Articles Posted in Injuries to Children

https://www.northcarolinapersonalinjurylawyersblog.com/wp-content/uploads/sites/129/2017/03/Screen-Shot-2017-03-26-at-3.51.29-PM.pngDay care centers have become a reality for most families, as the majority of households have two working parents or caregivers. According to Child Care Aware of America, there are approximately 4,100 center-based child care programs in North Carolina, employing some 25,000 workers. The average salary for those workers is about $21,000 annually.

These facilities are entrusted to care for vulnerable infants and young children, who often cannot yet fully communicate and are unable to defend themselves. These centers have a significant responsibility in ensuring the children in their care receive the appropriate supervision and that staffers are fully vetted. Unfortunately, that doesn’t always happen.

Take the following case recently reported by NJ.com, wherein two day care workers are accused of initiating a “fight club” of toddlers, who were encouraged to fight one another so that the day care workers could record the incidents on their cell phones.  Continue reading

Accidents that result in a serious injury or death are often the result of negligence, or even gross negligence, which is a complete disregard for the safety of others. However, poor outcomes in these cases are generally not, on their own, enough to prove negligence.sandbar

General negligence requires proof that the defendant owed a duty of care to the plaintiff, the defendant breached that duty, and the plaintiff suffered injuries as a result.

In the case of Elliott v. Carter, a boy in Virginia tragically drowned while on a Boy Scout camping trip. His parents sued the troop leader for gross negligence. However, as the Virginia Supreme Court recently decided, the leader’s efforts to save the boy – while ineffectual and inadequate – were enough to overcome the assertion of gross negligence. One justice dissented.

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A Winston-Salem woman previously employed by a daycare is facing legal action in both criminal and civil court after an incident of alleged abuse at the center involving a 5-year-old boy. daycare

The 32-year-old defendant was arrested in June on charges of intentional abuse of a child inflicting serious injury, negligent child abuse inflicting serious physical injury, assault on a child under 12 and misdemeanor child abuse charges.  According to her arrest warrant, defendant slid the child across the floor of the day care center and then held him while instructing another child to hit him repeatedly.

Authorities say the young boy was covered in scratches and bruises across his body, including on his torso and arm, as a result of the attack.

Two months after the woman was arrested, plaintiffs – parents of the child – filed a civil lawsuit against both the worker and the day care center. Continue reading

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