Articles Posted in State Specific Articles

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In South Carolina, working parents and families rely on day care centers to provide a safe and healthy environment for their children. Day care centers in South Carolina are regulated by the South Carolina Department of Social Services (otherwise known as DSS). While a day care center is required to be licensed, many South Carolina day care centers / child care centers operate without a license and without any government oversight. Even ones that are licensed are not inspected that frequently. As such, it is important for South Carolina parents to inspect the day care center before admission and during admission and at different times of the day. Parents should speak to day care workers to find out more about the worker and about the facility. It is also helpful to speak to and befriend other parents who have children at the day care center to help oversee the care for your child and others. Being proactive and inquisitive can go a long way to making sure that the day care center provides a safe and healthy educational environment for children. South Carolina child care facilities that cut corners, bypass licensing requirements, and that focus solely on fees or profits often times fail to follow general safety guidelines which in turn lead to serious personal injuries of children under their care. For more information on this topic, see Parents Should Be Proactive in Evaluating and Monitoring South Carolina Day Care Centers.

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By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Three elementary school students were injured after a loaded pistol, which was brought to the school by a 6-year-old boy, accidentally discharged at Betsy Ross Elementary School in Central Houston, Texas. The children’s injuries were said to be non-life threatening. However, each kid was taken by ambulance to a nearby hospital. According to police, it is unclear how the boy obtained the gun or who owns the firearm. The 6-year-old who brought the weapon to school sustained personal injuries to his leg by what officials think was a bullet. The other children, a male and female, both 5-years-old, appeared to have been hit by flying debris or shrapnel. None of the children were identified. The incident happened in the cafeteria, apparently the loaded pistol fell out of the boy’s pocket as he went to sit down. For more read 3 kindergarten students wounded after boy brings gun to Houston elementary school.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

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Alexis George a 6-year-old girl of Conway, Arkansas, tragically died after she was hit by a vehicle while crossing the street on her bicycle. Alexis was following her siblings across the street when she was struck by the vehicle. The children were crossing Sapphire Street traveling towards Meadowlake Street. Her siblings made it across safely, however, Alexis came into contact with the left front end of an oncoming automobile. The contact caused Alexis and her bicycle to be thrown over the vehicle. She was taken to Conway Regional Medical Center and subsequently transported to Arkansas Children’s Hospital, where she was later pronounced dead. La Tresha Woodruff, public information officer for the Conway Police Department, said Alexis died as a result of the personal injuries she sustain in the collision. For more read 6-year-old Arkansas girl dies of personal injuries after bicycle struck by car while crossing street.

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By Robert Fernicola, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

gun%20handgun%20firearm%20double%20barrel%20silver.jpgA teenager was critically wounded after he was shot in the chest at a Gloucester City, New Jersey playground. Camden County police were called to the playground around midnight to break up a fight that had broke out. Police were called back to the scene just 45 minutes after their first arrival, because an 18-year-old had been shot in the chest. Neighbors near playground say the location is a popular place for teenagers to hangout and fight. One neighbor estimated about 10 to 15 fights occur at the playground weekly. The victim was taken to a local hospital in critical condition. As time of the release of the following news story, no arrests have been made. For more read 18-year-old critically shot in chest at New Jersey playground. Firearms are considerably dangerous, and often times deadly, weapons. These lethal weapons should be kept out a minor’s possession by all means necessary.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Dennis Devlin, 57, a former Florida hotel owner, pleaded guilty to sexual exploitation of a 13-year-old boy. Devlin will spend at least 15 years in federal prison. Devlin is the former owner of the Desert Inn in Daytona Beach, Florida. Federal agents found an iPhone hidden in the bathroom ceiling of his second-floor hotel that contained sexually explicit images of the boy. A former employee of Devlin’s, 20-year-old Michael Ehmen, also pleaded guilty to the same federal charge. Ehmen admitted he recruited the boy, took him to the hotel for Devlin’s enjoyment, and received $100 for his recruitment. Police stated Ehmen also had sex (molested the boy) with Devlin for money and the two had an arrangement that Ehmen would bring “new people to visit [Devlin]” for more. Ehmen recruited the boy, the son of a friend, to help install security cameras at the hotel. On the way to the hotel Ehmen told the teenager Devlin would pay him to pose nude. Prosecutors said on a second visit to the hotel video was taken of Ehmen and the minor performing sexual acts together and spanking each other on Devlin’s bed. Devlin has a long history of sex-related charges in Volusia County and elsewhere. In 1988, 13 sex-related charges were dropped against him by prosecutors in Ocean View, Maryland. In 1993, he was charged with 23 crimes against a single boy; Devlin was convicted and spend 22 months in prison. However, in 2002 a judge overturned his conviction after the boy recanted his testimony as an adult. Federal agents seized the iPhone containing nude photos of the boy, as well as four DVD recordings of the boy and child porn in “several boxes” and on Devlin’s business computer. Sentencing dates have not been set for Ehmen or Devlin, they each face the same time range in federal prison. For more read Former Florida hotel owner pleads guilty to sexual exploitation of a 13-year-old boy.

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By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Chaska, Minnesota, police recently found a loaded handgun near a child care center in early April 2011. The gun’s serial number was traced back to a Shakopee man, who told police he thought the gun was stolen from his truck back in December 2010. However, the gun was never reported stolen and police were skeptical of his story. Captain Jon Kehrberg of the Chaska Police Department says the circumstances most likely suggest the gun fell out of the man’s truck and was ultimately pushed into a snow bank. The gun was discovered on April 5 by a man, David Granlund, who was walking his dog near the day care center. Granlund noticed something shiny in the grass. At first impression, Granlund thought the object was child’s handgun. However, after he picked up the gun and noticed it was loaded with hollow point bullets he immediately put the gun back down and called police. The man who owned the gun did not tell police why he had a loaded gun in his truck. No charges have been pressed against the gun’s owner. Kehrberg advised that if anyone comes across a weapon in public, they should avoid touching the weapon and immediately call police. Ultimately, it was very fortunate the gun did not fall into the wrong hands. For more read Gun found near Chaska, Minnesota day care center.

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

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A Fresno, California teenager was convicted of first-degree murder for molesting and drowning his 4-year-old neighbor and hiding the child’s in a clothes dryer. Raul Castro was found guilty of lewd and lascivious conduct and sodomy, he was not found guilty of kidnapping. Castro was tried as an adult in the October 2009 killing of Alex Mercado. At the time of this California crime against a child, Castro was 14-years-old at the time. Castro confessed to sexually assaulting and killing Alex in taped interviews with detectives. Castro’s attorney Barbara Hope O’Neill argued the teen was mentally ill and did not have the requisite intent to kill Alex. O’Neill based her argument on the testimony of a psychiatrist who said Castro was mentally ill and disassociated with reality. The prosecution challenged the psychiatrist’s credibility and argued the murder was premeditated. A judge rendered his decision after Castro waived his right to a jury trial. Castro’s sentencing is scheduled for June 24. For more read California teen convicted of first-degree murder after molesting and drowning his 4-year-old neighbor.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

taser.jpgA 15-year-old boy was stunned with a taser after an outburst in his classroom. Anthony Jones, 15, attends Delta College in Stockton, California. Because he is autistic, Anthony attends a special class catered to his needs. His family said Anthony had an outburst in class after he received a grade on a test that he did not like. After his tantrum, Anthony was asked to leave the classroom. When he refused to leave, police were called. Tajmah Jones said school officials told her that as a police officer went to remove Anthony from the classroom Anthony resisted and reached for one of the officer’s guns. At that point Anthony was stunned with a taser. He was taken to San Joaquin General Hospital to have a barb removed from his body. For more read Autistic boy stunned by police in Stockton, California.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Shannon Johnson, of Weld County, Colorado, was sentenced to 10 years in prison followed by 5 years mandatory parole in relation to the drowning of her 13-month-old son. Johnson, 34, pleaded guilty to child abuse causing death in March 2010. She admitted to police she was on the popular social networking website Facebook playing Cafe World, checking on the status of friends and sharing videos while her son was taking a bath. Johnson told police she had checked on her son once in a 10 minute period. After about 3 more minutes passed, she no longer heard her son playing in the bathtub. When she went to check on him a second time Johnson found her son sideways with his face in the water. The toddler was transported by ambulance to a nearby fire station and then airlifted to Children’s hospital where he was pronounced dead. The toddler had also had a seizure at his grandmother’s house one month prior to the his drowning. Johnson was given anti-seizure medication to give to the her son in the event he had a seizure. The investigation was stalled pending the results of the toddler’s autopsy, which revealed the cause of death to be anoxic brain injury, cardiac arrest and drowning. Johnson’s mother told investigators she warned her daughter about the dangers of leaving a child unattended in a bathtub just days before he drowned. For more read Mother sentenced to 10 years imprisonment after pleading guilty to child abuse causing death, admitted to police she was on Facebook while child drown in bathtub.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20South%20Carolina.jpgSpring Break brings high school, college, and other people out to bars, restaurants, and the beach. Most people go to Spring Break destinations to have fun with friends and meet new ones. Unfortunately, Spring Break crowds make for busier roads and, yes, drivers who are under the influence of alcohol and / or drugs. Four fatal crashes were recently reported in the Myrtle Beach, South Carolina. See 4 Fatal Crashes At Beach on Spring Break Saturday.

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