Articles Posted in Abuse & Neglect

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In professional sports, there is a wide gambit of behavior for coaches and players.   Many are wonderful role models who use their celebrity, good work, and inspiration to help others and improve the community and beyond.  Other professional athletes, however, by a single act or many bad acts put the league and professional sports in general in a bad light.  The National Football League is tested on a daily basis to bring entertainment to the masses while at the same time policing its own players, coaches, and other personnel.  It is a tough balancing act  but an important one especially since the players and coaches are looked upon for guidance, inspiration, and, yes for role modeling.   Recently, the NFL issued a firm statement regarding the playing status and suspension of one of the finest athletes in the NFL – Adrian Peterson.  While the suspension was handed down to one individual by the name of Adrian Peterson, the carefully and well crafted words of Roger Goodell took a strong stance against corporal punishment and child abuse.  As so aptly pointed out by Goodell, the injury was inflicted on a child who was only 4 years old.  Goodell pointed out that the size and strength of the child was so much different than that of Peterson.  Furthermore, Goodell pointed out that unlike an adult – a child had no realistic ability to fight back, flee, or seek the assistance of law enforcement.  Then, Goodell noted that the switch (i.e. tree branch) was the equivalent of a weapon that Peterson repeatedly used on his son.  Goodell then noted that Peterson indicated that he would not stop “whopping his kids” in the future.  (It should be noted that Peterson recently stated that he would never use a switch again on his son.)  These statements caused much concern to Goodell about Peterson’s proclivity to repeat these criminal acts and inflict harm on a defenseless child.  Because of all of the above and more, the NFL is requiring Peterson to undergo counseling and to sit out the rest of the 2014 season. His reinstatement in 2015 will depend on Peterson’s compliance and the results of counseling and treatment.
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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20F.jpgIn Wisconsin and other States, day care centers should be safe havens for children. They should be placed where children are well cared for in supportive, nurturing environment. Unfortunately, some day care center employees and volunteers abuse the children under the care of a day care center. These reckless employees and volunteers use their positions of trust to prey on children. Some are caught while many others go undetected only to go on to abuse more children along the way.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20F.jpgA day care center should be a safe haven for children. It should be a place where children learn and play in a supportive and nurturing environment. Certainly, a child should be free from abuse, neglect, and molestation while under the supervisionb of the day care center. For licensed day care centers, background checks are typically required. This helps weed out prospective employees with a troubled past including a criminal history of abuse and / or molestation. Furthermore, day care center workers should be trained and prepared to meet the needs of all the children enrolled in the child care facility. Unfortunately, for some children at day care centers, there are days filled with abuse and molestation. Some incidents result from carelessness, negligence, and inattention of the day care center staff. Some incidents are caused by hands of the very workers charged with the responsibility of caring for the children. Other incidents are child on child incidents. Yes that’s right, some children are abused, neglected, and / or molested by their classmates. When incidens like these area, I am asked by parents as a Child Injury Lawyer the following question:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Louisiana and other States, children are the unfortunate victims of abuse and neglect. The victimization of a child can take place at a home, relative’s home, friend’s home, in public, and, yes, even in a day care center. When a child is enrolled in a day care center, the facility has a duty to provide the child with a safe and clean learning environment that is free from abuse. The staff should be well trained. Furthermore the staff should have the personality and patience to be able to optimally and safely work with children. Day care center workers that are unhappy with their jobs, inpatient, immature, or just lazy may end up lashing out at a young child. It is well known that children do not always listen and at times disobey adults. Furthermore, children, especially day care age children, will cry and make messes. If a day care center worker cannot handle the foreseeable and common acts associated with young children, the the day care worker should not be employed in that position. For the safety and well being of the children, a more qualified and patient day care center employee should fill the position by the day care worker who simply cannot or will not handle the serious and important responsibilities of the job.

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By <a href="Google“>David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20furiture%20child%20table%20with%20red%20chair.jpgParents rely on day care centers to provide a safe educational environment for children. Unfortunately, many children are harmed in the very place where they should be safe. In some instances, a child enrolled in a day care center is harmed, attacked, assaulted, or molested by another child in the day care center. An attack at a day care center can have a profound effect on the victimized child as well as the family of the victimized child. Is a day care center liable for the injuries or damages caused by the attack of a child by another child enrolled in the day care center? Like many legal issues posed to me as a Child Injury Lawyer, the answer depends on the laws and regulations in place, the actions or inactions of the day care center, the knowledge on the part of the day care center, the foreseeability of the incident, preventability of the incident, and other factors.

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By Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn New York and other States, parents rely on family members, friends, neighbors, and others to serve as babysitters. While most babysitters are very caring individuals, there are some babysitters out there who lack the training, experience, personality, responsibility, and / or temperament to effectively serve, work, or volunteer as a babysitter. While it is often times helpful to do a background check on a babysitter, this is not always practical and many parents lack the funds or know how in conducting a background search on the babysitter. Some babysitters may have a clean criminal record but still present a danger to the child entrusted to the babysitter’s care. When the actions or inactions of a babysitter results in a the harm or injury to a child, there may be legal ramifications to the incident:

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By David Wolf, Attorney Published by Child Injury Lawyer Network

Gavel%20and%20Scales%20of%20Justice.jpgWhen a child is abused, molested, or assaulted, there can be legal consequences in the form of a criminal proceeding, administrative proceeding, and / or a civil proceeding. In each legal arena or court, proof or evidence will need to be presented so substantiate the allegations. In some cases, the evidence is overwhelming and a prosecution, conviction, or judgment is strongly supported. In other cases, law enforcement, investigators, prosecutors, government officials, and / or private attorneys are sometimes challenged to find the right evidence to prove the allegations. It should be noted that each State has a set of evidentiary laws as to what evidence is admissible and what evidence is not admissible in a given legal proceeding. As such, what may appear to be a strong case on the face may not be if the evidence is limited or excluded by the Judge. Because of the intricacies of the legal proceedings including those related to evidence, it is often times helpful to have the advice, consultation, and legal representation (when appropriate) of a Child Injury Lawyer on these matters. Here are some examples of evidence that may be admitted in a legal proceeding to prove the abuse, molestation, and / or sexual assault of a child. Again, it should be noted that the existence of the evidence is a different concept than the admissibility of the evidence.

DNA Evidence. DNA of the suspect / Defendant can be collected from the victim. This can include bodily fluids, blood, or skin. These items may also be detected and collected on clothing, bedding, furniture, and other items.

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By Robert Erben, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network

Music%20Sheet%20Child%20Safety.jpegIn most communities, there are dedicated and sincere individuals who devote a great deal of time to the education and betterment of children. Tutors, dance teachers, and music teachers certainly help enrich the lives of children lucky enough to get tutelage and instruction in the academics and / or the arts. Lessons and practices are frequently done after school and weekends. Many such sessions occur at the home of the child, home of the teacher or tutor, or another location. Often times, a child is left alone with the teacher or tutor. It should be noted that the majority of tutors and teachers are kind hearted individuals who truly care about the well being, safety, and advancement of the child’s education.

Unfortunately, there are molesters and predators who use these very positions of trust to prey on child. These molesters and predators are very clever and are able to play the trusted individual only to abuse, neglect, or molest the children entrusted to their care, supervision, and education.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpgIn California and other States, schools are staffed with conscientious teachers and staff members. Most teachers and aides are dedicated to their work and educate the students in a diligent and professional manner. Unfortunately, at times, teachers and aides use poor judgment and violate the rights of the students under their supervision. While teachers should be given some latitude and freedom to teach a class, some teachers and aides go “over the line” in their approaches to educate and discipline the students in their classrooms. In some instances, whether a teacher went “over the line” is a close call. In other situations, it is abundantly clear that a teacher went “over the line” and action should be taken to address the wrong.

In some instances, an informal reprimand will suffice. In others, additional action should be taken which may include a formal written reprimand, probation, suspension, educational courses, and, when appropriate termination. If the situation warrants it, there can even be an arrest if the actions of the teacher or aide constitutes a crime. As for a civil case or claim for compensation for the bad or negligent acts of a teacher or aide, each case must be evaluated on its own facts and merits to determine if there is a viable case or claim to pursue for compensation.