Child Injury Lawyer Blog
By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In the United States, there has been a debate for years as to the parents right to inflict corporal punishment upon their child. Some parents use corporal punishment because that is the way the parent was raised. Other use it because there is a belief that corporal punishment shows authority and to some love. Yes, some believe that corporal punishment is an act of love that parents show to their children that the parents care. There can be a number of reasons that a parent inflict corporal punishment upon a child. Many safety child advocates believe that corporal punishment is just another mode of domestic violence. Children should not be subjected to injury or harm from corporal punishment. To many, corporal punishment is just a lazy, outdated, and barbaric way to discipline a child. A study conducted by Murray A. Straus (University of New Hampshire, Durham, New Hampshire) and Mallie J. Paschall (Prevention Research Center, Berkeley, California) indicates that there may be a link or association between corporal punishment / spanking and a child’s IQ.
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In Monterey, California, William Aguirre-Fajardo, age 24, has been arrested on charges of child abuse and other criminal charges involving the death of a 8 month old boy. Aguierre-Fajardo was arrested following a report from the Lucile Packard Children’s Hospital in Palo Alto, California to Monterey, California police investigators. Mr. Aquierre-Fajardo claims that the child fell. Investigators and medical providers believe that the child actually died from Shaken Baby Syndrome. The injuries according to preliminary investigation were inconsistent with Mr. Aguierre-Fajardo version of the incident leading to injuries to the child. Medical providers including emergency room nurses and doctors have a duty to report any child who is the suspected victim of child abuse and neglect. Medical providers do not need to be absolutely certain that there is abuse or neglect. You can read more about this story at 
In a bizarre twist on leaving children in cars, a 12 year old boy has been charged with felony murder and cruelty to children in the death of his five week old cousin. The baby was left in a car by the mother at a store in Cobb County, Georgia. The 12 year old boy was apparently left in the car to watch the baby. When the mother came out, the baby was not breathing. The baby was taken to the hospital but died the following day.
Children with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age – 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.
In May and June of each year, there are high school graduation parties. This should be a time for celebration and reflection of the milestone of graduating high school. Unfortunately, some high school graduation parties turn from sites of celebration to sites of tragedy, personal injuries, and death. In Mesa, Arizona, a police officer and 10 year old child were injured at a high school graduation party. Another man and woman were killed at the party while two others were injured by gunshot wounds. There are many reasons why disputes take place at high school parties. Sometimes, it is a fight over a girlfriend or boyfriend. Sometimes, it is alcohol or drugs that make people violent unreasonable, or dangerous. When you combine any of this with the use of a gun, there can be trouble.
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.