By David Wolf, Attorney
Published by Child Injury Lawyer Network
Zachary Christie, a six-year-old first-grader, was suspended and was facing 45 days in an alternative school for troublemakers for taking his favorite camping utensil to school. The utensil was a combination knife/fork/spoon that the child had planned to use to eat his lunch. The child was expelled under the school’s guidelines for dealing with children who bring weapons to school or commit violent offenses.
By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Richmond, California, police and investigators continue to search for witnesses and participants in a horrendous gang rape incident that took place outside of a homecoming dance. Police recently reported that at least 10 participated in the assault while 10 others watched. What a terrible and unforgivable incident? The ten who participated are criminals and should serve time for their crimes. The victim was 15 years old. An interesting law passed in 1999 in California makes it a crime for the failure to report a crime committed against a child 14 and under. While the witnesses may not have committed a crime under this law, their lack of action and contribution as spectators should certainly be scrutinized and categorized as a crime if possible under other California statutes, ordinances, and / or case law. Forensic evidence has been collected which includes DNA evidence of several of the criminals involved in the assault. It was reported that the assault took place over a 2 1/2 hour time period. Even the Richmond, California School District has admitted some liability for these acts by the statements of Charles Ramsey, a member of the Richmond School Board. Mr. Ramsey stated that the school district bears some responsibility for the attack (assault) based on the lack of or inadequate supervision in the area of the attack. You can read more about this story and the related investigation at As Many As 20 Involved in Assault on 15 Year Old California Girl Outside of Homecoming Dance.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In December 2008, an electrical space heater caused a fire at the Heavenly Angels Daycare in Alamo, Tennessee. The fire injured three children: two two-year olds and a three-year old. The children were rescued from the fire by Alamo Assistant Chief Kevin Sugg, who was off duty at the time. All three were treated for smoke inhalation, and the three-year old also had burns on his face. The owner, Kathy T. Humphrey, was charged with child abuse and neglect of a child under the age of six.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.
By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In New York and other States, day care operators have a duty to provide for the health, safety and welfare of children. It is well known that small children are at risks for choking on certain food items like carrots, grapes, and hard candy. Children are also at risks for choking on change, small toys, and other common items. A day care owner should take precautions to keep choking hazards away from small children cared for in the facility. In New York, a lawsuit was recently filed by a family regarding the death of a two year old who choked on a carrot. According to a story posted in Newsday.Com, the day care center (Carousel Day Care Center) located in Hicksville, New York frequently gave children carrots to eat the day care center. This dangerous practice led the the choking death of a 2 year old child.
By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Dolton, Illinois a special needs child was assaulted by a police officer, at a school. The police officer’s actions and abuse were captured on videotape. Apparently the police officer became upset when the special needs child, Marshawn Pitts,15, had his shirt untucked. The fact that this child’s shirt was untucked became the reason for this inexcusable assault on a brain damaged child is beyond comprehension.
By Scott Soutullo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Opp, Alabama, two children were taken to the Opp (Alabama) Mizell Memorial Hospital for personal injuries that were sustained in a school bus accident. Another student was later transported to the hospital by a school staff member. The other vehicle involved in the accident crashed into the side of the bus as the bus was turning. The driver of the other vehicle had to be removed or extracted by the vehicle by a jaws of life device.
By Alice Richter, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The South Carolina Department of Social Services is the state agency that regulates and licenses day care centers in the State of South Carolina. It has been reported that Little Scholars Child Development Center based in Columbia, South Carolina has been cited with a number of day care / child care violations. This day care center was recently in the news for allowing 4 toddlers to play near a busy roadway. News 19 – South Carolina discovered that this day care center had been cited 10 times for violations since December 2009. Due to the number and severity of violations, the Department of Social Services issued a letter to the owner of the day care center instructing the owner to comply with a corrective plan of action. You can read more about this story and view the language in this letter at South Carolina Day Care Center Cited for Violations – License At Risk.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Wilmington, Delware, a 19 month old boy wandered away from a day care center. He was found crawling on a sidewalk near a busy intersection. In Delaware and other States, there is a problem with day care supervision of children. Fortunately, ths child did not suffer any serious child personal injuries. The fact that the child was not injured does not excuse the failure to supervise and the failure to have safety precautions in place to prevent this incident from taking place. It was reported that a parent may have left a gate open. Since parents are not trained in day care supervision or facility safety, it is the responsibility of the day care operators and staff members to make sure that safety precautions are in place that account for acts that a parent may take while at the day care facility. You can read more about this story at Toddler at Delaware Day Care Center Wanders Out of Facility.
By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Playgrounds are present in every community and most every elementary school in the United States. Most playgrounds are equipped with a slide. Unfortunately, children suffer injuries when using playground equipment including swings, ladders, monkey bars, slides, and other areas. With respect to slides, many parents and caregivers enjoy sliding down slides with small children on their laps. A medical study conducted by John T. Gaffney, D.O., Orthopaedic Surgeon with Winthrop Orthopaedic Associates in New York was reported in the Journal of Pediatric Orthopaedics. Dr. Gaffney studies the relationship between child injuries on playground slides and the cause or mechanism of these child injuries. The study found cases or incidents that showed that parents, who slide down slides with their small children, can often be the cause of fractures to their children. As child and parent go down the slide, the child’s foot or slide can get stuck on the slide. Due to the weight and force of the parent, an injury can result to the child’s leg or foot that gets stuck. You can read more about this story at Playground Slides – Risks of Injuries to Small Children.
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