Child Injury Lawyer Blog
By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Texas and other States, falling tree branches can cause serious personal injuries to children and other visitors to homes. Because of this, it is important for homeowners and all property owners to maintain trees and landscapes so as to prevent personal injuries to children and other visitors. A homeowner could be liable for a fallen tree branch depending on the laws for the particular State. Some States Courts assess faults if the homeowner knew or should have known of the dangerous condition of the tree or tree branch. If there was visible rotting or weakness with a tree branch, then this could serve as the basis for liability against a homeowner.
Many children and parents believe that a BB gun is a toy and posed no real danger to children. Many child safety advocates would disagree. In Logansport, Indiana, a 6 year old girl suffered personal injuries when she was accidentally shot in the head by a BB gun at a younger friend’s house. The younger friend was only 3 years old. Lt. Cathi Collins with the Logansport Police Department reported that the 6 year old (Ariana Roman) was be treated and monitored at the Fort Wayne Hospital – Pediatric Intensive Care Unit. The BB gun shot incident caused damage to an artery in the brain and a skull fracture. The BB gun at issue was placed on a shelf but was still within reach of the children.
In Austin, Texas and other cities, parents, caregivers, day care providers, child care providers, and, yes, babysitters should recognize that small children are at risk of serious personal injury from any act of pushing shoving, hitting, shaking, and / or punching. Infants and toddlers will cry. They will disobey and they will throw fits. Child care providers must recognize that small children are small children. In dealing with children, the answer should never be to raise a fist to the child, to push the child, or to shake the child. This is especially important since small children are at risk for Shaken Baby Syndrome which can lead to serious permanent brain injuries and in some instances death.
It is unfortunate, but it happens too frequently: a child becomes injured at a day care facility. Thereafter, an investigation is initiated and the investigation reveals the facility was not properly licensed or has otherwise violated state codes. The State of Wisconsin is now working towards strict compliance with state codes regarding the regulation, licensing and inspection of day care facilities. Among these types of regulations include but are not limited to: weekly checks of smoke detectors, rules to keep diaper changing areas and bed linens clean, rules requiring supervision, car seat checks and approved menus for the children. Also, the state requires day care providers to keep logs of the children’s activities and security systems, including fire alarm drills and other disaster drills. Background checks of staff members is also required.
The Iowa Supreme Court recently handed down a decision that ruled that child injury waiver forms are not enforceable. The case involved a release form used for field trips in the Mid Prairie and Keota School Districts. The ruling makes sense as the use of these documents is really against the public policy. While a school is not liable for every single injury or unforeseeable event that takes place, a school or teacher should not be able to hide behind a blanket waiver form when there is an injury that was caused by negligence or inappropriate supervision. No form or document should give a school district or any other institution that cares for or educates children a free reign to cause injury without any consequences. You can read more about this story at 
Although parents should protect their children from being bullied, one Connecticut mother did not address the issue correctly. Sylvia Mojica of Hartford, Connecticut was arrested and has been charged with risk of injury to a minor after she sent her son to school with a BB gun and knife. Apparently, Mojica gave her son the weapons to fend off bullies at school. Now, not only is Mojica facing criminal charges but her son may be expelled or suspended for bringing the gun and blade to school.
In South Bend, Indiana, Notre Dame is the epicenter of the town with deep roots in football. While football is often a time for celebration, tradition, and fun, there was a recent story that brought news of tragedy. Declan Sullivan was filming Notre Dame football practice from a video tower. For some reason, the tower collapsed and caused serious personal injuries which, in turn, ended the life of this 20 year old student from Long Grove, Illinois.
Halloween is just right around the corner. Although this holiday is a time for fun, it is also a time for injuries. Halloween means lots of children will be walking on streets and roads. Luckily, Halloween falls on a Sunday this year so there will not be a heavy afternoon commute, but there will still be cars on the roads. It is very important that children wear costumes that drivers will be able to see. Costumes should also not inhibit a child’s sight.