Articles Tagged with child-injury-lawyer

We trust that when we send our child to school, the teachers, administrators, coaches and other staff are going to do all they can to ensure the safety of our youth. In fact, they have a legal duty to do so. schoolbuswithchild

When that does not happen, it may be possible to hold the school district liable for damages.

Such was the case in Smith v. Leake County School District, a matter recently before the Mississippi Supreme Court. While the lower courts had granted the school district governmental immunity after finding the protection of a bullied student was a discretionary function, the state high court reversed, finding it is actually a ministerial one.  Continue reading

Disney theme parks have built a reputation as a carefree, family-friendly destination that is a dream come true for any child. alligator3

But recently, those dreams turned into a nightmare at the Orlando park when a 2-year-old boy was snatched by an alligator in a shallow lagoon near the resort where his family was staying. His father, just footsteps away, wrestled with the animal for his son, but he was unable to free him. The boy’s body was found after 16-hour search. Several alligators were also killed.

Now, those of us in the legal field know that Disney is almost certainly facing a liability lawsuit in this scenario. Unless the theme park issues a swift and fair settlement to the boy’s family (who as of this writing had not filed any notice of claim), this could turn into a protracted and ugly legal battle – accompanied by all the negative publicity that comes with that.  Continue reading

When we send our children to school, we trust that those in charge (teachers, principals, coaches and aides) are going to properly supervise them in order to minimize their chance of injury. This is especially true when they are engaged in activities that pose a foreseeable risk. This is known as a duty of care. playground

Lack of supervision in and of itself doesn’t necessarily establish liability. Plaintiffs in these cases have to show that this factor was a proximate cause of the child injury. In many situations, it comes down to the individual. This is why the level of supervision required for a 6-year-old would be much higher than it would be for a high school student.

In a recent case out of Connecticut, a mother is suing the school district, a gym teacher and a second-grade teacher after the child allegedly suffered serious injury to her arm during gym class while being directed to perform a gymnastics move. 

Plaintiffs in a proposed class action injury lawsuit scored a major goal in an action targeting the U.S. Soccer Federal, Federation Internationale de Football Association (FIFA), the U.S. Youth Soccer Association Inc., National Association of Competitive Soccer Clubs Inc., California Youth Soccer Association and the American Youth Soccer Organization.soccer3

The New York Times reported that as part of an effort to resolve the Meher et al v. FIFA et al litigation, it would impose a series of safety initiatives specifically aimed at reducing head injuries for players – particularly women and children. The policy would set strict limits on young players, expressly banning participants under the age of 10 from “heading” the ball. Players between the ages of 11 and 13 will be required to significantly reduce the number of “headers” they can take on in practice.

Regulations will be required for all U.S. Soccer youth national academies and teams – which will include Major League Soccer Youth clubs. However, the rules will remain “recommendations” for development programs and other soccer associations that under the control of U.S. Soccer.

The U.S. Court of Appeals for the Second Circuit has certified a number of important questions regarding a $41.5 million negligence case wherein unresolved issues state law and public policy could have a significant impact on future negligence cases in that state.OLYMPUS DIGITAL CAMERA

Our Florida child injury lawyers know that while the state supreme court’s decision may not have a direct bearing on cases in Florida, where similar unresolved issues arise in other states, such determinations are often looked to for guidance.

This case, Munn v. Hotchkiss Sch., was weighed most recently on an appeal from the U.S. District Court for the District of Connecticut. The specific questions forwarded to the state supreme court are: