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What are the Legal Ramifications When a Baby is Attacked or Assaulted?

By David Wolf, Attorney Published by Child Injury Lawyer Network


As parents, we do our best to protect our children and provide a safe environment for them. Unfortunately, there are some risks and dangers that cannot be foreseen or anticipated by a parent. One such incident recently took place in Bellingham, Washington. It was reported that a man punched a baby in the face in a senseless attack for no apparent reason. The child was four months old and was hit so hard that the child needed treatment a a local hospital. Witnesses as well as responding law enforcement officers were quite shocked by the incident. You can read more about this tragic and unconscionable attack on this child at Baby Punched in Bellingham Washington.

When a child is attacked or abused, there may be one or more legal proceedings that result from such an attack. These include the following:

Criminal Proceedings. Criminal charges can be filed and pursued by the local law enforcement and prosecutor’s office. The standard of proof is beyond a reasonable doubt and the Defendant will be entitled to legal representation by a criminal defense attorney or the public defender’s office.

Administrative Proceedings. If the attack or abuse took place in a school, day care center, or other facility licensed or monitored by a government entity, there may be an administrative proceeding initiated to review, suspend, or revoke applicable licenses for the facility where the abuse / attack took place.

Social Service Investigation. The government agency in charge of child welfare may also conduct an investigation to determine the present and future risk to the child subjected to the abuse or the attack. This may result in a change in custody and / or supervision of the child and other remedies.

Civil Proceedings. A claim or case can be pursued against the person who committed the attack or the abuse. There may also be a claim or case filed against the facility or business where the attack / abuse took place if the attacker was an employee, if the facility had prior notice or problems with security or attacks, or if the facility, business, or organization was otherwise negligent.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Day Care Center Injuries, Child Abuse, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

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