Child Injury Lawyer Blog
By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Deputy sheriffs in Madison (Dane County) Wisconsin recently arrested 8 different drivers in various incidents in and around Madison, Wisconsin for OWI (Operating While Intoxicated). While there was no special task force or overtime put in place over the weekend, drunk drivers were out in numbers wreaking havoc on the roadways in Madison, Wisconsin. One drunk driver even crashed his vehicle in to a police car. Another driver was found parked while making a turn. She was arrested for OWI. People who drink and drive should not only think about the criminal consequences but also the civil, social, and moral consequences of such dangerous and reckless behavior. Too many children, teens, and adults have suffered serious personal injuries and wrongful death due to drunk driving / OWI. The best way to reduce drunk driving / OWI is through planning. If you plan to have some drinks at home, restaurant, or bar, make sure that there is a designated driver lined up. If there is no designated driver lined up, do not drink, call a friend for a ride, get a cab, or stay put. The safety of Wisconsin’s children and adults is much more important than the joy, buzz, or fulfillment of getting drunk.
Parades are places for celebration. Parades are also places of tragedy far too often for young children who are in the parade or merely watching the parade. In a Beaumont Texas Christmas Parade, Aaliyah Carter (age 11) was killed after falling and being run over by a parade float. Aalliyah attended Homer Elementary School in Beaumont, Texas. According to parade witnesses, Aaliyah was running alongside the truck when she tripped over another girl. The driver, who apparently was not aware that the girl was in the road, ran over the girl who was crushed by the parade float wheels. Aaliyah was taken to Christus St. Elizsabeth Hospital where she was pronounced dead on arrival from castastrophic head wounds. You can read more about the parade accident involving Aaliyah Carter at 
A Delaware County, Indiana mother (Sherri Feuston) was recently charged with neglect of a dependent, battery, and confinement. Prior to sending her 9 year old son to work, Feuston held down her down and scratched the b—– word on her son’s forehead. After showing up at school for derogatory graffiti on his forehead, Selma Elementary School officials contacted the police. When questioned by authorities, Feuston admitted to the incident but stated that it was just a joke. This “so called joke” got Feuston arrested and subjected her to the criminal charges.
The State of Alabama has special laws in place pertaining to the liability of owners for dog bites. Children in Mobile, Birmingham and other Alabama cities and towns are especially at risk for serious injuries from dog bites to the size and strength of the child as compared to many medium and large sized dogs. Furthermore, many children lack the judgment and experience with dogs to know when there is danger lurking nearby. In Alabama, a dog owner is liable for damages / injuries caused by a dog bite when the incident takes place on the dog owner’s property or when the dog chases a person off the property and pursues the victim of the dog bite. The Alabama dog bite statute is narrowly defined. Even if the dog owner is liable under the Alabama dog bite statute, the dog owner can still argue or file a pleading that the damages should be limited to actual damages (i.e. medical bills, loss of wages, and other economic damages) by alleging that the dog owner had no knowledge or reason to believe that the dog was dangerous. You can read through the dog bite statutes at the
A New York middle school teacher (Ellen Bernstein) at Haverstraw Middle School in Rockland County decided to illustrate concepts of slavery with two teen students by binding the students. One student was white and one was black. The teacher bound the feet and hands of both students. The black student (Gabrielle Shand) did not volunteer for the lesson and when she returned home later that day was in tears in recounting the public school lesson with her mother. The local NAACP has stepped in to protest the lesson and conduct of the school teacher.
The City of Milwaukee, Wisconsin and other communities have instituted curfews for children / teens in an effort to protect children and to reduce crime. Parents often times face a battle with strong minded teens who do not want to follow a parent directed curfew. It is one thing to ignore a parent’s rules and demands. It is quite another to ignore curfews set forth in laws and ordinances. Safety and law enforcement experts believe that curfews mandated by cities can often have a strong deterrent on juvenile crime. As an example, recently in Milwaukee, Wisconsin, in the 2400 block of W. Chambers Street, at approximately 4:00 a.m., a 16-year old boy, who was suspected of a curfew violation, was arrested and found to have 37 Ecstasy pills. The juvenue was arrested after attempting to flee from Milwaukee police and after he was seen tossing a gun / firearm. He was observed standing in the street, next to a car, speaking with others on the street and in the car. Pending charges include possession with intent to deliver, carrying a concealed weapon, and possession of a dangerous weapon by a child. You can read more about this incident at 
KCCI Des Moines Iowa TV Station did an excellent study and program on distracted drivers. Distracted driving can result from common everyday activities that do not exactly combine well with the physical and mental requirements of operating a motor vehicle. While driving, many people eat, sing, talk, read, check e mail, text, and multi-task. Motor vehicles in many states are referred to as “dangerous instrumentalities” since a minor mistake or a second or two of inattention can lead to serious adult and child injuries and, in some instance, death.
Joshua Lee Phillips, a 16 year old, died recently when he was hit by a train in Cramerton, North Carolina. The conductor of the train saw Joshua and blew the warning horn. Unfortunately, Joshua did not hear the warning horn as he was listening to his MP 3 player. It appears that Joshua was listening to his MP 3 player too loudly at the time of the tragedy. Joshua was walking home from South Point High School in Cramerton, North Carolina when the incident took place.