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Special Needs Student Dies After Falling from Bus – Legal Rights of the Child and His Family

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When transporting children, it is important for the driver and all assistants and attendants on board to know the needs and abilities of the children being transported. This is especially true when a school or day care center is transporting a special needs child. A horrible tragedy took place in Baltimore County, Maryland when a 6 year old special needs student (Jeremy Jennings, Jr.) fell out of a moving school bus. The mother, who is very well versed in her son’s education and special needs curriculum, rightfully questions how the incident took place. What actions did the bus driver take? Where were the attendants at the time of the incident? Why wasn’t Jeremy properly restrained or secured in his harness? What are the policies and procedures for school transportation? Were the policies and procedures followed? In the wake of the incident, the two assistants were discharged from their employment.

Jeremy suffered a severe head / brain injury as a result of the incident and eventually died from these injuries at John Hopkins Hospital. See Special Needs Student Dies from Injuries Related to Falling Out of Moving Bus.

In Maryland, the parents a minor child can pursue a claim or case for the negligent death of a child and demand damages for mental anguish, emotional pain and suffering, loss of society, companionship, and comfort of the minor child. Really, no amount of money can award a grieving parent for the death of a loss of a parent. Nevertheless, the laws are set up to allow a Judge or Jury to make a financial determination for the proper award to the surviving parents.

Parents must deal with a variety of practical, medical, insurance, and legal issues when dealing with the aftermath of a child injury. The book titled – The ABCs of Child Injury – Legal Rights of the Injured ChildWhat Every Parent Should Know – has sections in the book on School Injuries, Automobile Accidents, Medical Bills and Treatment, Damages and other topics. A free copy of the book can be obtained by clicking here.

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