Articles Posted in State Specific Articles

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

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In Des Moines, Iowa, an infant is in the hospital in critical condition. The parents were arrested by law enforcement authorities for child endangerment charges. The parents, who are both 20 years old, turned themselves into authorities at the Des Moines police station. Ethan Neiderbach, who is only 7 weeks old, suffered severe head injuries and fractured ribs. Ethan was reported as being treated at Blank Children’s Hospital. The parents claim that they did not know how the child suffered such injuries. Police report that doctors have indicated that the injuries were intentionally inflicted. In a case of this nature, the reports, opinions, and examinations of the medical experts will be an important piece of the puzzle to determine the events and causes of this child’s injuries. You can read more about this story at Parents Arrested for Child Endangerment in Des Moines, Iowa for Child Endangerment Charges.

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By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Arizona Department of Health Services – Division of Licensing Services – Office of Child Care Licensing has the responsibility to regulate and monitor day care centers / child care facilities, public school care programs and child care group homes across the State of Arizona. Before selecting a day care center / child care facility for a child, parents and caregivers should do some research and investigation as to the licensing and enforcement history of the facility. In addition, a parent or caregiver should visit or screen the facility before enrolling the child in the day care program. You can look up a day care center / child care facility and get basic information and licensing information for the facility at Child Care Provider – Search Form.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

vehicle%20car%20keys%20alarm%20black.jpgThe Colorado Department of Public Health and Environment recent held a symposium in Denver. Statistics were reported at the symposium regarding child deaths from automobile accident. Statistics show that the number of deaths from automobile accidents of children (age 0 – 20) dropped by forty four percent between the years of 2003 and 2008. The event / symposium was held as part of a campaign of awareness and prevention by the Center for Disease Control and Prevention.

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

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In New York and other States, it is common to see and read about automobile accidents and trucking accidents. It is not so common to see or read about accidents between a lawn mower and a bicycle. In Ontario County, Richmond – New York, a boy suffered minor personal injuries when he lost control of his bicycle and then was hit by a moving riding lawnmower. The blades from the mower were not in motion at the time of the crash. Linda Piacente, the lawnmower driver and operator, got off of the mower and lifted it off the boy who suffered minor abrasions to his back, shoulder and hand. Fortunately, tragedy and serious personal injuries were avoided in this incident. You can read about this story at Boy Avoids Serious Injuries in Crash with Lawn Mower in Richmond – Ontario County, New York.

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By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Some people should never been allowed to be parents. In Maryland, Renee Bowman is one such person. She is charged with abuse and murder of two girls were were killed and placed inside a freezer. More than 3 years old, police investigators believe that Ms. Bowman killed the two girls. Prior to killing the children, it appears that both children were victims of child abuse as well. The two girls died a very tragic death. Minnet Bowman (age 9 at death) and Jasmine Bowman (age 7 at death) deserved much better from Ms. Bowman. This is an understatement in that they were allegedly murdered by Ms. Bowman. Even after death, Ms. Bowman continued to accept public benefits for the children. Obviously, these funds did not go towards any care, food or services for the children. During the girls lifetimes, Ms. Bowman proved to be a horrible caregiver who frequently locked the girls in their room and made them toilet in a bucket. You can read more about these disturbing and tragic crimes at Maryland Mother Faces Criminal Charges for Abuse and Murders of Children.

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Teachers make mistakes. They are human. However, when a teacher makes a mistake, it can have larger consequences since children are often times involved. In Elk Grove, California, Crystal Defanti sent a DVD home with the children at the end of the year. Unfortunately, Ms. Defanti had 6 seconds or so of Ms. Defanti engaged in a sex act on the DVD. The Elk Grove Unified School District asked the families to return or get rid of the DVD. It is unknown from news report what penalties (if any) will be handed down to Ms. Defanti for distributing such a video. Whether you are a teacher or any other person, it is never a good idea to have yourself video taped while having sex. I am sure that Ms. Defanti wished that the video clip never existed in the first place. You can read more about this story at California Teacher Mistakenly Sends DVD with Sex Act Out to Her Students.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Indiana and other States, law enforcement officers arrest people every day for dealing drugs and for other illegal activities. Drug dealing can often times lead to violence and negligence that leads to the harm of innocent third parties including children. That is why it is important for law enforcement and communities to keep drug dealing away from schools and day care centers. In Richmond, Indiana, law enforcement officers arrested three people suspected of drug dealing within 1000 feet of a day care center. All three criminal defendants sold drugs to the same undercover agent. Members of the Wayne County Drug Task Force and Police Department should be commended for their efforts to enforce the law and keep areas in and around day care centers safer. You can read about this story at Three People Facing Criminal Charges for Drug Dealing Near Richmond, Indiana Day Care Center.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Over this summer, there have been many reported deaths, injuries, and incidents involving children left in cars by parents, caregivers, and day care centers. The New Jersey Coalition of Automotive Retailers and the Department of Children and Families are partnering to promote a child safety awareness program of the dangers of leaving a child unattended in a vehicle. The theme of the program is “Not Even for a Minute”. This is a great phrase to use and actually very practical advice. Be consistent and diligent with your children. Always supervise them and do not leave them alone in a vehicle. When unsupervised or unattended in a vehicle, a child can suffer injuries related to hyperthermia (extreme heat), hypothermia (extreme cold), strangulation (by seatbelts, power windows or other objects), choking (small objects including coins), and other injuries. You can read more about the New Jersey safety awareness program at New Jersey Automobile Retailer Group to Promote Child Safety Awareness.

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Insurance%20contract%20documents%20liability%20stacked%20papers.jpgIn Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.

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By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Many school districts including some in Arizona have a zero drug tolerance policy. While it is important to keep drugs out of schools, enforcement of this policy needs to be done with humanity, common sense, and within the confines of the United States Constitution. The Supreme Court of the United States ruled that school officials at the Safford Middle School (Arizona) violated a student’s rights when she was strip searched for prescription strength Ibuprofen. The Court noted that a child cannot be forced to remove her clothing unless it is deemed that the child’s health is at risk. Savana Redding was 13 years old at the time of the incident. Legal scholars and experts point out that this Court decision still leaves many questions and issues unanswered. Since strip searches may be appropriate in extraordinary circumstances, it appears that the issue of strip searches in schools will continue to be litigated and debated for years to come. You can read more about this important Court decision at Supreme Court Rules that Arizona Middle School Strip Search Was Illegal.

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