Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Maryland and other States, acts of bullying have been caught or recorded on videotape, iPhones, Droids, videocameras, and surveillance video. Some bullies know that there brutal acts are being recorded and some do not. Some bullies even post their exploits to Facebook, You Tube, and other Websites for the whole world to see. It is unfortunate that bullying is still common in schools, day care centers, camps, sports teams, and elsewhere. Over the past few years, there appears to be more of an awareness of bullying and the passage of policies, procedures, regulations, and laws against bullying; however, bullying persists and comes in many forms including those that cause serious physical injuries and / or serious emotional harm. When a parent obtains videotape proof of bullying or a confirmed Incident Report of bullying, the parent is then faced with the issue of whether or not to puruse a claim or case seeking compensation for the harm caused by the acts of bullying. This is not an easy decision especially if the child victim is still enrolled in the school, day care center, camp, or other facility / location where the bullying acts took place. Furthermore, it is also complicated if the bully and the child victim continue to attend the same school or facility.
In Texas and other States, children, at times, suffer injuries as a result of the negligent and / or intentional acts of teachers, aides, child care providers, and others in schools and day care centers. Children should be cared for and educated in a learning environment that is geared towards the best interest of the children. Acts involving hitting, punching, pushing, shoving, or corporal punishment really have no place in schools and day care centers. While corporal punishment is still allowed in some schools and jurisdictions, it is often over used and / or excessive to the point that it causes physical injuries to the child or injuries that require medical care.
In Alaska and other States, parents rely on day care centers to provide for a safe haven for children during work hours and other times that parents need assistance with child care. On most days in most facilities, the children are cared for in an environment that is clean and focuses on the best interests of the children. When a facility complies with the applicable local and State day care regulations, there is a better chance that the child will be supervised properly and kept out of harm’s way. However, when a facility skirts the regulations and / or takes short cuts, children can be injured along the way. It is vital that regulations are followed and that staff members consistently and conscientiously watch out for the safety and well being of each and every child enrolled in an Alaskan day care center.
In Kentucky and other States, children are enrolled in day care centers so their parents can work jobs and take care of other obligations during the typical day. In most cases, children are watched and supervised in a caring environment by trained child care workers and providers. Unfortunately, some day care providers either have a bad day and take it out on the children or just do not have the training, temperament, or personality to care for young children. When a child is struck, hit, slapped, punched, or otherwise subjected to corporal punishment, there may be a civil claim or case against the day care center or child care provider. In addition to a civil case, there may be a criminal prosecution against the day care provider or worker who struck or hit the child. In some of these incidents, there is even videotape or photographic evidence of the crime / incident taking place.
In Alabama and other States, most day care centers are required to apply for and maintain a license. For the reputable day care centers, background checks are completed to determine if the day care center employee has a criminal history and if the person presents an apparent risk to children. In addition, employment and backgrounds are completed as to the work history of the employee. While it is impossible to weed out or keep out all bad elements from being employed at a day care center, due diligence should be taken to check on the backgrounds and work histories of the day care center workers. When a parent enrolls a child into a day care center, it is reasonable for a parent to ask about and meet the day care center employees working in the facility. It is also reasonable to ask if any other employees or visitors have access to or will be near the children in the day care center. At some day care centers, the owners and / or relatives of the owners present a risk to children in the day care center facility. Background checks are not always completed on relatives living at the home day care center or who may visit the home or commercial day care center. Tragically, children are, at times, abused and molested by day care center employees, day care center owners, family members of owners / employees, or visitors to the day care center.
In Georgia and other States, children are the unfortunate victims of automobile accidents, trucking accidents, and bus accidents. When a child dies, it has a ripple effect throughout the family, school, Church and related institutions, and the community. When a child dies as a passenger in a vehicle, the fault of the accident (if any) typically falls on one or more drivers. There are a myriad of issues for parents to deal with following an accident. Since it is an emotional nightmare for a parent to deal with these issues, it is vital that the parents of the deceased child get the emotional and financial support during these troubling times. It is interesting but tragic to note that there is no term in the English language to designate a parent who loses a child due to a tragedy. This is especially true when the child is a minor and has yet to live her or her full life or potential. When a man loses his wife, he is a widower. A woman who loses a husband is referred to a widow. A child who loses both parents can be called an orphan. Despite the existence of these terms and many other words in the English language, there is no such term for a parent who loses a child. It is somewhat unnatural and indescribable for those who have endured or suffered though such a loss or tragedy.
In Alaska and other States, children are, at times, the unfortunate victims of bicycle accidents. Some children suffer only minor injuries while others suffer significant injuries. Some children even lose their lives as a result of a bicycle accident. It is important that every child form the habit of always wearing a bicycle helmet when riding a bicycle. Whether the child is merely riding around in the driveway or going on a longer bicycle ride, a helmet should always be worn. A child can be injured in a driveway as easy as a parking lot, roadway, sidewalk, or park. The use of a helmet is vital for a child’s safety. When there is a bicycle accident that leads to injury, one of the first questions asked by the police, medical providers, and attorneys is the following question: