To read more about this Stepmother's arrest, read the article at the Atlanta Journal Constitution - Stepmother Arrested For Providing Alcohol to Teenagers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A trip to the Grand Canyon resulted in the death of 7 Chinese tourists who were passengers on a tour bus. While traveling on a highway near the Hoover Dam, the tour bus crashed which resulted in the death of 7 Chinese tourists and injuries to 10 or more other passengers. Authorities will investigate the crash to determine what caused the accident and if any actions could have avoided the crash. The National Transportation Safety Board will search and inspect the tour bus for clues, information, and details. The tour group from China had flown from Shanghai. During the visit to the United States, the Chinese tourists visited San Francisco and Las Vegas. The tour bus was heading to the Grand Canyon.

In the United States, a person, who is the victim of an accident due to the fault of another person or company, is entitled to compensation for injuries caused by the accident. If the person dies, the family is typically entitled to bring an action due to the death of a family member. Most States do not distinguish tourists from citizens as to legal rights for injuries or death caused by the negligence of another person or business.

You can read more about this incident at Bus Crashes in Arizona Killing 7 Chinese Tourists and Injuring Others.

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

The parents of a teenage girl filed a wrongful death lawsuit following the death of their 18 year old daughter. The girl was shot and killed by Huntington Beach police officers when they responded to a 911 call about a woman walking with a knife in a park. The girl had been partying the previous night and after getting into a fight with her mother, who she attacked with a knife and cut, left the house with the knife. The teenager was later seen at the park with the knife. When told by police to give up the knife, the girl refused and told that police that she was on drugs and to kill her. The girl began running toward the police with the knife and was shot 15 times by policy when she came within eight feet of the officers.

The police were accused by the parents of using excessive and unreasonable force. Both police officers involved in the incident were cleared in an official investigation. The officers’ defense was that they were forced to make a split second decision when faced with a dangerous woman with a knife. To read more about this story see the Los Angeles Times article at Family Settles Wrongful Death Lawsuit for Huntington Beach California Police Shooting.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In an Eleventh Circuit United States Court of Appeals decision on January 23, 2009, the Court found that three Rockdale County (Georgia) High School football coaches were entitled to qualified immunity from a lawsuit alleging due process violations. The parents of Tyler Davis filed a lawsuit on behalf of their deceased son who died the morning after a voluntary workout session for the Rockdale County High School football team. The parents alleged that Tyler’s substantive due process rights were violated when the coaches failed to provide enough water to keep Tyler hydrated, ignored signs and Tyler’s complaints of becoming dehydrated, subjected Tyler to rigorous conditioning drills at the end of a two hour practice session, and failed to attend to Tyler until after a team meeting even though he had collapsed in the middle of the drills. The parents alleged that even though the workout was voluntary, Tyler was subject to further discipline from the coaches if he failed to perform all of the exercises and activities in the workout.
The Court found that the coaches, who are deemed to be government officials, could only be held liable for due process violations if their conduct could be characterized as arbitrary or conscience-shocking in a constitutional sense. In order to be conscience-shocking, the conduct must have been intended to injure in some way unjustifiable by any government interest.
In this Georgia case, the Court held that Tyler voluntarily participated in an extracurricular activity so that no custodial relationship existed between Tyler and the school. Further, the parents did not allege that the coaches engaged in corporal punishment or physically touched Tyler. While the facts alleged that the coaches were deliberately indifferent to the safety risks posed by their conduct, this deliberate indifference, without more, did not rise to the conscience-shocking level required for a constitutional violation according to the Court ruling Therefore, Tyler’s parents’ claims were limited to a recovery under tort law for wrongful death. Davis v. Carter, No. 08-10162 (11th Cir. 2009).

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Lindwood Jones, Jr. and Shawntay D. Jones have been arrested and charged with their daughter's death in Suffolk, Virgina. WAVY-TV 10 reported that the parents were charged for first degree murder. Zanya K. Jones died on December 1. Zanya was less than a year old. The medical examiner conducted an autopsy and determined that Zanya died from dehydration and malnutrition. Other children were removed from the home which was unsanitary.

Parents have a duty to provide for the safety, welfare and well being of their children. In this case, having a child die from dehydration and malnutrition is unacceptable and also criminal. Of course, the parents will have the right to a defense on this criminal case and may be able to retain experts to study and comment on the medical records. Due to the living conditions found by investigators, it does not appear that the parents were providing a good living environment for their children. The criminal defense attorney / public defender will have a steep challenge in defending the parents on this case. You can read more about this story at Suffolk Virginia Parents Charged with Murder of 11 Month Year Old Child.

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

In another sad example of how the Bureau of Milwaukee Child Welfare has failed to protect the most vulnerable children of Milwaukee, Wisconsin, a 29-year--old mother of five has now been charged with Child Neglect Causing Death, more than two years after she allegedly allowed her 7-month-old daughter to starve to death. Citing "issues in completing and acquiring medical examiner's and other doctors' reports," the Milwaukee County District Attorney's Office has charged the mother, however, the father has not been charged. According to the Milwaukee, Wisconsin criminal complaint, local police found no baby food in the house other than an empty can of infant formula, but the parents spent as much as $500 per month on gambling. The parents allegedly spent the day after the child's death at a local casino. The mother received state assistance, food stamps and SSI benefits. Although a 9-year-old sibling was being monitored under a court order, and child welfare caseworkers and a therapist made visits to the family's alleged "filthy, roach-infested home" to check on the older child, it does not appear as though they were aware of the issues and services which were to be provided to the younger child. The deceased child, Layunnia Lewis, was born 14 weeks premature and suffering from herpes, weighing 4 3/4 pounds, and weighed only 5 1/2 pounds when she died at 7 months of age. An independent review panel report noted that "for some portion of time that the safety services case was open [for the younger child], neither the ongoing worker [for the older child] nor the safety service worker knew of their co-worker's involvement with the family."

To see the full text of the article, go to the Milwaukee, Wisconsin Journal Sentinel article at Mother Charges in Starvation Death of 7 Month Old.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Police in Brunswick (Glynn County) Georgia charged Bryon Patrick Nail, age 28, with murder for the death of his girlfriend's 2 child old child. The child suffered head injuries while under the care of Mr. Nail. The toddler was later pronounced dead at Memorial Health University Medical Center in Savannah, Georgia. Investigation into this untimely and suspicious death of the 2 year old will continue including further review of autopsy and toxicology studies.

Head injuries involving infants and toddlers should be thoroughly investigated. In some cases, the distinctions between intentional and abusive injuries from accidental injuries / medical conditions are quite clear.

You can read more about this story at Georgia Man Arrested in Death of 2 Year Old In Brunswick, Georgia.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 20 year man with a painted face, bulletproof vest, and an 8 inch knife entered the "Fabeltjesland" — Fairytale Land - Day Care Center in Brussels, Belgium. Upon entry into the facility, the suspect currently identified as "Kim D." started stabbing and slashing at the children and day care workers. The suspect murdered a 9 month old, a 6 month old, and a day care worker.

This violent crime has been a real shock to the families, school, community and Belgium as a whole. The story made international news. Apparently, the suspect had the address of other day care centers in his possession. It is unknown what motivated the suspect to commit these heinous crimes. Hopefully, justice will prevail on this matter. You can read more about this tragic story at Man Charged in Joke Day Care Killings.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, high school football is a taken very serious by school officials, parents, students, and the community. On August 20, 2008 - during the sweltering heat of summer, Max Gilpin, age 15 collapsed on the football field from heat exposure / heat stroke. Tragically, Max died 3 days later. His high school football coach, David Jason Stinson, has been charged with reckless homicide. While there have been many reported heat exposure / heat stroke deaths, it is uncertain if any other cases have resulted in the criminal prosecution of the coach who directed and required practice under these conditions. Did Coach Stinson's conduct amount to a conscious or reckless indifference to the health, safety, and welfare of the players? What was the temperature that day? What was the length of practice? How many water breaks were provided? What amount of fluids did Max consume prior to and during practice?

Regardless of the outcome of this criminal prosecution, the Max Gilpin case shows the dangers of football practice in the heat of the summer for teenagers college students, and others. It is well known that a lot of hard work, practice, and conditioning go into a high school football team. It is also well known that heat stroke and heat over exposure can and does happen.

You can read more about this story and some comments by the coach at Kentucky High School Football Coach Indicted for Player's Death.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge's ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.

Whether your child is injured in Connecticut or any other State, it makes sense to consult with an attorney as to liability or responsibility for the child's injuries when the injuries were caused by the negligence of a person or business. Florida is another State where the Supreme Court has invalidated liability releases of this nature. The rulings of the highest courts in both Connecticut and Florida make sense since the rulings favor the best interests of the child and safety over protecting a business or person from negligent action or inactions leading to personal injuries of death. You can read more about the Connecticut snow tubing ruling at Connecticut Supreme Court Strikes Down Liability Waivers as Against Public Policy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother of a five month old was recently given a five year prison term for drowning her own child in Milwaukee, Wisconsin. Arkisha Johnson was brought into a Wisconsin courtroom to receive her sentence. Arkisha Johnson is brought into the courtroom Wednesday for sentencing for drowning her 5-month-old son, Will, last year. This is a tragic story for the mother, child, the family and the community.

Arkisha Johnson was well known to be emotionally troubled by the State of Wisconsin Welfare System. As such, caseworkers knew or should have known that placing any child, especially a 5 month old, in her sole care and custody created a dangerous situation for the child. According to an investigation, caseworkers were aware of Ms. Johnson's instability and had been instructed not to leave the baby (Will Johnson) with her unless she was stable and taking all of her medications.

During the weeks prior to the drowning death of Will Johnson, Ms. Johnson was increasingly erratic and suicidal. It is unclear from newspaper reports what efforts (if any) the caseworkers took to determine if Ms. Johnson was stable and taking her medications. Of course, the worst thing that a caseworker can do is assume that everything is fine. Based on Ms. Johnson's troubled history and mental condition, would it be reasonable for a caseworker to assume that the child is in no danger if left alone with this woman? How much time if any was spent interviewing or speaking to Ms. Johnson prior to the fateful day that Ms. Johnson killed her child? What questions were asked?

The case of Will Johnson and other incidents involving other children have called into serious question the conduct, action, policies and procedures of Bureau of Milwaukee Child Welfare System and La Causa, a private child welfare agency.

In Wisconsin and other states, a test and license are required to operate a motor vehicle on the roadways. Those who fail the test or who do not have a license are not permitted to drive. Parents, on the other hand, do not typically take a test or need a license to have or care for a child. When a parent exhibits behavior or conduct that calls into question his or her ability to parent, Wisconsin and other States have a duty to step in to protect the child. In the case of Will Johnson, it appears that the State of Wisconsin and the La Causa dropped the ball in protecting this child.

You can read more about this story and other problems within the Milwaukee, Wisconsin child welfare system at Milwaukee Woman Gets 5 Year Prison Sentence for Drowning Death of 5 Month Old Son.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tacoma, Washington, a 6 year old boy -Sebastian Hizey - died when parts from a red monster truck came flying into the stand and hit the little boy. Another spectator was injured as well. The monster truck was spinning around doing donuts when parts flew 30 to 50 feet beyond and over safety barriers into the stands.

The boy's father, Jessie Hizey, was interviewed by the press and stated that a Frisbee sized piece of metal came flying into the stands and hit his son. Tragically, the hold incident unfolded right before the eyes of Sebastian's father.

There are other monster truck shows that are scheduled for the Tacoma Dome that will be going forward with the events. The promoter of the event, Feld Motor Sports, promised more inspections of trucks in monster truck shows and stated that the truck involved in the incident would be withdrawn.

Safety precautions are important for any monster truck show. Barrier should be erected to provide a shield and safe distance for spectators like the Hizey family. Furthermore, there should be a safety inspection and checklist for every truck entering the event. Questions arise from this incident as to what safety precautions were taken as to the red monster truck and others that were involved in the monster truck show. In particular it would be helpful to know the following:

Who owned the red monster truck involved in the incident?

What modifications were made to the red monster truck?

What repairs were made to the red monster truck over the past year?

What inspections were completed or required by Feld Motor Sports and / or the Tacoma Dome?

Many events print a disclaimer or release on the ticket as to injuries taking place at public events like monster truck shows. Some courts have upheld such releases or disclaimers and many courts have stricken such disclaimers or releases as against public policy. This is especially true when dealing with injuries to innocent children.

In addition to police and authorities charged with the responsibility to conduct an investigation into this death, the family has the right to retain its own attorney / lawyer as well as its own investigators including engineers, mechanics, and accident reconstruction investigator to conduct an private investigation into this matter.

You can read more about this story at 6 Year Old Boy Dies as Monster Truck Event in Tacoma, Washington.

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

A Louisiana helicopter heading for an offshore oil platform crashed in a Louisiana marsh leaving eight dead and one injured. It is a tragic incident for those in the helicopter as well as their families. The helicopter was operated by PHI, Inc. News reports state that the helicopter crashed a short time period after take off. The helicopter was operated by two pilots and had seven passengers. The crash took place near New Orleans in a marsh located in the Terrebonne Parish. The seven passengers were employees of two Shell Oil Company contractors as they were traveling to the oil platform. In most States, there are specific laws in place dealing with wrongful death worker's compensation matters. In addition, there may be a third party liability case against the helicopter operators, owners, and manufacturers for the wrongful deaths and personal injuries. The National Transportation Safety Board and other government agencies will conduct an investigation as to the cause of the crash. The NTSB will examine the flight recorders, wreckage, and other evidence and artifacts from this crash.

The victims of this crash were identified as Andrew Moricio, Ezequiel Cantu, Allen Boudreaux, Randy Tarpley, Jorey Rivero, Charles W. Nelson, Stevem Yeltin, Thomas E. Ballenger, and Vyarl W. Martin. The victims were from various States including Louisiana, Florida, Texas, and Alabama.

You can read more about this tragic crash at Helicopter Heading for Oil Platform Crashes in Louisiana.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Getting drunk can literally kill a child. In Indianapolis, Indiana, a mother was sentenced to 15 years of prison for suffocating her child. Police reported that Latasha McMorris (age 25) was found lying on top of 2 year old (Sheldon Bartley, Jr.) after she had passed out in a motel room in Indianapolis, Indiana. Officer reported that bottles of gin and vodka were found in the motel room. McMorris' boyfriend had called 911 about the incident.

Parents, caregivers, teachers, and day care workers should not drink while providing care or supervision of a child. Young children, especially those 2 and under, need diligent supervision to make sure that the child does not harm himself or herself. Sheldon Bartley, Jr. was unable to protect himself or understand the dangers of being near an intoxicated person. It is a sad ending to a life and a very poor example of parenting.

You can read more about this story at Mom Gets 15 Years for Suffocation Death of Indianapolis, Indiana Toddler.

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

Alex Angulo was one of thousands of children placed in a foster care by the Illinois Department of Children and Family Services. Recently, Alex was mauled to death by a family Rottweiler who was kept in the backyard. According to news report, the plan by the foster parent was to keep the dog outside and keep the child away from the dog. This poor plan obviously did not work and this child was mauled to death in the back yard while his caregiver was using a snow blower in the front yard. According to Cook County Public Guardian Robert Harris - the plan of keeping the dog away from the child was insufficient.

It appears that the ongoing presence of the dogs including the Rottweiler on the property posed a risks to small children like Alex. People become quite attached to their pets and they become part of the family; however, legally dogs are property and not legal family members in any sense. The health, safety, and well being of every child including those in foster care are paramount and superior to any desire to keep a pet. While the dog may have been confined to outside living arrangements, this was not enough to properly protect Alex from the real dangers of having a dangerous dog on the property. You can read more about the developments on this story at Chicago Illinois Department of Children and Family Services Knew that Child Lived with Rottweilers.

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

Matteo Hansen, an 18 month toddler, died as a result of injuries sustained at an apartment complex in Wilton, Maine. Further investigation by local police and the medical examiner's office indicate that the death was not caused by an accident but by homicide. As such, an arrest was recently made in this tragic case. Maine State Police report that David Cook, the 25 year old boyfriend of the mother, was arrested for the death of Matteo Hansen. The details of the autopsy and forensic evidence have not been released of yet. People in the community of Wilton, Maine are closely following this story as the death of Matteo Hansen. The Child Injury Lawyer Network would like to thank a concerned citizen of the Wilton, Maine community for alerting us as to the recent arrest of David Cook. Children are the greatest resource for any community. The safety of children should be the focus of parents, extended family, teachers, and the community in general. Unfortunately, child abuse and neglect continues to be a problem in small and large communities alike. You can read more about the Matteo Hansen story at Boyfriend Arrested for Toddler's Death in Wilton, Maine.

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

For decades, the United States Consumer Product Safety Commission (CPSC) has warned about the dangers of crib meshing. Between 1978 and 1985 when crib meshing was more common, CPSC records document 15 deaths. While deaths related to meshing have fallen over the years, about 50 babies die annually due to defectively designed cribs. Just two months ago, the CPSC announced the recall of 600,000 drop side cribs manufactured by Delta Enterprise Corp. after the death of an 8-month-old baby who suffocated when the drop side of his crib detached. The recall announcement is available at the CPSC’s website at Crib Recall - Delta Enterprises.

These are most troubling statistics. Even one death from an unsafe product is a tragedy. You can read another blog article about the death of a child from a crib mesh in Maine at 2 Year Old Strangled by Crib Mesh in Maine.

Every state including Maine has laws in place to protect consumers injured by defective products. Children can least protect themselves from unsafe products. While no award of damages can replace the life of a child, holding crib manufacturers accountably for defectively designed cribs that cause injury and death may result in safer cribs thus preventing similar tragedies.

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

While visiting Vinalhaven, Maine with his parents for the holidays, 2-year-old Noah Thompson died from strangulation after he entangled himself in a mesh covering placed on top of his crib. According to Maine Department of Public Safety spokesman Stephen McCausland, the boy apparently stood up and became entangled in the netting when he stuck his head out between the netting and the edge of the crib. You can read more about this tragedy at 2 Year Old Strangled by Crib Mesh in Maine.

Unfortunately in many instances, tragedies and deaths like the one to Noah Thompson are the only things that effectuate change and safety measures by government agencies, manufacturers, and businesses. Before a product is put on the market, it should be thoroughly tested and studied to make sure that the safety of the child is placed as the most important factor. Safety should be given the highest priority over price, form, function, and aesthetics or the look of the product.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Teenagers like to have fun. Sometimes teenage fun is a prank on a friend, neighbor, or strangers. Pranks like throwing fruit, vegetables, rocks, eggs, and litter can literally lead to serious injuries and death. The Columbus (Ohio) Dispatch published a very good article on this topic. The article cited several instances where a teenager, who thought he or she was playing an innocent or not so innocent prank, was seriously injured or shot by a person who was not in on the joke or prank. A teenager with a prank in mind can often be mistaken for a dangerous intruder, burglar, or criminal. The following tragedies were reported:

Young man (23 years old) was shot and killed after he and his friends threw tomatoes and paintballs at passing cars in Ohio;

Florida teenager (16 years old) was playing a prank on neighbor who thought the teenager was a burglar. Teenager was shot and killed by the neighbor.

Massachusetts teens put tractor trailers in a road as obstacles for drivers on the roadway. One driver accidentally hit one of the tractor tires, drove off the road, hit a tree, and had his vehicle catch on fire. The driver of the car died as a result of automobile accident related trauma and injuries.

You can read more about this topic at Pranks Lead to Serious Injuries, Deaths, and Criminal Charges - A Report by the Columbus (Ohio) Dispatch

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

In the Georgia and other states around the nation, there are negligence, liability, or fault laws in place. Some States have more favorable laws and rulings in place that others for children and families seeking compensation for personal injuries / wrongful death than others. A Georgia Court of Appeals decision in June 2008 ruled that the family of a child who drowned and died could not recover compensation from the apartment complex / property owner. The Georgia Court ruled in favor of the apartment complex owner since the Court determined that the child knew or should have known of the danger of the swimming pool when the child entered the apartment complex pool. The Georgia Court put the responsibility of the incident the child rather than the apartment complex. The ruling was made in the case - Rice v. Oaks Investors, II, Georgia Court of Appeals, A08A0434 (June, 26, 2008).

The apartment complex in this case had a duty to provide a safe environment for residents, children, and their guests. When the apartment complex owners decided to offer pool amenities to guests, it had a duty (in our opinion) to maintain a safe environment for children which included putting up reasonable barriers, gates, and locks. Each case should be evaluated on its own merits. It would seem reasonable that the actions of a 6 year old should be judged differently than those of a 17 year old. Due to the flexibility and ambiguity of many laws in Georgia and other States, it makes sense to get an evaluation / consultation from a Georgia child personal injury lawyer / attorney. The facts in a particular case may very well be different than those in the Rice case. Regardless of the civil liability or monetary liability in a particular case, an apartment complex, business, and home should take reasonable precautions to keep children away and out of pools which would include barriers, gates, locks, alarms, signs, and other measures to protect children from serious bodily injury and wrongful death. Children often times lack good judgment and appreciation for dangers. That is why it is so important to keep safety as the primary focus when offering any kind of play / recreational amenity like swimming pools and playgrounds for children.

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

The Federal Railroad Administration (FRA) was created by federal law (49 United States Code 103, Section 3) in 1966. The purposes of the Federal Railroad Administration include the enforcement of safety rail regulations and the development of policies to improve national rail safety. Children are often times the unfortunate victims of railroad accidents and incidents through the United States. A child who is seriously injured or dies in a railroad accident often time does not have a strong voice to lay out the facts or evidence as to the cause or reason for the accident / incident. Child injury lawyers who handle railroad cases have the knowledge and experience to collect the evidence from the Federal Railroad Administration and other sources to determine the "real" reason for a railroad tragedy or accident. Like any other business, railroad companies do not always step right up and admit a malfunction, negligent maintenance, or employee error when a child or adult for that matter is seriously injured as a result of a railroad accident. The Federal Railroad Administration (FRA) is an important government entity that helps collect evidence and data when there is a railroad accident / incident. Furthermore, the reporting requirements and other rules set forth by the Federal Railroad Administration (FRA) help to keep railroads in line to help limit or deter future tragedies from occurring. You can read more about the Federal Railroad Administration (FRA) at the Official Web Site for the Federal Railroad Administration.

States throughout the nation including Oklahoma, California, Texas, and Illinois are often the sites of serious personal injuries and wrongful death to children who were crossing railroad tracks or using areas near railroad tracks like bridges. Parents of child victims of railroad accidents frequently have more questions than answers when there is a tragedy. The Federal Railroad Administration can provide some of the answers. In addition, a Railroad personal injury litigation lawyer can also help provide some answers through further investigation of the incident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Lee Phillips, a 16 year old, died recently when he was hit by a train in Cramerton, North Carolina. The conductor of the train saw Joshua and blew the warning horn. Unfortunately, Joshua did not hear the warning horn as he was listening to his MP 3 player. It appears that Joshua was listening to his MP 3 player too loudly at the time of the tragedy. Joshua was walking home from South Point High School in Cramerton, North Carolina when the incident took place.

This incident is certainly a tragedy that should be using an important life lesson for parents and children alike. The same thing could have happened in a neighborhood or near a convenience store or grocery store. Children and adults alike need to pay attention to where they are walking especially when there are vehicles, trains, boats, or whatever else around. Part of paying attention is being able to hear and react to any warning signs whether it is a horn, someone shouting, screeching tires, or anything else. Of course, drivers need to pay close attention and slow their vehicles anytime there are children around. Far too many child injuries and wrongful deaths result from careless driving, speeding, and inattention.

The Joshua Lee Phillips incident was reported by the Associated Press at North Carolina High School Student Hit by Train.

By Jeremy Vishno, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Thousands of children are abused and neglected every year in the State of Connecticut. The United States Department of Health and Human Services, Administration on Children, Youth and Families, Children's Bureau reported that 13,285 incidents of child abuse took place in 2004. You can read more about these statistics and more at Connecticut Child Abuse and Neglect - Solutions to Save Lives and Prevent Crimes This figure represents the official number of incidents. Child abuse experts suggest that the actual number of abused and neglected children may actually be 3 times higher than this figure.

Tragically, children are abused and neglected in and outside of the home. The abuse and neglect can be physical and / or psychological in nature. Day care centers and child care centers are often times overloaded with children and lack competent and caring staff members to handle the special needs of young children. Many toddlers and infants cannot use their voices to report abuse and neglect and are often the silent victims of unreported or unseen incidents of abuse and neglect. It is important for families, extended families, teachers, friends, and others in contact with children to be aware of unexplained injuries, fractures, lacerations, eye injuries, facial injuries, bruises, and welts that appear to be suspicious in nature. Children, whether they are under the care of a parent, neighbor, friend, family member, or day care / child care center, are entitled to be cared for in a safe and decent living environment. If there is a suspicion of abuse or neglect, the Connecticut Department of Children and Families should be contacted. In addition, it may be helpful to consult with a Connecticut child injury attorney to discuss your the rights of the abused and neglected Connecticut child.

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

The State of Oklahoma recorded 832 train related personal injuries during the years from 2000 to 20007. Tulsa County, Oklahoma led all Oklahoma counties with 14 personal injuries per year. Most injuries (including those to children) are minor which include bruises and sprains. However, some injuries were devastating and even resulted in deaths of adults and children. Some injuries involved crushing type of injuries and there were 17 reported amputation type of injuries. Almost 150 railroad related deaths occurred in Oklahoma alone during this time period.

Over 60 percent of Oklahoma's train-vehicle accidents took place at crossings where there no gates or flashing lights. Safety experts argue that fatalities and injuries can be significantly reduced with better markings, lighting and technology. Of course, the railroad industry argues that the cause of many injuries and death were attributed to negligence and carelessness of the automobile drivers. You can read more about Railroad / Train Related Deaths and Injuries at Tulsa County Oklahoma - Leader in Train Derailments in Injuries.

Federal, state and local Oklahoma officials typically investigate most incidents of serious injury and death. In many cases it is helpful to have the advice and guidance of an experienced Oklahoma personal injury attorney who work with private investigators, engineers, and safety experts. A train / railroad related serious injury or death can be quite devastating to the victims and their families. It is unfortunate when these type of injuries and deaths take place when safety measures, due care, and attention could have avoided the incident.

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

The Maine Child Death and Serious Injury Review Panel was established by Maine State Statutes to study the causes and incidents of serious injuries and child deaths in the State of Maine. The Panel reviewed 45 deaths deaths and serious injuries that took place between 1998 and 2003. The Panel is mandated by Maine Statutes. The Panel has a very small staff and has many cases to review. When there is a child death or serious injury in Maine, a personal injury attorney and law firm can also help investigate the cause and manner of death or serious personal injury. Many children in Maine and the New England area are the unfortunate victims of serious injury or death from automobile accidents, pedestrian accidents, bicycle accidents, bus accidents, drownings, head traumas, accident and intentional shootings, and abuse / neglect.

According to the study by the Maine Panel, the most common causes of death were caused by head trauma and asphyxia. The study concluded that both professionals and residents in Maine alike missed signs and symptoms of child abuse and neglect. The study also noted that some psychological testing of parenting skills and abilities were of poor quality. Maine families were noted to be aware of the issues and dangers of gun ownership, but the panel still stressed the importance of gun safety. The 66 page study on deaths and injuries to Maine children can be accessed online at Report of Maine Child Death and Serious Injury Review Panel. You can read more about the mission, purpose, goals and staff of the Maine Child Death and Serious Injury Review Panel at State Spotlight - Maine - Child Death and Serious Injury Review Panels.