By David Wolf, Attorney
Published by Child Injury Lawyer Network
Nevada lawmakers are aiming at criminalizing text messaging while deriving. Seven states have taken the initiative and have out lawed text messaging while driving. Some other states outlaw text messaging for younger drivers.
By Steven Smith, Attorney David Wolf, Attorney
Published by Child Injury Lawyer Network
A tragic death recently took place in New York City, New York when a 7 year old handicapped child (Chelsea Madonado) fell out of the 5th floor window of an apartment complex. The incident took place in the Bronx. Chelsea was blind in one eye and used a wheelchaiir. She was also autistic. There was some kind of a child protection guard in place on the lower part of the window. The news report at Fox News did not indicate if there was any safety device in place for the upper part of the window. Police and child welfare investigations will probably investigate the incident to determine the cause and preventability of such a tragedy. It is truly a tragedy for such a girl to have suffered such a death. Hopefully, the tragedy that took place in the Bronx will help other families and apartment complex owners more closely examine child safety measures that are in place for all children including but not limited to handicapped, autistic, blind and other challenged children.
By Stephanie Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
A lawsuit was filed recently against the Walt Disney Co. which provided a license for a bassinet manufactured by Simplicity, Inc. Kennedy Brotherton Jones died as a result of strangulation in the allegedly defective crib. The manufacturer, Simplicity, Inc. previously filed for bankruptcy. After Kennedy’s death, the Consumer Product Safety Commission ordered a recall of these cribs as they represented a danger of serious injury and death to infants. Disney did not manufacture the crib and will defend the case on the argument that it only provided a license for its image which is far different than a guarantee of safety or workmanship. It will be interesting to see how the Courts handle the issue of licensor liability for defective consumer products.
By Stephanie Brown, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network
In the Georgia and other states around the nation, there are negligence, liability, or fault laws in place. Some States have more favorable laws and rulings in place that others for children and families seeking compensation for personal injuries / wrongful death than others. A Georgia Court of Appeals decision in June 2008 ruled that the family of a child who drowned and died could not recover compensation from the apartment complex / property owner. The Georgia Court ruled in favor of the apartment complex owner since the Court determined that the child knew or should have known of the danger of the swimming pool when the child entered the apartment complex pool. The Georgia Court put the responsibility of the incident the child rather than the apartment complex. The ruling was made in the case – Rice v. Oaks Investors, II, Georgia Court of Appeals, A08A0434 (June, 26, 2008).
By David Wolf, Attorney
Published by Child Injury Lawyer Network
The Georgetown Public School System in Massachussetts is considering giving students instruction in dealing with gunmen on school grounds. It is part of the “Code Blue” safety program. The instruction would include telling children to use backpacks or textbooks to try to fend off the gunman. A school resource police officer suggested the program in Georgetown, Massachusetts after hearing of a similar program being offered in the State of Florida. The instruction may need to be judged on results. If a child dies as a result of taking some kind of initiative or action as instructed, then many will say it was a bad idea. If a child is saved with such intervention, the school district and officer may be then seen as innovative heroes. You can read more about this program at Controversy Over Instruction to Teach Students to Fight Back Against Gunmen in Georgetown, Massachusetts.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
The New York Times reported a recent study conducted by the World Health Organization (WHO) and Unicef about child deaths world wide. The statistics are quite interesting and astounding at the same time. The study estimates that accidents kill 830,000 children every year which is an almost equivalent to every single child in the city of Chicago, Illinois. The report, which collected date from developed as well as poor countries, was a breakthrough study in that it was a worldwide study. The statistics in poor countries was not as accurate or plentiful as that in developed countries like the United States, England, and Australia. Nevertheless, the study did gather and present data so that efforts can be made country by country as well as worldwide to attempt to prevent the accidental and preventable deaths that take place every year.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
A Burlington County Highway in Burlington (South Jersey) New Jersey was the site of the tragic death of a 4 year old boy. Sam Wood, a writer with the Philadelphia Inquiry, reported that the boy was crossing the road with a teenage relative at the time that the 4 year old was hit by the pick up truck. The accident took place just after 5:00 p.m. This stretch of highway was recently designated as one of the most dangerous highways in the region by the non-profit advocacy group the Tri State Transportation Campaign. You can read about this story at Boy Fatally Struck While Crossing Route 130 in Burico, New Jersey.
By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Des Moines, Iowa police reported that a 1 year old child ate mouse / rat poison at a day care / child care center at local athletic gym. When the father of the child went to pick up the child, he noticed some kind of blue substance on her clothing. This turned out to be the mouse / rat poison. The child was later taken to Blank Children’s Hospital in Des Moines, Iowa for evaluation and testing. Fortunately, the child is going to be ok according to the news story as reported in the Des Moines Register at 1 Year Old Exposed to Rat / Mouse Poison at Gym Child Care Center.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Magnets can be simple child toys. My son has magnets and plays with them from time to time. These simple play toys can lead to the death of child if ingested. Many toy magnets these days are smaller than coins. The ingestion of magnets can lead to the pinching and perforation of the internal organs / intestines which in turn can lead to infection, sepsis and death. Ingesting a magnet is a medical emergency that requires immediate medical care. School and day care centers should be especially diligent to purchase and maintain safe toys. Furthermore, supervision is key to the safety and well being of children in schools, day care centers, homes, and other places. You can see this very informative animation and other information regarding magnets at the Chicago (Illinois) Tribune Web Site at How Magnets Kill – A Dangerous Connection.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Wayne Bent, who calls himself the second coming of Christ, is yet another church leader in New Mexico that has been arrested and will stand child not as a church leader but as a sexual predator. Bent recently gave an interview to ABC Good Morning America to clarify his actions to his followers who attended the interview. Bent is the 67 year old leader of a fringe church called the Lord of Our Righteous Church. Bent admitted to Good Morning America that he did lay next to one of the naked teenagers and put his hand on her chest (sternum). How this can be any part of a reputable and traditional church procedure, service, or prayer ceremony is really beyond any comprehension? Bent’s unusual rituals go right into his teachings according to former church members. One former church member stated that one stipulation of the church is that Bent is the only person who can have sex with church members.
