Articles Posted in Education

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By David A. Wolf, Attorney – Child Injury Lawyer Blog

book4In Tennessee and other States, parents rely upon bus transporation for their children during the school year. Most bus rides to and from school are quite uneventful which is a good thing. There are days in which a school bus accident results in serious personal injury and even death to innocent children riding a school bus. From a legal standpoint, a school bus accident case can be quite complex. If a public or government entity is involved, there can be procedures to go through and caps or limits on the amount of damages that can be recovered. In addition, a school bus crash often involves multiple victims and families who may be arguably competing for a limited pool of money or insurance. It was recently reported that there was a deadly school bus accident in Chattanooga, Tennessee. In multiple media outlets, the crash involved a single school bus that turned over on its side after hitting a tree. There were 35 students on the bus with 23 individuals transported to the hospital for medical care. Tragically, initial reports indicated that there were 6 fatalities / deaths resulting from this school bus crash. Due to the nature of the crash, serious personal injuries, and deaths, local and state police officials will conduct a detailed investigation to determine the cause, manner, mechanism, and preventability of this Tennessee school bus crash.

In the State of Tennessee and other states, government entities are protected some extent from lawsuits and personal injury claims. The manner in which a government entity can be sued is typically proscribed by statute. In Tennessee, a claim or case can be pursued against a government entity for the negligent driving of an employee, official, or agent of the government. While a claim or case can be pursued, there are caps or limits to recovery in Tennessee. An individual or surviving family member can recover up to $300,000 incident; however, there is an aggregate cap of $700,000 per incident. As such, the amount that a government entity can be held liable for in a school bus crash in Tennessee can be quite limited if there are more than a couple of claims. Certainly, the financial recovery in a wrongful death case against a private entity or individual can easily exceed the $300,000 as provided in Tennessee law.

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By David Wolf, Attorney

School Bus CrashDuring the school year, millions of children are transported to and from school in yellow school buses and similar transportation.  Unfortunately for some of these children, a school bus accident results in serious personal injuries and even death.  Like other driving situations, a school bus driver has a duty of reasonable care while transporting children.  If a school bus driver is negligent, then a case or claim can be pursued against the school district, city, and / or county.   It should be noted that the notice requirements are different for public schools and there may be limitations or caps on the damages recoverable by a child when the child is injured due to the negligence of a public school bus driver.  Because of the complexity of these cases, it is important that a parent contact a Child Injury Lawyer for advice, counsel, and, when appropriate legal representation.
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 By  David Wolf, Attorney

School Bus - Summer Heat - Personal InjuryIn North Carolina and other states, day care centers are subject to various rules and regulations.  Most day care laws are governed by state statute. There are some local ordinances as well.  When rules and regulations are violated, children are put at risk for personal injury and even death.   One simple rule, that for one reason or another, continues to be violated by day care centers involves the use and documentation of list as each child departs day care regulations.   That’s right, this simple regulation only requires pen, paper, due diligence, common sense, and last but not least attentiveness. When this regulation is violated, a child can be left behind and put at great risk for personal injury.  This is especially true during hot summer months and cold witness months.  In addition, any time that a child is left behind on a day care center school or bus, a child may be injured by other means like strangulation, poisoning, choking, etc. . .
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By  Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

New York City StreetIn New York and other States, parents rely on day care centers and the transportation provided by day care centers during working hours.  It is essential that day care centers carry out these responsibilities with due care and caution. It is well known that children (especially children under the age of 5 years old) lack safety awareness and good judgment. Because of this, it is vital that the child care providers and day care staff members follow applicable rules and regulations and otherwise perform their duties with a sense of professionalism and due diligence.  Finally, there is something that every day care center staff members should have from the lowest level employee to the administrator / owner – common sense.  While there are many rules and regulations, it is impossible for these day care center rules and regulations to cover every incident that could take place at a day care center. As such, the concepts of reasonableness, due diligence, and common sense should all come into play during the care, supervision, and transportation of children.
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School Bus - BlueBy David Wolf, Attorney

Published by Child Injury Lawyer Network

In the State of Washington and other States, schools and day care centers transport our most precious and important passengers – our children. In doing so, the school and day care center drivers have a legal responsibility to drive in a safe manner, obey traffic regulations and signs, and otherwise use their best efforts and judgment to get the children from one place to another.  One of the easiest tasks is the responsibility to make sure that all children are removed from the bus at the appropriate stop and certainly by the end of the run.   While this is a somewhat simple task, it is one that is commonly overlooked by day care center / school bus drivers and attendants.  It certainly requires more that merely checking the rear view mirror or completing a quick glance towards the back of the van or bus.  A school bus driver should conduct a visible sweep of the school bus. In other words, a school bus driver should safety park the bus and then get out of his or her seat and walk from the front of the bus or van and look in every seat and aisle all the way to the back and make sure that all children are removed from the bus.  It is also a good way to see if any children left any items on the bus like book bags, books, lunches, sports equipment, mobile phones, etc.  It is also a good idea to conduct a visible sweep two times for good measure.  If there is both a school bus driver and an attendant, then it is recommended by some school and child safety experts that each person (the school bus driver and the attendant) conduct the visible sweep of the bus.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgDuring the school year as well as summer months, school buses are on the road. Unfortunately, children are injured while riding school buses, while standing at bus stops, and while loading school buses. Because of the risks of injury, it is important for parent, children, camps, and schools to follow up simple steps. This, in turn, will prevent many personal injuries from taking place.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgDuring both the school year and summer time, children are transported by school buses and day care center vans. If a child is injured while being transported, what are the rights of the injured child? There are a few factors to consider regarding these personal injuries:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

educations%20school%20day%20care%20school%20bus%20close%20up%20view%20of%20top%20of%20yellow%20school%20bus.jpgDay care centers, schools, summer camps, and other child care care providers should have protocols and procedures in place to prevent what is been termed Hot Car Deaths

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgOne of the best experience for a child enrolled in a day care center, school, or summer camp is the field trip. It certainly can be an adventure for the day to get out to a different location and have fun with friends. Common destinations for field trips include: swimming pools, beaches, amusement parks, theme parks, movie theaters, historic sites, and other locations. Typically, a field trip is a great experience for a child.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgWhat is one basic duty of every day care center in the nation? Simply stated, it is the act of “roll call”. It is amazing how simple of a task roll call can be; however, it is more amazing how many times that roll calls are not completed or done haphazardly. This can be espeically troublesome during field trips and any time that a child is transported by the day care center or a transportation company.