Facts About Common Injuries To Children

Baby injured?

Matt Cutts probably was injured as a baby too

Our firm is asked virtually every day about impairment to children, and why kids seem to get hurt so often. Children, because of their young age and lack of experience, have increased vulnerability to uncontrollable events. It’s easy to understand, they haven’t had the real-world, common sense type lessons we adults have had to help us stay out of danger.

Undeveloped Physiology

As the caregivers, children need us to keep them safe wherever they go and with whatever they use or play with. In turn, we adults foreseeably rely on manufacturers, business owners, and municipalities to provide a safe environment we shouldn’t have to worry about. Another reason for the alarming number of accidents and injuries to children is their physiology. A child’s head is disproportionately large compared to the rest of their small bodies. (See above illustration) They also tend to have a higher center of gravity, smaller, more fragile bones, and muscles that are not fully developed.

Specially Designed Products for Kids

For these reasons, the products they use must be specifically designed with them in mind such as bicycles causing bike injuries to children. If one of these products fails or does not take the child’s special needs into consideration, it may result in catastrophic injury to the child when it would merely hurt an adult. The same is true for household products, paint on children’s toys, and the fabric used in children’s clothing. To the little body of a child, a small amount of chemicals or toxins can kill. A small amount of lead in the paint used on a child’s toy can be poisonous and bring on several months of suffering the effects of lead poisoning.

Child Injuries in General

Any child injury lawyer will tell you that most deaths and injuries to children are caused by automobile accidents in the United States; this according to the Centers for Disease Control (CDC). It’s sad to note that estimates show that around four children die every day in car crashes and almost 600 are injured (according to the National Highway Traffic Safety Administration. Injuries and deaths are not limited to car crashes. Accidents involving bicycles, personal watercraft, household products, cooking accidents (burns, fires, and scalding), and drowning occur far too often and claim too many young lives. According to the CDC, emergency rooms see more than 200,000 children each reporting year; most for injuries due to accidents on playgrounds and at schools where they are supervised. Accidental drownings sometimes end in non-fatal injuries involving the water submersion. Sometimes there are injuries due to abuse of children in foster care homes and they are usually sensationally reported in the news.

Remedies and Causes

Children can also suffer traumatic brain injuries like concussions, skull fractures, or penetrating injuries from accidents, slip and falls, or even simply falling off a bicycle without wearing their helmets. Finally, lead poisoning is not limited to the recent developments involving the paint used on some children’s toys made in China. Some homes still have paint that contains lead; some homeopathic remedies still contain lead; even the soil around your home may contain lead. All have the potential to poison your child. If your kid is physically compromised in any way including any of the ways described above, you need to contact legal counsel immediately. We can evaluate your case and establish who the responsible parties may be during the consultation. Call us now at 1-888-400-9721.

Sources:Russell Silver Syndrome (RSS) Intrauterine Growth Retardation (IUGR) Small for Gestational Age (SGA): http://www.childgrowthfoundation.org/Default.aspx?page=ConditionsRSS

 

Teacher Abuse Laws Involving Students

Los Angeles attorney Mike Ehline

When a teacher violates the rights of a student or endangers the student’s safety or well-being, this can be considered teacher abuse of a student. State and federal laws are strict in their regulation standards, which teachers are theoretically guided by. The teacher that conducts themselves in a way that violates the educational standards can face both civil and criminal penalties.

 

Teacher abuse does not commonly occur, however it does happen. Students might not be aware that they have been mistreated, especially younger students. It is essential that both students and their parents are aware of any situations that could be considered abusive.

 

What is Teacher—Student Abuse?

 

There are many forms of student abuse and not all of them include physical contact by the teacher. The common situations that involve abuse of a student by a teacher include:

 

  • Discrimination, which certain categories are protected, gender, disability, and race.
  • Physical, emotional, and sexual harassment of the student.
  • Restricting constitutional rights of the student, which can include freedom of speech and freedom of expression.
  • Unauthorized or excessive use of “corporal punishment” or physical force.
  • Unfair academic treatment, which can include preferential grading or bias.
  • Denying educational opportunities.
  • Failing to address special needs of a student, including handicap access.

 

One of the largest problems with student abuse by a teacher, is that many students, especially young charges might not be aware or recognize if corruption or maltreatment is occurring or not. It is crucial for parents to be involved in their child’s education and to listen when a child speaks of any situation occurring at school that involves any type of ill-treatment at their school.

 

What should be done when your child has Suffered Mistreatment at School?

 

When you believe that your child has suffered abuse at school by a teacher or other educational employee or worker there are steps that can be taken by the parent, including:

  • Contact school officials and the school board immediately, and schedule an emergency meeting. This is crucial, while the incident is still fresh in your child’s mind. Delaying contacting school officials and scheduling a meeting as soon as possible, can affect a future claim negatively.
  • It is important for parents to know the school policies and regulations concerning teacher conduct. Ask if the school district has had incidents of student abuse and what was done.
  • The parent that suspect’s teacher abuse occurred should request that the school district conduct an investigation into the incident. Request that the individual investigating provide you with a written report and formal explanation of their findings in the incident.

 

Should the school board not address the problem with an adequate solution, a choice you may be left with is to filed for an investigation with a government agency, like the Department of Education. This agency will conduct an investigation of the alleged abuse and determine corrective measures, when appropriate. When you believe that the government investigation is not sufficient, another choice will be to file a civil lawsuit to for injuries, to recover losses and hold the negligent parties accountable.

In the state of California the student’s safety is a priority and if you suspect your child has suffered abuse file an accurate and timely report of the incident. In some cases it is required that the victim, or parent file with a government agency prior to filing a civil lawsuit. Depending on the abuse incident, criminal charges may also be involved. If your nestling tells of any type of incident that may be teacher—student abuse, take it seriously. There are no penalties for filing a report with the school district or government agency, alleging teacher—student abuse. The student’s safety is California’s main concern in the educational setting.

 

If My Child was Abused by a Teacher, do I need an Attorney?

 

Should you suspect that your child was abused by an educator, or faculty member in any way, you should contact academy officials immediately. When the situation is dangerous for your child, you may also want to contact the police and consult an attorney for advice. A legal representative can assist you in filing a claim, if that should become   required. The experienced attorney will be able to explain the range of laws that govern teachers in the public educational institutions.

More Sources: Child Abuse Information from Ehline Law Firm PC: http://losangeles.ehlinelaw.com/child-abuse-molestation-injury/