South Carolina Child Injury Lawyer Blog

National Attention to 'Bed-Sharing' Catches the Eye of Your Charleston Child Injury Attorneys

Mon, 06 Feb 2012 16:29:42 -0500

At the beginning of last week the South's Oldest Daily Newspaper, the Post and Courier, brought a major safety concern to the attention of your Charleston lawyers at Howell and Christmas, LLC. The concern is the controversial issue of "bed-sharing", particularly when parents share a bed with their infant children. There are documented horror stories of good intentioned parents allowing infants into their bed and accidentally rolling over on top of them, suffocating the young child, and leading to an unfortunate wrongful child death. However, some advocates say the practice of bed-sharing can strengthen the bond between parent and child, facilitate breast-feeding, and offers a solution to sleepless nights.

Solid state statistics on how this practice has affected South Carolina families are not easy to come by, as the South Carolina Department of Health and Environmental Control doesn't specifically track infant deaths due to infants sharing a bed and sleeping with parents. But county coroners do indicate when an infant’s cause of death is due to bed-sharing, using the indicator "co-sleeping." According to the Charleston County Coroner's Office, at least three infants died while sharing a bed with a parent.

Also, the Charleston County Coroner's Office, having tracked the number of bed-sharing incidents since the mid-1990s, has taken the initiative to educate area parents on the issue. The office attends local baby fairs and warns that the practice is especially dangerous to infants younger than three months because of their inability to lift their heads. The Charleston County Chief Deputy Coroner has even written a book on the issue for other coroners, feeling there is great need to educate officials and the public alike to help prevent child injury and death.

Young Babysitter Tries To Use Prescription Drug To Induce A Nap

Wed, 25 Jan 2012 12:49:57 -0500

While the browsing state and local news, your Charleston child injury lawyers at Howell and Christmas, LLC came across an extremely bizarre incident involving the highly questionable and alleged action of a 17-year-old babysitter. According to reports the babysitter is alleged to have broken off a portion of a Xanax bar and administered it to the 4-year-old girl she was hired to take care of by putting the prescription drug into the child's lunch in an effort by the sitter to have the child calm down and take a nap. The sitter contacted the child's mother once the child had fallen numerous times, had hit her head, and exhibited signs of dizziness. The mother went home immediately after being contacted and found her child in "a state of potential unconsciousness."

Doctors discovered Xanax in the child's system while conducting blood work, prompting the child's mother to confront the sitter and search her purse. Found therein were five Xanax bars, which were later said to have been prescribed to a family member of the sitter.

For informational purposes, Xanax belongs to a group of drugs called benzodiazepines and works by slowing down the movement of chemicals in the brain that may become unbalanced, effectively reducing nervous tension. It is used to treat anxiety disorders, panic disorders, and anxiety caused by depression. It is suggested that those prescribed to Xanax by a physician keep track of the amount of medicine used from each new bottle, as Xanax is a drug that is commonly abused and those prescribed should be aware if anyone is using the drug improperly or without a prescription. Because of its potential for abuse and its classification as a controlled substance, police instructed the mother mentioned above to contact the sitter's family and inform them that the drugs had been stolen and have them file a police report in regards to the theft. Understanding that the sitter is by no means a physician, the chances of the child overdosing on the drug meant only for adult use were particularly high. Thus, it is extremely fortunate that the child's reaction did not result in a wrongful death.

Because of the incident Horry County officers arrested the babysitter and charged her with unlawful neglect of a child.

Kids' Bicycle Helmets Recalled By Consumer Product Safety Commission

Thu, 12 Jan 2012 11:56:04 -0500

This past Friday your attorneys in Charleston at Howell and Christmas, LLC read a release from the U.S. Consumer Product Safety Commission (CPSC) that seemed particularly pertinent to share. In cooperation with Triple Eight Distribution, Inc., the CPSC has issued a voluntary recall of multi-purpose bicycle helmets for children and youth because of the product's risk of causing a serious head injury to its young user. The Triple Eight helmets have been sold at bicycle and sports shops and other retailers across the United States and online from August 2006 through November 2011 for around $40.

According to the CPSC release, product testing of the helmet revealed that these Triple Eight helmets do not comply with CPSC safety standards for impact resistance. Thus, in the event of fall from a bicycle, skateboard, rollerblades, etc. the young wearer could suffer from a serious head injury. Although no incidents have been reported, it is good that the CPSC has taken preemptive action to take this product off the market.

If you have purchased one of these Triple Eight helmets for your child it is important to stop your child from using the product and contact Triple Eight for a full refund. You can contact Triple Eight toll free at (888) 548-8518 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.triple8.com.

Charleston Child Injury Attorneys Note National Spotlight on Sex Abuse and Additional Lowcountry Incidents

Tue, 06 Dec 2011 14:48:01 -0500

It is by no means new news that child sexual abuse cases have grabbed national attention in the last month. These devastating stories have brought to light a culture of sexual deviance that is not only physically abusive to the victims, but also extremely damaging in regards to emotional and mental development. In sharing these accounts of gross misconduct it is the aim of your Charleston accident lawyers at Howell and Christmas, LLC to inform South Carolinians of the unacceptable frequency in which these attacks occur, as well as implore victims of abuse to find the courage to speak out against those responsible for selfishly damaging the lives of far too many children.

Since it was discovered that a Mt. Pleasant educator, volunteer, and coach had been abusing young boys at various volunteer and work positions, a day hasn't gone by that child sexual abuse and molestation is reported on television, in local and nationally circulated papers, and across various platforms on the World Wide Web. In the cases involving the local coach and former Penn State assistant coach, it is apparent the administrators were more concerned with the reputation of their institutions than the well being of the children their employees seriously injured. We all know the famed head football coach at Penn State decided to follow the chain of command, reporting the sexual abuse seen by of one of his graduate assistants to the school's Athletic Director, instead of going directly to law enforcement. And it has been nationally reported that law enforcement was not contacted after former camper at the Citadel confronted administrators at the military academy, claiming that the local coach had invited him into his room to watch pornography. Both institutions failed not only the campers they intentionally neglected to protect, but also the communities they occupy by putting the "desire to protect their own" ahead of the young campers who trusted they would safe under their guidance.

Apart from these two widely covered instances of criminal sexual conduct, rape, and lewd acts, there have been several additional occurrences of equally troubling behavior involving child sexual abuse.

Halloween Safety Tips from Your Attorneys in Charleston

Wed, 26 Oct 2011 15:35:06 -0500

With Halloween weekend fast approaching, your Charleston accident attorneys at Howell ad Christmas, LLC thought it appropriate to share with our Child Injury Lawyer Blog readers some simple safety tips for parents that will help prevent child injuries. It is a little known fact that Halloween is one of the top holidays that result in pediatric emergency room visits, making these quick tips even more important.

Children under the age of 12 should always (emphasis added) have an accompanying adult when Trick-or-Treating, and if your children are old enough to go out by themselves, advise your ghouls and goblins to stick together in a group and travel on populated and familiar streets, staying on sidewalks, obeying traffic signals and only crossing the street at designated crosswalks. Also, it is a good idea, if your children are going out by themselves to have them take a cell phone in case of an emergency and a flashlight for increased visibility on dark streets and sidewalks. Street side safety is of particular importance because, according to U.S. Centers for Disease Control and Prevention (CDCP), children are four times more likely to be in a pedestrian car accident on Halloween than on any other night of the year.

It is of high importance to advise your youngsters to only approach homes that appear friendly to Trick-or-Treaters and are well lit. Also, children should never go enter a home they approach, and always remain outside when collecting their treats. While youngsters may be afraid of other monsters, ghouls, and goblins on Halloween, there remains the very real threat of unwholesome strangers.

In regards to costumes, parents should ensure their child’s costume is flame-retardant, bright colored (or glows in the dark, or has reflective strips), and is of appropriate length to prevent trips and falls. Accessories such as swords, knives, and wands should be made of soft and flexible material without sharp edges to prevent serious injuries in the event a quarrel arises between a young Pirate and a little Musketeer over a cute Snow White. Researchers from the CDCP warn that eye trauma from sharp objects and serious burn injuries from flammable costumes are common occurrences on Halloween.

Father of Infant Left in Hot Car Not Charged, Viral Backlash Ensues

Wed, 17 Aug 2011 12:31:21 -0500

In a couple of earlier entries your Charleston child injury lawyers have discussed the serious dangers of leaving children alone in the car during the hot summer months. The earliest post covered the sad circumstance when parents simply forget they have the kids in the car, as well as organizations trying to gain awareness to this very real possibility. And at the end of July, there was an entry posted concerning the legal ramifications and criminal charges for those parents, guardians, and caretakers who intentionally leave their kids in the car while they run errands, or do some other activity. Most recently, your experienced attorneys at Howell and Christmas, LLC came across a story that falls somewhere in between the previous two entries.

According to the Post and Courier, prosecutors in Columbia determined there was not enough evidence to charge the father of 9-month-old baby boy who died after being left in a hot car for four hours outside an apartment complex on Father's Day. According to the report, the National Weather Service said the high temperature that day was 98 degrees.

As it was mentioned in the first post covering kids and hot cars, last year there were 49 instances of children dying from being left in a car, and after a bit of research, there have been 22 cases this year. While many parents or guardians may read or hear about these instances and think they are clear cut cases of gross negligence, the fact is that these unfortunate, serious accidents can happen to even the best parents. Think for a moment how often you have forgotten your cell phone, wallet, or other personal item in the car, not to say that a child can be compared to these "things," but the point is that the modern parent has so much on their mind that it becomes easy to be forgetful.

Kids Left in Car at West Ashley Parking Lot, Great-Grandmother Faces Serious Charges

Fri, 29 Jul 2011 12:17:51 -0500

Earlier this month, your South Carolina personal injury lawyers brought to our readers attention the issue of leaving kids in the car during the hot summer months. And despite the efforts of organizations like Kids and Cars and Safe Kids USA, unfortunately, there are still caregivers and guardians leaving their children in hot cars. The earlier entry was centered on the issue of parents and guardians forgetting their kids in the car, but this post and report is to deal with caretakers intentionally leaving children in the car while they run an errand.

Last week, an 81-year-old great-grandmother was accused of leaving two children in the car while she went into a Walmart. According to the woman’s lawyer, it was her intention to only be inside the store for a few minutes. But, according to police, the great-grandmother was in the West Ashley store for almost an hour.

She was arrested at the store after a Walmart employee discovered the two children, ages eight- and nine-years old, and a dog in a car with rolled up windows. The employee was able to get the kids to unlock the car and escorted them inside the store.

Due to this event, the woman was charged with two counts of unlawful conduct toward a child and one count of animal neglect. In Charleston County Magistrate Court, the great-grandmother’s bail was set at $25,000 on each of the two counts of unlawful conduct, setting her total bail at $50,000. The animal neglect charge will be addressed in municipal court.

Miniature Train Accident Prompts South Carolina to Change Amusement Ride Inspections

Fri, 01 Jul 2011 12:04:14 -0500

About a month ago, your Charleston personal injury lawyers discussed an awful accident involving a children's ride in Spartanburg's Cleveland Park. In March of this year a miniature train derailed and flipped into a ditch, and according to authorities, excessive speed was to blame for the accident that killed a 6-year-old boy and injured 28 others. This serious accident has prompted the South Carolina Labor Department to take a hard look at how our State's amusement rides are inspected, especially considering the State's safety inspector responsible for checking the ride admitted after the crash that he had falsified the report to approve the ride for operation because a dead battery prevented him from testing the ride. The weekend after the safety inspector cleared the ride that he never tested; it opened, derailed, and crashed on its first day of operation, the rest is horrific history. It should be noted that this particular inspector, in his more than three years of work, issued only a single violation.

Beginning September 1, 2011, the Department of Labor's Licensing and Regulation division will use outside contractors to review a multitude of amusement rides and thousands of elevators around the State. Of course, these outsourced inspectors are specially licensed to do such safety reviews and inspections. As it is now, inspections have been done by state employees, which translates to only one set of eyes looking over South Carolina's amusement rides and elevators. Authorities feel that having the outside contractors going behind the State's work will be beneficial in preventing, and hopefully one day eliminating, fatal accidents like the one in Spartanburg.

Your South Carolina Child Injury Lawyers Continue Discussion on Drowining

Wed, 29 Jun 2011 13:50:50 -0500

As discussed a couple weeks ago by your North Charleston auto accident attorneys, Lowcountry Officials are concerned about area kids' safety around the water this summer. And the Media Blitz to help educate parents and caregivers continues, a recent article in the South's Oldest Daily Newspaper, the Post and Courier, warns that the inflatable backyard kiddies pools are nearly as dangerous as their larger, in-ground counterparts.

This finding comes from a report by the journal, Pediatrics, and is the first study to look into the drowning danger posed to youngsters when playing in kiddie pools, more specifically inflatable pools ranging from small wading pools less than 18 inches deep to other soft-sided pools that can reach depths of 4 feet.

According to the report, a child dies in a portable pool every five days during the warmer months of the year. The report counted 209 death and 35 near-drowning from 2001 and 2009 that can be attributed to the backyard, portable pool. Of those deaths an extremely large majority, 94 percent were under the age of 5, and 81 percent of the drowning accidents occurred during the summer. The difficulty for parents, in regards to portable pools, is that the safety systems normally in place for larger in-ground pools (fences with self-closing and latching gates) don't apply to kiddie pools, and often the necessary layers of protection escape them.

Overall, according to the Centers for Disease Control, drowning ranks second as the cause of accidental injuries and deaths among children ages 1-14. But, the Centers note that toddlers are at the greatest risk when it comes to drowning.

One Mother's Tragic Tale Helps Gain Awareness About Kids Being Left in Cars

Wed, 22 Jun 2011 14:34:45 -0500

In Monday's Post and Courier, your South Carolina auto accident lawyers read an article that brings attention to a sad reality concerning parents, their children, and their cars. Last year, 49 children died of heatstroke after they were left in hot cars in the United States. Considering the outrageously hot temperatures we've been having the last couple weeks, it is important that efforts be made to prevent incidents where a child is left in car and subjected to extreme heat.

Experts report, in the last 12 years, that the parents of more than half of the 500 children who died from being left in a hot car simply forgot their kids were even in the vehicle. Founder of the nonprofit organization Kids and Cars says that, "If you have the ability to forget your cell phone, you can forget your child." The reality of the situation is that terrible things don't only happen to terrible parents, while good parents may think they will never forget their youngster is in the back seat, they can.

Kids and Cars is planning to print warning tags that read "Look Before You Lock." These warning tags will go into hospital take-home kits for new mothers as reminders to not forget their child in the car. It was not specified in the Post and Courier's article how these tags are to be implemented, but your child injury attorneys at Howell and Christmas, LLC think they are to be used in a similar manner as the handicap parking tags that hang from the rearview mirror.

Recent Child Death in North Charleston Determined to be a Result of Drowning, Tips for Child Drowning Prevention

Mon, 20 Jun 2011 12:32:26 -0500

A couple weekends back your South Carolina workers' compensation lawyers read of a sad incident where a 21-month-old toddler died after drowning in a pool behind her home. It's no surprise kids want to have some summer fun in the pool, but it is a major concern of Lowcountry officials that kids be safe this summer when enjoying their time away from school. Sadly, the toddler is not the only instance of a child drowning so far this summer, two young boys have also died in accidental drownings in St. Stephen and a 4-year-old girl had to be rescued from a Mt. Pleasant pool.

According to the Centers for Disease Control and Prevention, about 10 people die everyday from drowning. Charleston area officials are hoping heightened attention to child drownings will help keep our area kids safe this summer and curb this unfortunate trend of child injury and death.

In a report from the Post and Courier, the 21-month-old toddler died from drowning after being found in her family's pool in North Charleston. According to the report, her family lost sight of the little girl and after a short search spotted her in a pool. Authorities responded to a drowning call made by the family and took the unconscious and unresponsive toddler to Medical University Hospital. Unfortunately, medical staff was not able to revive her and she was pronounced dead at the hospital 45-minutes after the call was made to police.

Incident Involving Run-Away Inflatable Attractions Initiates Discussion on Safety Concerns

Fri, 10 Jun 2011 13:12:05 -0500

Your Charleston child injury lawyers recently read an article that describes an incident involving large inflatable attractions, commonly referred to as "Jump Castles" or "Bounce Houses." These toys are popular and fun for kids, but can create headaches for states in terms of how to classify these products and how to regulate their use. It has come to the attention of your experienced lawyers at Howell and Christmas, LLC that these inflatable attractions can be dangerous to children if they are not properly installed and anchored to the ground, or if they are not diligently supervised by an operator.

A 2005 Consumer Product Safety Commission report linked the popularity of inflatable amusement products with an increasing number of injuries being received at emergency rooms between 1997 and 2004. The Commission, in its report, was able to identify 1,300 injuries in 1997 and 4,900 injuries in 2004, this being the most recent data available.

Furthermore, the Commission warns that operators of these products should strictly follow the manufacturer's requirements to securing and anchoring inflatables to the ground, as to prevent the inflatable from being blown away and causing serious injuries to children and/or parents. In addition, larger inflatables, such as slides, should have at least two operators keeping an eye on the attraction and its young users. The Commission strongly urges operators to pay special attention to weight limits, making sure they are not exceeded to prevent collapse of the attraction on users.

According to RideAccidents.com, a website that tracks amusement ride accidents, at least ten inflatable toy attractions have been toppled over by strong winds or have collapsed under exceeded weight limits in the last two months. These instances have caused over 40 people to be injured.

Drunk Driver Crashes Car Filled Beyond Capacity, Child Killed and Three Others Critically Injured

Thu, 02 Jun 2011 13:21:59 -0500

While browsing internet news sources your Charleston drunk driving accident lawyers read a tragic article that makes one wonder how some individuals can willfully put, not only their own life, but the lives of children in immediate danger. The Chicago Tribune reported that a 47-year-old woman, while driving drunk, lost control of her 1993 Oldsmobile Cutlass when she attempted to pick up a fallen potato chip. At the time of the Memorial Day crash there were a total of 8 people were crammed into the Cutlass, which only seats five, four of which were young children. Because of the car was well over capacity none of the children were wearing seat belts, much less a car seat.

According to prosecutors, after losing control of the '93 Olds the car crashed into a guard rail and proceeded to spin around 7 times. Prior to the fatal auto accident, witnesses said they noticed the car swerving, and afterwards, State Police found a number of open beer cars inside the car. Reportedly the driver told the responding officers that she had been "drinking a lot of beer" at a barbeque before getting into the car, but the open cans within the vehicle suggest she, or one of the other passengers, had taken beers to drink on the road.

The female driver has been charged with aggravated driving under the influence (DUI) for an accident causing death and reckless homicide and held on $350,000 bond. Also according to the prosecutors, the woman's blood alcohol content was registered at .164, more than double the legal limit.

North Charleston Mother Accused of Child Neglect

Tue, 31 May 2011 11:07:28 -0500

In Friday's Post and Courier your Charleston child injury lawyers at Howell and Christmas, LLC read an article concerning an alleged child neglect incident that happened a week ago today. Last Tuesday afternoon, North Charleston police officers found a 9-year-old boy walking alone along the busy International Boulevard, according to the article. When police asked the youngster why he was by himself he responded by telling the officers that his mother had left him at the Walmart Supercenter on nearby Center Pointe Drive.

The boy also told officers he was making his way toward a library on Dorchester Road. When asked by police where he lived, he told the officers he lived in Dorchester Village, a mobile home park off of Dorchester Road. Then the officers kindly put the little guy in the back of their patrol car to give him a ride home.

Upon arriving to the 9-year-old boy's home, they found the mother lying on a couch. When the mother was first asked where the boy was, she said her son was at home. According to the police report, the officer "asked her to explain to [him] why [her son] was in the rear of [his] patrol car."

New Developments in Spartanburg Miniature Train Accident that Killed One and Injured Dozens

Tue, 24 May 2011 13:50:56 -0500

Back in March of this year, your Charleston child injury and death attorneys remember hearing about, but not posting an entry on, a horrific accident involving a miniature train ride. The accident occurred in Spartanburg's Cleveland Park when the miniature train derailed and flipped into a ditch. Now, according to authorities, excessive speed was to blame for the accident that killed a 6-year-old boy and injured dozens of others.

Thanks to a video shot by one of the young passengers investigators were able to determine the mini train was traveling more than 20 mph, which is nearly three times the recommended speed for such a ride. One investigator and accident reconstruction specialist said, "Too Fast. That was the complete cause of the accident, just too fast."

But, the attorney for the train's operator says his client is not totally to blame for the fatal accident. According to the operator's attorney, the speedometer on the train wasn't working properly and his client was never informed that there was a maximum speed he was not to exceed, and for the cause of this accident to be solely operator error, his client would have had to do something he was told not to do. Furthermore, he claims the device intended to restrict the train to a safe speed was never set correctly.