Child Injury Lawyer Blog
The statute of limitations is the time period by which a party or victim needs to take legal action to enforce rights and / or seek financial compensation for the negligence or intentional harm caused by a person, business, and / or government entity. These time limits are proscribed or set by the legislation in statutes / laws. The time period for a particular case will depend on the state where the incident took place, the type of action brought, and the parties involved. Over the years, legislatures have broadened the time limits by which a victim can bring forth a case based on the sexual abuse of the victim.
The statute of limitation in sexual abuse cases has always been a topic of discussion amongst the law community as it is very impactful on the amount of cases received by firms. The topic is also sensitive when understanding the physical and emotional trauma that may impede an individual from filing a lawsuit within a set amount of time after the incident. As time has gone on and many states have become more progressive and understanding of the victim’s position in sexual abuse cases, we have seen a positive trend in the expansion of statutes of limitations in these cases. Just recently, both New York and New Jersey passed laws affecting their statute of limitations. What’s interesting is that they both went about this in different ways. Having realized that many cases of sexual abuse involving a child had been swept under the rug, New York passed the Child Victims Act (CVA) which repeals the statute of limitations on these cases for a period of a year and raises the age limit to 28 in criminal cases and 55 in civil suits . The one-year grace period for cases outside of the statutes of limitations led to 439 cases being filed on just its first day enacted. New Jersey’s approach was to raise the statutes of limitations age to 55 for all child abuse cases or within 7 years of the victim’s realization that the abuse caused harm. The most recent example of a state that is expanding its statute of limitations involving sexual crimes is Texas. Effective September 1st, the statute of limitations has been doubled from 15 to 30 for personal injury claims related to sexual assault.
What is important about the changes being made in these states is that it sends a message to survivors of these heinous crimes that legislators are listening and that they are not going unheard. These changes encourage more people to report actions that may be considered sexual assault/abuse and gives less reasons as to why it should be brushed under the rug. With cases like Jeffrey Epstein’s reaching national media coverage, more and more states are becoming aware that they need to stand up for victims of sexual abuse. As 2019 continues, keep an eye out for more states to follow in the footsteps of New York, New Jersey, and Texas.
In Texas and other States, children are enrolled in schools, day care centers, after school supervision, sports leagues, and other programs. While enrolled in these programs, children should be supervised in an environment that promotes their education, safety, and well being. The teachers, aides, coaches, and others should be subjected to background checks. Furthermore, they should act professionally and have the proper demeanor and attitude to work with children. It takes a certain disposition and personality to work with and supervise children. Some have what it takes to properly care or and supervise children while others do not. Unfortunately, children are often injured by the very people who are employed to care for them. When a child is injured at a school, day care center, after school program or other program / facility, there are often challenges and issues to the case or claim. Because of these challenges and complexities, it is often times helpful to consult with a Child Injury Lawyer for advice and legal representation.
In Texas and other States, incidents that take place at day care centers or as a result of day care center negligence or neglect can and do result in the criminal prosecution of the employees and / or administrators of the day care center. In most States, a person can be arrested for reckless conduct that is not intentional in nature. A good example is a DUI crash involving injury. The DUI driver did not necessarily intend to run over the pedestrian but the DUI driver was certainly reckless in driving under the influence of alcohol. In this case, the driver was reckless and can be arrested and prosecuted for crimes related to the pedestrian / automobile accident.
In Texas and other States, day care centers have the duty to provide timely and consistent supervision of children enrolled in the day care problem. The day care center and staff should properly monitor and account for the children during activities inside the facility, outside the faciliuty, and during field trips. The transportation of children enrolled in Texas day care centers and summer camps can lead to serious personal injuries if there is careless driving on the part of the day care center van driver or other drivers on the roadway. Transporation can also involve the risks of children left behind in the van especially during the sweltering heat of summer. Tragically, a number of children have died as a result of being left behind in a day care center van or school bus. Many day care care center employees, owners, and administrators do not realize the risks associated with leaving a child unattended in a hot vehicle even for just a few minutes. While there are van and bus alarms that can be installed to remind the driver and attendant to clear out the van or bus, there is also a simple process or procedure that can be and should be used during each and every list. It is called a checklist. The use and consistent completion of a checklist can and does save lives. Each child transported on the field trip should be on the list. Roll call should be taken when the bus or van stops at its location. Thereafter, another roll call should be completed when all of the children have exited the van or bus. In addition, it makes sense as a safety precaution for the driver and an attendant (if available) to each do a visual sweep of the entire van and bus at all stops and destinations.
In Texas and other States, children are the unfortunate and tragic victims of abuse and neglect a day care centers. While many incidents are reported and investigated by local law enforcement, many such incidents go unreported and are hidden from the parents of the abused and neglected child. With technology and other advances, many day care centers now have video surveillance in the facility. Many day care centers even offer parents a portal during the day so that parents can log in and view the day care center activities and child care. Video surveillance often times is effective in helping the day care center owner and parents monitor the care provided by the day care center employees, staff, and volunteers. One would think that the presence of video surveillance would deter the imposition of unauthorized and abusive corporal punishment and other harmful acts of day care center employees and staff. Even with video surveillance in place, some employees still abuse and neglect children even with a camera pointed at them. It may be that the employee did not know that video surveillance was in place or had forgotten about the presence of video surveillance.