Child Injuries and Death

September 2, 2015

DayCare Fails and 5 Tips to Avoid Them

This morning, I saw two troubling articles about daycare incidences. The first was a toddler who was covered in broken-skin wounds from being scratched multiple times and bitten 10 times in a single day. It is tough to look at the pictures. Look, I understand: kids bite. And if your kid attends daycare, do not be surprised if at some point they are either the biter or the bitten. But the pictures of this child go way beyond the norm and clearly indicate a lack of supervision by the staff.

The second story that riled me up this morning was about two daycare workers who instigated fights between children and then filmed it calling it a “fight club” like the popular movie. They even shared the videos on Snapchat. I would like to send those two daycare workers to a fight club with Ronda Rousey. But, I digress.

Since these two stories were about daycare fails and because September is baby safety month, here are 5 things you can do to help keep your child safe while at daycare. Continue reading

August 5, 2015

Is Your Dog Putting You At Risk of Getting Sued?

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

If you follow us on Google Plus or regularly read this blog, then you know our family recently acquired a Cavalier King Charles Spaniel If you don’t follow us on Google Plus, then let me first say you should and second let me introduce you to Lincoln Day. Lincoln is the love of my 7 year-old daughter’s life. Thankfully, we are past the potty-training stage and are now working on what is appropriate behavior when guests arrive at our house, how to properly walk on a leash, etc. As my daughter is finding out, owning a pet is a big responsibility.

Unfortunately, some pet owners do not take it seriously enough, so we thought we would outline, from a legal perspective some considerations and actions you should be prepared to take before taking on a pet. Continue reading

August 3, 2015

The Blood Test You Need If You Have A Suspected Brain Injury

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

Each year, more than 1.4 million people will suffer a brain injury from a car accident, fall, assault or some other cause. The brain is incredibly complex and so is the treatment of brain injuries. Primarily, physicians have relied upon CAT scans and physical symptoms such as loss of consciousness, dizziness, nausea, slurred speech, confusion and the like to determine the severity of the brain injury.

But both of those methods have their limitations. For instance, CAT scans can only detect if there is cranial bleeding. They are unable to detect damaged brain cells that are not bleeding. As for the physical symptoms, they may not always be detected or reported. For instance, in a car accident, a person may lose consciousness for a short period of time and regain it before any emergency medical personnel reach the scene. Or with a young infant who has not yet learned to talk, it would be difficult to know if the child was slurring its speech or was dizzy, etc. Continue reading

June 30, 2015

Fireworks Safety for the 4th of July

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

The 4^th of July is almost here. Cookouts, parades and fireworks are iconic activities for the holiday weekend. My idea of a perfect 4^th of July is throwing something on the grill, hanging out with family and friends then watching the fireworks on the lake in our boat.

But for many others especially kids, the holiday is not complete without shooting off some fireworks. So many folks will pick up sparklers, firecrackers, roman candles, bottle rocket, smoke bombs and the like. But even these seemingly innocuous fireworks can cause serious injury if proper safety rules are not followed. For instance, did you know that sparklers can generate heat up to 2000 degrees or the equivalent of a blow torch or hot charcoal in a grill. In fact, sparklers cause 25% of all fireworks-related burns. Bottle rockets and small firecrackers sent a whopping 8,600 people to the emergency room in 2010. More fires are reported on the 4^th of July than any other day of the year, and the spike is attributed to fireworks.

Below are some tips for keeping your family and friends safe while shooting off fireworks this holiday: Continue reading

June 23, 2015

“No one intentionally sold a toxic toy to Mrs. Monje”

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

Well, I would certainly hope not. But that really is not the point. The point is Spin Master manufactured a toy, Aqua Dots, which was tainted with the date rape drug. Children, who tend to put things in their mouth, ingested the drug and became ill. Spin Master failed to tell anyone about reports of children being hospitalized after ingesting the Aqua Dots. When this came to light, the company agreed to pay a $1.3 million dollar fine. And last week, a jury awarded a family $435,000 because their son fell into a coma and continues to have residual problems after ingesting the date rape drug from the Aqua Dot toy. So how does Spin Master defend all of this? Continue reading

June 4, 2015

100 Deadliest Days of Driving for Teens

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

Car crashes are the number one cause of death for teenagers. And according to AAA, the deadliest days of driving for teens are the 100 days between Memorial Day and Labor Day. With teens out of school, they are on the roads much more and often have other passengers in their vehicles with them. Below are some statistics for teen drivers in Tennessee and some tips on how to keep your teenager safe during this peak accident time.

First, let’s look at teen driving statistics for some Tennessee counties. Listed below are the counties with the highest young driver (ages 15-24) crash rate rank for 2014 and the number of crashes for each county: Continue reading

May 14, 2015

Irresponsible Pet Owners Really Get My Goat!

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

Last week, my wife and daughter were driving home from school when they noticed a goat in the road. Fearful the goat was going to get run over or cause an accident on the narrow little road, my wife decided to try and find its owner. Two farms were nearby so my wife pulled into first farm and went to the front door to alert the owner about the escaped goat. The homeowner advised my wife the goat in question belonged to the farm on the other side of the street. The woman also reported she herself had put the goat up on several occasions. Armed with this information, my wife drove to the farm across the street to alert them their goat was loose.

When my wife and daughter exited the car, the goat was still at the road. They knocked on the door and waited a few moments but no one was home. As they turned to walk back to the truck, they noticed the goat was approaching. Before they could get back to their vehicle, the goat became aggressive, and this goat had horns. Continue reading

May 12, 2015

Water Safety Month: Boating and Jet-Skiing

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

Middle Tennessee has many wonderful lakes: Center Hill, Old Hickory, Percy Priest, Normandy Lake and others. Our family’s favorite is Tims Ford where we like to spend as much time as possible out on the water.

While boating and jet skiing are fantastic recreational activities, there are a number of laws applicable to both. Let’s review 10 of the most important: Continue reading

May 1, 2015

May Is National Water Safety Month

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

I can feel it. Can you? Summer is almost here. The kids have just a few more weeks of school and then it is time for pools, lakes, waterparks, time at the river and more fun in the sun. In an effort to ensure everyone has a safe summer, May is National Water Safety Month, and in March of this year, Governor Bill Haslam signed a proclamation to that effect for the State of Tennessee.

While water can be the ideal spot for summer fun, it can also be a spot for terrible drowning and near-drowning accidents. According to the Centers for Disease Control and Prevention, more than 10 people a day die from drowning accidents. And drowning is the number one cause of death for children 1 to 4.

April 13, 2015

Meet Lincoln Day!

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

On Friday night, my wife and I surprised our seven year-old daughter with a new puppy. Lincoln is a nine week-old Cavalier King Charles Spaniel and a delight. Right now, we are trying to potty train and keep him from chewing stuff.

Of course, a dog owner’s responsibilities extend beyond keeping the flip-flops and the rug safe. Responsible pet owners must be sure to vaccinate their dog, keep the dog from running at large and keep the dog under reasonable control so that it does not harm others. While the law does not require it, I also believe a responsible pet owner should maintain adequate insurance (either via their homeowner’s or through a separate pet insurance policy) to help ensure that anyone injured by the dog receives fair compensation for their medical bills and damages.