By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Maryland and other States, acts of bullying have been caught or recorded on videotape, iPhones, Droids, videocameras, and surveillance video. Some bullies know that there brutal acts are being recorded and some do not. Some bullies even post their exploits to Facebook, You Tube, and other Websites for the whole world to see. It is unfortunate that bullying is still common in schools, day care centers, camps, sports teams, and elsewhere. Over the past few years, there appears to be more of an awareness of bullying and the passage of policies, procedures, regulations, and laws against bullying; however, bullying persists and comes in many forms including those that cause serious physical injuries and / or serious emotional harm. When a parent obtains videotape proof of bullying or a confirmed Incident Report of bullying, the parent is then faced with the issue of whether or not to puruse a claim or case seeking compensation for the harm caused by the acts of bullying. This is not an easy decision especially if the child victim is still enrolled in the school, day care center, camp, or other facility / location where the bullying acts took place. Furthermore, it is also complicated if the bully and the child victim continue to attend the same school or facility.
When a child rides a bike to or from school, at home, at a day care center, or elsewhere, a child should always wear a bicycle helmet. An accident can happen close to the home or far away. It can happen in the driveway, a sidewalk, or roadway. Because an accident or injury could take place at any time and at any location, the child should always wear a bicycle helmet. While a bicycle helmet will not prevent all head related injuries or other injuries, a bicycle accident does prevent a good many injuries or helps reduce the severity of injuries especially related to head injuries and traumatic brain injuries. The parent, teacher, child care provider, and others should also require that the child wear a helmet. While some children will resist, do not give the child an option on whether he or she wears a helmet. Either the child wears a helmet or the child should not ride the bicycle.
In schools and day care centers, special needs children, like other children, are entitled to be supervised and cared for in a controlled and safe environment. While not all injuries or incidents can be avoided, the school or day care center should take its best efforts to provide for the daily safety, education, and well-being of a special needs child accepted into the day care or school program. The four elements of a potential case against a school or day care center involving injuries to a special needs child are as follows:
During the school year and even summer months children walk to school and day care centers during the week. Some older children walk on their own while younger children walk or ride a bike with the supervision of a parent or other relative. On most days, the walk or ride to school or day care center is uneventful; however on some days, the walk to school or the day care center involves a terrible event in the form of an automobile accident, pedestrian accident, or bicycle accident. One would think that a child is safe walking to school if the child uses the designated sidewalks, crosses on crosswalks only, and otherwise acts in a safe and reasonable manner. Unfortunately, even when a child looks both ways and is as careful as he or she can be – there can still be a tragic accident that talks place during the short or long journey to school or a day care center. Some tragedies and accidents even involve vehicles that veer off the road and onto a sidewalk. While not all accidents or incidents are avoidable or preventable on the part of a child or the parent, it is most unfortunate and even tragic when a child is injured while merely walking on a designated sidewalk.
In Georgia and other States, there is a danger or risk to children in a very common area – the driveway or parking lot. Every day, children are at risk for injuries and even death when walking, sitting, or standing in or near a parking lot or driveway. This is especially true for back over accidents or incidents. Because drivers often forget that children are present or simply do not see children in or near driveways, back over accidents continue to take place in Georgia and other States. When backing up in a driveway or parking lot, drivers should take due caution to carefully look out for children and other pedestrians. When a child suffers personal injuries or dies as a result of a back over accident in Georgia, a claim or case can be pursued on behalf of the injured child or on behalf of the estate of the deceased child. These cases can be quite complex and typically involve issues including but not included to the following:
In Texas and other States, children, at times, suffer injuries as a result of the negligent and / or intentional acts of teachers, aides, child care providers, and others in schools and day care centers. Children should be cared for and educated in a learning environment that is geared towards the best interest of the children. Acts involving hitting, punching, pushing, shoving, or corporal punishment really have no place in schools and day care centers. While corporal punishment is still allowed in some schools and jurisdictions, it is often over used and / or excessive to the point that it causes physical injuries to the child or injuries that require medical care.
In Alaska and other States, parents rely on day care centers to provide for a safe haven for children during work hours and other times that parents need assistance with child care. On most days in most facilities, the children are cared for in an environment that is clean and focuses on the best interests of the children. When a facility complies with the applicable local and State day care regulations, there is a better chance that the child will be supervised properly and kept out of harm’s way. However, when a facility skirts the regulations and / or takes short cuts, children can be injured along the way. It is vital that regulations are followed and that staff members consistently and conscientiously watch out for the safety and well being of each and every child enrolled in an Alaskan day care center.
In homes, day care centers, schools, camps, and other child care facilities, there is a danger of distraction that typically is accessible or in the hand of most child care providers —- You probably guessed that the item is the mobile phone, cell phone, smart phone, iPhone, Droid, etc . . . . Technology has brought us the wonder of these mobile devices that provide you the weather on the spot, text messages, e-mails, news, and the world of the Internet on the move. While these phones can be a good tool and a great mobile means of communication, the phones can also be a distraction for those parents, adults, teachers, assistants, and child care workers responsible for the care and supervision of children. Rather than concentrate their vision on the children and their activities, many adults in charge or supervision are glued to their mobile phone screen and the moment —- This, in turn, causes distraction and less than optimal or consistent child care.