For most parents, the possibility of their children suffering harm is one of the worst things to contemplate. Parents do everything they can to keep their children safe, but it is impossible to watch them every second of every day. When parents leave their children in someone else’s care, they expect those people to provide the same level of protection while also meeting the children’s needs. Unfortunately, this does not always happen, and children can sometimes suffer serious injuries at daycare due to the negligence of staff members. In these situations, parents will need to determine how they can hold a daycare center responsible for the harm suffered by their children and their families.

Causes of Injuries to Children at Daycare Centers

Daycare is often necessary during the day to ensure that children will be cared for while parents are working. Unfortunately, there are a number of issues that may put children at risk while they are at daycare, including:

• Dangerous toys or playgrounds - Many toys contain small parts that may be choking hazards for younger children, or they can sometimes have sharp edges or other problems that present a risk of injury. Children may be injured if age-appropriate toys are not provided or if staff members allow children to use toys that are damaged or otherwise unsafe. Children may also suffer injuries due to defective playground equipment at a daycare.

  ...

By: Attorney Jorge Fragoso

Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter are some of the most commonly committed offenses, and even though they may seem less serious, since they may not result in physical harm to a person, a conviction can still lead to significant penalties. Those who have been accused of property crimes will need to understand how the laws address their specific situation, as well as the potential defenses that may be available.

Wisconsin Property Crimes

Crimes against property may involve damage to someone’s property, illegally entering property such as a building, or misappropriation of money or property belonging to someone else. These charges include:

By: Attorney Christopher Strohbehn and Paralegal Ruth Campos

While motor vehicle collisions of all types can be serious, motorcycle accidents are especially likely to result in severe injuries. Motorcyclists have little in the way of protection, and they can suffer severe bodily harm if they are struck by a car or truck, thrown from their motorcycle, or make contact with the ground or other obstacles. Most motorcyclists recognize this danger, and they make every effort to protect themselves, including by wearing the proper protective gear, obeying traffic laws, and being vigilant for unexpected movements made by other vehicles. 

Unfortunately, it is impossible to prepare for every eventuality, and there are many situations where drivers act negligently, fail to share the road safely with motorcycles, and cause serious accidents. Motorcyclists who have been injured because of these actions may be able to take legal action and pursue compensation from negligent drivers who caused them any harm or injuries.

By: Attorney Megan Drury

Same-sex couples and those who are in the LGBTQ community have the same rights as opposite-sex couples. These include the right to get married, to end a marriage through divorce, or to grow their family by having children. In many cases, these couples will look to adopt children, and when planning to do so, they will need to understand their options and the procedures that will need to be followed.

Types of Adoption for Same-Sex Couples

The adoption process allows someone other than a biological parent to become a child’s legal parent. Same-sex spouses and other LGBTQ families may have multiple options for adopting a child, including:

Being arrested for drunk driving can cause a number of difficulties in a person’s life. A conviction for charges of operating while intoxicated (OWI) can result in a number of penalties, including large fines and potential jail time. However, one other issue that can play a significant role in these cases is the loss of driving privileges. An OWI conviction will typically result in a driver’s license suspension, and in some cases, after a person regains their driving privileges, they may be required to use an ignition interlock device (IID) on any vehicles they drive.

An IID is a breathalyzer device that is installed in a vehicle. A driver will be required to provide a breath sample before driving, and the vehicle will not start if their blood alcohol content (BAC)  is above .02 percent. Depending on the circumstances of an OWI charge, an IID may be required, or a person may obtain an occupational driver’s license that will allow them to drive with an IID during a period of suspension.

When Is an IID Mandatory?

Wisconsin law states that a person will be required to use an IID if they refused to take a chemical blood alcohol test after being arrested on suspicion of OWI, if they are convicted of OWI for a second or subsequent time, or if they had a BAC of .15 percent or more.

By:  Attorney Chris Strohbehn

After a long, cold winter, many Wisconsin residents who enjoy riding bicycles are happy to be able to hit the road as the weather warms up during the spring and summer. Riding a bike on the open road can be an exhilarating experience, and it can provide great exercise while serving as an efficient method of transportation. Unfortunately, it can also be dangerous. While bicyclists take many measures to stay safe, including by wearing helmets and other safety equipment, making sure their bikes are well-maintained, and following the rules of the road, they may be placed at risk of serious harm through no fault of their own. When sharing the roads with motor vehicles, bicyclists can be seriously affected by the negligent or aggressive actions of drivers, and these actions may lead to severe or fatal bicycle accidents. 

Violations That May Lead to Bike Accidents

To protect the safety of bicyclists and ensure that everyone can share the road, the state of Wisconsin has implemented a number of laws that drivers of motor vehicles are required to follow. These include:

By: Attorney Megan Drury

A couple that plans to get a divorce will need to address multiple types of assets during the property division process. While the division of some types of property may be fairly straightforward, determining to handle complex assets can often be a complicated process. This is especially true in cases where a couple owns a professional practice. After putting in so much time and effort to become a licensed professional and establish a practice, a person may be concerned about how their divorce will affect the ownership and operation of this type of business. If both spouses were involved in managing and operating a practice, they may be unsure about how to proceed during and after the end of their marriage. Since issues related to professional practices can become very complicated, a spouse can protect their rights and interests by working with an experienced divorce attorney.

Dividing or Sharing Ownership of a Professional Practice

Dentists, chiropractors, accountants, and multiple other types of professionals may establish private practices that allow them to interact directly with patients or clients, build strong and lasting relationships, and provide value to their communities. Professionals may need to receive extensive education and training, and they will also need to maintain the proper licenses to ensure that they can provide quality services to their clients. After putting in the time, money, and effort to establish themselves, build a successful business, and maintain a positive reputation, a professional may want to ensure that they will be able to maintain ownership of their practice and continue providing services to clients, regardless of what happens during their divorce.

By Jaclyn Kallie, Nicole Masnica, and Ray Dall’Osto

The criminal justice system is meant to provide everyone who is accused of a crime with the opportunity for a fair trial, and not to convict the innocent.  Unfortunately, this does not always happen, and far too many criminal defense cases are over-charged and a significant number result in wrongful convictions. In recognition of this, the State of Wisconsin allows those who have been wrongfully convicted to pursue compensation for the ways their lives have been affected by serving prison sentences for crimes that they did not commit. The lawyers at Gimbel, Reilly, Guerin & Brown, LLP, LLP recently helped one of our clients, who was wrongfully convicted, secure a significant award recommendation from the Wisconsin State Claims Board, which is significantly greater than the statutory maximum currently allowed.  

Claims Board States That Wrongfully Convicted Man Deserves $1 Million Award

The firm’s client, Daryl Dwayne Holloway, was convicted for two separate charges of home invasion and sexual assault alleged to have occurred in 1992. Even though there was evidence exonerating him at the time, including phone records and witness testimony showing that he was in another location at the times the crimes occurred, the jury convicted him nonetheless, based on the victims’ identifying him in a suggestive police lineup and indicating that they recognized his voice.  Mr. Holloway ended up serving 24 years in state prison before his conviction was vacated in 2016 and the charges were dismissed, due to the persistent joint efforts of GRGB attorney Ray Dall’Osto and the Wisconsin Innocence Project. See, https://www.grgblaw.com/case-results/wisconsin-innocence-project-s-effort-to-exonerate-and-free-daryl-holloway-applauded

By: Attorney Chris Strohbehn

Motor vehicle accidents come in many different forms. They may involve one car or multiple vehicles, they may take place at high or low speeds, and they may be caused by multiple factors. Rollover accidents can be some of the most dangerous collisions, and when a vehicle turns over onto its side or roof, the driver or passengers can suffer multiple types of serious injuries. By understanding the reasons why these accidents occur, victims can determine who was responsible, and they may be able to pursue financial compensation for their injuries and damages.

Reasons Why Rollover Crashes Occur

A car, truck, or other vehicle may turn over because of:

By: Attorney Jorge Fragoso

There are multiple different types of situations where a person may be accused of committing domestic abuse. These incidents are taken very seriously by law enforcement. If police officers are called to respond to domestic disputes or other situations where the safety of family members may be at risk, they may choose to arrest a person who is believed to have engaged in domestic violence. Those who are accused of committing these types of sensitive crimes may face criminal charges for battery or similar offenses. However, they will also need to understand when they may be subject to restraining orders or other limitations that will affect their lives and their relationships with their family members.

Arrests in Domestic Abuse Cases

While police officers in Wisconsin are not required to arrest a person after responding to a domestic violence incident, there are certain circumstances where officers may determine that an arrest is necessary. Generally, if an officer has a valid reason to believe that a person has violated the law by engaging in domestic abuse, they are required to perform an arrest if they reasonably believe that continued abuse is likely, if there is evidence that an alleged victim has suffered a physical injury, or if the alleged abuser is the primary aggressor in a domestic argument or disagreement.