By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Teachers make mistakes. They are human. However, when a teacher makes a mistake, it can have larger consequences since children are often times involved. In Elk Grove, California, Crystal Defanti sent a DVD home with the children at the end of the year. Unfortunately, Ms. Defanti had 6 seconds or so of Ms. Defanti engaged in a sex act on the DVD. The Elk Grove Unified School District asked the families to return or get rid of the DVD. It is unknown from news report what penalties (if any) will be handed down to Ms. Defanti for distributing such a video. Whether you are a teacher or any other person, it is never a good idea to have yourself video taped while having sex. I am sure that Ms. Defanti wished that the video clip never existed in the first place. You can read more about this story at California Teacher Mistakenly Sends DVD with Sex Act Out to Her Students.
In Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.
In Pennsylvania and other States, gun owners should take the time and effort to place handguns, shotguns, and other weapons in a secure area or lock box away from children. Many children lack the maturity and good judgment to handle a weapon without close supervision and instruction. In Cumberland County, Pennsylvania, police are investigating the shooting of a 6 year old girl by her 9 year old brother. The children were at grandma’s house at the time of the shooting. The girl was transported to Penn State – Hershey Medical Center for serious personal injuries to her arm and torso from gunshot wounds.
Sheriff Bobby Guidroz of St Landry Parish, Louisiana has good advice for parents: Never leave a child unattended in a vehicle – not even for a minute. This summer, there have been several deaths in Louisiana and throughout the United States involving children who have been left in hot cars / vans that have caused serious personal injuries and deaths. Some incidents have involved parents and some have involved schools and day care centers. Injuries of this nature (hyperthermia) are completely avoidable with better supervision and due care on the the part of the parent, caregiver, teacher, counselor, and / or bus driver.
