Child Injuries and Death

April 6, 2015

April is Sexual Assault Awareness Month and Child Abuse Prevention Month

by The Law Offices of John Day, P.C.

Let’s start with some statistics that will both sadden and anger you:

Child Abuse

Each year, 3 million reports of child abuse are made in the United States. The abuse can consist of physical abuse, sexual abuse, emotional abuse, physical neglect, emotional neglect.
Every ten seconds a report of child abuse is made.
Child abuse is an underreported crime.
Amongst industrialized nations, the United States’ record on child abuse is one of the worst.

Sexual Assault

Every 107 seconds, another person in the United States is a victim of sexual assault.
Sexual assault is an underreported crime with 68% not reported.
Roughly 2/3 of sexual assaults are perpetrated by someone known to the victim.
One in four college women will be the victim of rape or attempted rape

January 30, 2014

Exciting News For Those Suffering From Peanut Allergy

by The Law Offices of John Day, P.C.

In Britain, researchers introduced small amounts of peanut flour into the diet of children suffering with peanut allergies. After six months of this therapy, more than 80 percent of the children could eat a handful of peanuts without experiencing a reaction. The peanut flour helped to build tolerance to the allergen. While this news is promising, researchers warn that parents should not try this therapy at home. The children who participated in this study were in a very controlled environment with doctors on the ready to respond to any reactions.

Peanut is the most prevalent of the various food allergies and the number of people developing the allergy is growing with about 1 in 50 children affected. Food allergies are responsible for more than 200,000 emergency room visits each year. Because of their inexperience in dealing with their allergy, children are at the greatest risk. Cross-contact must be carefully avoided and emergency response plans must be in place.

If you or a loved one has suffered a serious injury due to a food allergy, we encourage you to read more about food allergy cases.

December 27, 2013

Recall of Playtex Hip Hammock Infant Carrier

by The Law Offices of John Day, P.C.

On December 19, 2013, the Consumer Product Safety Commission announced a recall of the Playtex Hip Hammock because in some carriers the buckles on the straps are prone to breaking which poses a fall hazard to the infant in the carrier. To date, there have been 87 reports of the buckles cracking or breaking with some injuries reported. This popular baby carrier was sold at a number of national retailers including Walmart, Target, Amazon and Burlington Coat Factory.

If you own a Playtex Hip Hammock, stop using it immediately and contact Playtex for instructions on how to return the defective product for a full refund. If your baby has been injured due to a defective Playtex Hip Hammock, contact one of our award-winning attorneys today for a free, no-obligation consultation on your product liability claim. We will sit down with you, review your case, answer your questions and explain your rights and options in clear terms. Call us at 615-742-4880 or toll-free at 866-812-8787 or online. We handle all injury claims on a contingency basis which means we only get paid if we win.

December 6, 2013

Two Toys Recalled by the Consumer Product Safety Commmission

by The Law Offices of John Day, P.C.

On December 4th, the Consumer Product Safety Commission recalled two toys:

1. The K2 Revo Kick kickboards/scooters with item code l10700100 — The front assembly of the kickboard/scooter can break and the handle can partially or fully detach, and this can cause a rider to lose control and/or loss of balance.

2. Manhattan Toy Quixel baby rattles — The colored arches can break creating a choking hazard to a small child.

June 28, 2013

How Can A Child Sue A Child Sex Abuser?

by The Law Offices of John Day, P.C.

Sexual abuse of a child is not only a crime that can (and should) result in criminal charges against the abuser. It is also wrongful conduct that makes the abuser liable for damages in a civil lawsuit.

Civil wrongs are called "torts." There are lots of categories of torts, but the two most applicable to sex abuse claims to minors are the tort of "battery" (the unlawful touching of another person) and "intentional infliction of emotional distress" (engaging in outrageous conduct that results in severe emotional injury to another). A person who commits a tort is liable for compensatory damages to the person injured by the conduct. If the tort is an intentional tort, or one that involves reckless conduct, the wrongdoer is also liable for punitive damages.

So, a child who is a victim of sexual abuse can (with the assistance of his or her parents or guardian) file a lawsuit against the abuser and seek compensatory and punitive damages for the injuries he or she suffered at the hands of the abuser. Whether the conduct occurred, what injuries were caused by the conduct, and the amount of damages to be awarded are issues that will be determined in the case.

May 18, 2013

Sexual Abuse of Children in Tennessee Churches

by The Law Offices of John Day, P.C.

As difficult as it is to believe, children continue to be molested in Tennessee churches. Those who sexually abuse children put themselves in environments where children are present, and one place where many Tennessee children are routinely present is in church-sponsored child care centers, Sunday school classes and schools, and church camps and other church-related activities.

Responsible churches have a method a screening people who seek to work (as employees or volunteers) with children and have effective mechanisms in place to identify those who engage in suspicious behavior. Responsible churches also have mechanisms in place to promptly investigate allegations of inappropriate activity and report such persons as required by law. Prompt, accurate reporting prevents future acts of abuse.

The failure of churches to take responsible steps to protect children from predators can result in legal liability for the church. Our Tennessee sex abuse lawyers first became involved in this type of case over a decade ago, and as recently as this month (May 2013) we have been employed to investigate another church-related claim.

September 28, 2012

Claims Against the State of Tennessee for Injuries and Death to Children in Its Care, Custody or Control

by The Law Offices of John Day, P.C.

Tennesseans have been surprised to learn that thirty-one children who had interaction with the Tennessee Department of Children’s Services have died this year. Apparently, 202 children that DCS officials said died in two previous years after having had some interaction with the agency when they were alive.

According to the Tennessean, DCS data revealed that 10 infants who died were the subjects of open case files by DCS workers died between January and June, 2012. An additional 17 children died who had been investigated by DCS in the past. Four children died in state custody during the same time period.

DCS is alleged to have violated the law by failing to report these deaths, according to an article in the Tennessean.

August 31, 2012

Injuries To Children From Riding in the Back of Pick-Up Trucks

by The Law Offices of John Day, P.C.

Tennessee law provides that it is illegal for children under the age of 6 to ride in the bed of 3/4 quarter ton or less pick-up trucks while the trucks are being operated on any local, county or state road.

Exceptions are made for parades and similar events if the speed of the truck is less than twenty miles per hour and when the child is in the truck bed in connection with agricultural activities.

Tennessee counties are given the express right to enact ordinances to raise the age limit from 6 years of age to 12.

August 16, 2012

Bumbo Baby Seats Recalled – Baby Skull Fracture Risk

by The Law Offices of John Day, P.C.

Nearly two dozen infant children have received skull fractures as a result of a problem with Bumbo Baby Seats (photo).. The Consumer Product Safety Commission says that babies can wiggle out of the seats, fall and be harmed.

The Bumbo seats were sold at Babies R Us, Target, Walmart, and other retailers between August 2003 and August 2012. Now, some 4 millions seats have been recalled.

About one million of the seats were recalled in October 2007. This recall was made to place additional warning labels on the seats to warn of the risk of placing the seats on raised surfaces.

August 7, 2012

Damages Available in A Child Sexual Abuse Case in Tennessee

by The Law Offices of John Day, P.C.

Child sex abuse victims in Tennessee may recover damages against the abuser for the following types of losses:

medical expenses
lost wages (if any)
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injuries result in future or permanent physical or emotional problems, additional damages may be recovered for