Articles Posted in Child Safety

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

Published by Child Injury Lawyer Network

baby%20bib%20and%20pacificier.jpgIn Monterey, California, William Aguirre-Fajardo, age 24, has been arrested on charges of child abuse and other criminal charges involving the death of a 8 month old boy. Aguierre-Fajardo was arrested following a report from the Lucile Packard Children’s Hospital in Palo Alto, California to Monterey, California police investigators. Mr. Aquierre-Fajardo claims that the child fell. Investigators and medical providers believe that the child actually died from Shaken Baby Syndrome. The injuries according to preliminary investigation were inconsistent with Mr. Aguierre-Fajardo version of the incident leading to injuries to the child. Medical providers including emergency room nurses and doctors have a duty to report any child who is the suspected victim of child abuse and neglect. Medical providers do not need to be absolutely certain that there is abuse or neglect. You can read more about this story at California Toddler Dies as a Result of Suspected Child Abuse – Shaken Baby Syndrome.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Minnesota and other States, tragedy is also the precursor to the passing of new laws for the protection of children. Laela’s Law as passed in 2007 and took effect in 2009. This law was named after a Minneapolis girl who suffered injures in a fall from a building. The purpose of Laela’s law is to safeguard windows in apartment, The law requires the attachment of safety screens, guards, or fall prevention devices in new or replacement windows above the 1st story in most apartment and multi dwelling unit buildings in Minnesota. Some child safety advocates question the provision of the bill that exempts window sills that are more than 24 inches from the floor. Even though the windows are 2 feet from the floor, a small child can still fall out of a window from a bed or other furniture. Apparently, the bill was passed with child safety advocates on one side and the building and window industry on the other. These safety regulations will cost money but hopefully will save lives. I expect there to be debates and changes to this law in the future. You can read more about Laela’s Law and the problems and dangers of children falling out of windows at New Minnesota Child Safety Law Gets Mixed Reviews and Comments.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Tennessee and other Southern states, many parents and school districts continue to use corporal punishment (as well as the threat of corporal punishment) as a means of disciplining children and students. The Tennesean Newspaper / Website had a very interesting article on the spanking / paddling / corporal punishment debate. As noted in this article, each school district in Tennessee can make the decision on whether to use corporal punishment. Some Tennessee school districts allow corporal punishment while other school districts prohibit it. Whether corporal punishment is permitted or not, school districts and parents for that matter have a duty to refrain from abusing a child. Serious personal injuries should never result from using corporal punishment, paddling, or spanking as a means of punishment or discipline. Personally, I am against the use of corporal punishment. I believe that it is an archaic, ineffective and cruel means of punishment.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Parents, caregivers, counselors, school employees, teachers, medical providers, and others should take steps to make sure that children are safely transported on roads and highways. Seat belts should be used. Child seats and booster seats should be utilized depending on the age and weight of the child. In some instances, special safety measures need to be used since the child has special health or medical needs. The National Center for the Safe Transportation of Children with Special Health Care Needs has information and resources on its web site. Parents and those driver and caregivers responsible for transporting children with special health care needs should review this web site and implement the recommended measures. By having the right safety equipment in place along with the correct use and application of this equipment – many serious personal injuries and deaths can be avoided.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A Child suffer physical pain and suffering when injured in an automobile accident, slip and fall, playground accident, bicycle accident, and by other causes. Medical professional identify the physical injuries and provide medical treatment for the same. A child also can suffer severe emotional injuries when suffering from a serious personal injury. Experts state that parents and medical providers should also identify and help the child deal with the emotional parts of the injury. A good article was recently posted at USA Today – Your Health – Helping Severely Injured Children Recover Emotionally from Personal Injuries.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Thousands of children suffered injuries every year as a result of slip and fall incidents in or near showers and bathtubs. Children also suffer injuries from scolding or burning type of injuries from hot water; however, there is a far greater number of injuries due to slip and falls according to a nationwide study. Parents and caregivers should take safety precautions in an attempt to prevent or reduce the number of injuries in or near showers and bathtubs. Use mats or slip resistant strips in the shower and bathtub. Install rails when possible. Supervision is also key to the prevention of injuries. Do not leave small children unattended and make sure that the bathroom has dry mats and areas for the children to walk following a bath or shower. It is estimated that 43,000 children suffer bathtub / shower related slip and fall injuries every year. Simple measures should and can be taken to reduce the number and severity of these personal injuries. You can read more about this story at Bathtub and Shower Injuries to Children.

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By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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When a child or adult is injured or dies as a result of a drowning incident in Illinois, does the facility have a duty to prepare and submit an Incident Report? The simple answer is yes. Pursuant to Title 77, Chapter 1 Department of Public Health, Subchapter N – Recreational Facilities – Part 820 Illinois Swimming Pool and Bathing Beach Code – Section 820.315 Notification, all drownings and injuries or illnesses that require hospitalization must be reported to the Department of Public Health within 24 hours of the incident on a form known as the Drowning and Injury Report. Completion and submission of the report helps the Department of Health monitor and review drowning incidents that take place in swimming pools and beach areas. There have been many reported drowning incidents in Illinois and around the United States this summer. It is unfortunate that drowning injuries and deaths continue to take place especially since many incidents are preventable through better supervision, safety precautions, and better judgment on the part of parents, children, caregivers, supervisors, and lifeguards.

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By Will Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20bottom%20squares%20day%20time.jpgIn Ohio and other States, summer time is a great time to be outdoors and enjoy the warm weather. People of all ages enjoy swimming and playing around and in swimming pools, lakes, rivers, canals, and other water ways. When children are around water, there is always the danger of drowning. This danger applies to infants, toddlers, school aged children, and even adults who are not strong swimmers. In a matter of minutes, a person’s life can be forever changed or even ended by death due to drowning in any kind of body of water, pool, or play area – ranging from a kiddie pool to a large water way.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Indiana and other States, foreclosed homes are increasing in number every day. Some foreclosed homes have swimming pools. During and after the foreclosure process, swimming pools often times are not properly maintained or secured by those owning and / or controlling the property whether it is the foreclosed upon owners, banks, or mortgage companies. Children see swimming pools, whether or not the pools are maintained, supervised, or secured, as places of adventures. Unfortunately, children do not recognize the dangers of pools and suffer personal injuries and deaths when they use pools with no supervision. In Avon, Indiana, Sheyenne Jenkins, a 5 year old daughter of Secrena Erwin, wandered into a neighborhood pool and drowned. The home and pool were abandoned. Unfortunately, the pool was still filled with water. While the pool had a cover, neither the cover nor the pool were properly maintained or secured to keep young children from wandering into the pool area and the pool itself. Sheyenne fell into the pool and drowned. The tragic events leading to Sheyenne Jenkins’ death shows the dangers of swimming pools of foreclosed or abandoned homes. Banks, mortgage companies, and investors in control of abandoned homes have a duty to secure the area and maintain barriers and fencing according to applicable State and local laws. You can read more about this story at Foreclosed Homes (Swimming Pools) Are Dangerous to Children.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Alaska has enacted a new law that required children under the age of 8 years old or under the weight of 65 pounds require to be placed in a car or booster seat while traveling on roads in Alaska. Complying with the law is important. Making sure that a child is adequately provided with safety measures is vital. It has been reported that the leading cause of death among children ages 1 to 14 years old in Alaska is related to motor vehicle accidents. Using infant seats, booster seats for children and seat belts can save lives. You can read more about Alaska’s new law at What You Need to Know About Alaska’s Child Booster Seat Laws.

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