Articles Posted in New York

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By Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn New York and other States, parents rely on family members, friends, neighbors, and others to serve as babysitters. While most babysitters are very caring individuals, there are some babysitters out there who lack the training, experience, personality, responsibility, and / or temperament to effectively serve, work, or volunteer as a babysitter. While it is often times helpful to do a background check on a babysitter, this is not always practical and many parents lack the funds or know how in conducting a background search on the babysitter. Some babysitters may have a clean criminal record but still present a danger to the child entrusted to the babysitter’s care. When the actions or inactions of a babysitter results in a the harm or injury to a child, there may be legal ramifications to the incident:

Published on:

By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Playground%20Slides%20Personal%20Injuries.jpegChildren are often times injured on playgrounds at schools, day care centers, community associations, counties, cities, and other locations. When a child suffers an injury at a playground, there may be a civil claim or case for the personal injuries suffered by the child. Some child personal injuries that take place on a playground center are actionable due to the negligence of the school, day care center, property owner, adult supervisors, and / or the manufacturer of the playground equipment. Of course, there are some risks with any playground center; however, if an injury resulted from a dangerous design or defect, improper maintenance, or improper supervision, then a civil action or claim may be warranted to pursue damages and compensation for the child’s injuries.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgIn New York and other States, hazing is a tradition or problem that continues to victimize children in elementary school, middle school, and high school. In many instances, the tradition or initiation of hazing goes unpublished and there is a degree of tolerance for the bad acts of members, athletes, or students who commit these bad acts. Many schools have anti-hazing policies and procedures in place. The enforcement of these policies and procedures is not so easy and it a challenge to spot hazing activities and to punish the wrongdoers.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn Buffalo, New York and other communities, it is vital that drivers follow traffic regulations and speed limits especially in areas where children are pedestrians or bicyclists. Unfortunately, many children suffer personal injuries and some even die due to the negligence of others. In Buffalo, New York, the Buffalo Police reported that a 9 year old child – Daspan Niroula – died after he was hit and killed by a day care bus. The boy’s brother – Chandra Niroula – age 16 – stated that the bus ran a stop sign. Police will fully investigate the accident since a death resulted. The driver drove the bus for Lil’ Workers Child Development Center, a state-licensed child care business run by Greater Works Christian Fellowship Church. See Boy Struck by Day Care Center Van – Police Investigating.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

fire%20rescue%20red%20paramedic%20vehicle.jpgIn Monroe County (North Greece) New York, a child injury was reported at the YMCA located on Long Pond Road. Fire fighters / paramedics with Monroe County EMS responded to the YMCA and reported that a child was in a crawl tube with a neck injury. The story was posted on the site Monroe County Fire Wire which is a website owned and managed by Scott Ellman who is a firefighter with the Brighton Fire District. The website provides good public service information to residents served by hard working men and women who work as firefighters and paramedics in the area. See Child Injury Reported at New York YMCA.

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By Steven Smith, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

handcuff.jpgAccording to police, an investigation of an alleged sex offense at a privately run New York day care center has led to criminal charges against a 15-year-old. Chief Roland Nenni said that the youth was charged with first-degree sexual abuse and endangering the welfare of a child. The alleged incident occurred at the day care center on East Park Street in Orleans County within the past year. The investigation was completed with the help of the Orleans County District Attorney’s Office, the state of Office of Children and Family Services and the Justice for Children Advocacy Center. No information about the perpetrators identity has been released due to his status as a juvenile offender, said Nenni.

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

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A former basketball coach for Christ the King men’s basketball team recently admitted to molestation allegations dating back to the summer of 1976. Former Coach Bob Olivia will receive five years probation for abusing his then 14-year-old player, James Carlino. Olivia must also register as a sex offender, wear a GPS device, and is not allowed to coach or have contact with a child under 16. Carlino, now 49-years-old, claims he was molested by Olivia on trip to watch the Yankees play the Red Sox and then at least 100 times after that. Carlino also claimed the sexual abuse occurred over a 4-year period when he played youth basketball at St. Teresa of Avila Parish and St. Mary Gate of Heaven Parish, both located in Queens, New York. Carlino was between the ages of 12 and 16 when the sexual abuse occurred and Olivia was his coach. Carlino filed a $20 million dollar lawsuit in Massachusetts, because state law dismisses the statute of limitations if a defendant is from out of state. Two other men have since come forward alleging similar allegations. For more read Former youth basketball coach pleads guilty to sexually abusing his former players.

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

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With increasing public awareness about head injuries due to game-related impact, it is no surprise that state legislatures are enacting laws to help protect youth athletes from sports-related brain injuries. With the start of the new year, New Jersey Governor Chris Christie signed into law a concussion bill that will create a comprehensive awareness and prevention program about these types of injuries. According to research from the Nationwide Children’s Hospital and Ohio State University, there were nearly 400,000 concussions in high school athletics during the 2008-2009 school year. The same research study also concluded that 16% of football players who sustained concussions, which were severe enough to lose consciousness, were back on the field the same day. Most youth athletes are so eager to play that they downplay severe injuries. Coaches, parents, and guardians are also failing to recognize the severity of the youths’ personal injuries. The main problem with downplaying or not recognizing serious injuries is that the injured youth becomes susceptible to Second Impact Syndrome. SIS is where the rain swells from a second concussion before fully recovering from the first, which causes pressure on the brainstem and can cause coma, brain damage and even death. The goal from these programs is to ensure the youth athletes can handle simple physical challenges and exercises before putting them back into play. For more on this topic see State legislatures enact laws to protect youth athletes from brain injury.

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By Robert Fernicola, Attorney, Steven Smith, Attorney, and David Wolf, Attorney

Published by Child Injury Lawyer Network

mop%20bucket.jpgKristal Khan, a babysitter from Queens, New York, ran an unlicensed day care center out of her home. She is accused of becoming extremely drowsy and falling asleep after drinking NyQuil cold medicine while babysitting 11-month-old James Farrior III on June 15, 2009. James allegedly fell head first into a mop bucket full of water and drowned. Kahn is accused of not waking up because she was in a cold medicine-induced sleep when James fell into the bucket full of water in Kahn’s Richmond Hill home. Kahn is being tried on reckless assault charges and could face up to four years in prison if convicted. More troubling is Kahn’s emotional state or, better put, lack thereof. Prosecutor Leigh Bishop stated the state will produce witnesses, firefighters and police who will testify that Kahn was “calm and without emotion” in her statements after the incident. NYPD Detective Brian Simonsen testified that Kahn showed no emotion was neither sad nor frantic when she gave her written statement a mere 2 hours after the death. For more details on this case and to see a video of Kahn please see Drowsy babysitter case of Queens, New York goes to trial.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

building%20blocks.jpgA Pittsford, New York day care center is being investigated after a child came home with a fractured skull. To this day, parents still do not know how the incident happened. After the incident, a local news team learned that the day care center, Storybrook Child Care, was cited for serious violations. In May, the little boy was sent home with a head injury and the day care did not report or document the incident. The boy’s parents discovered the injury by giving him a kiss on the head one day. After stumbling upon their son’s injury, the parents immediately rushed their child to the hospital; the infant’s head had begun to swell and he was diagnosed with a skull fracture.