Defining Child Neglect

Posted by on Apr 8, 2014 in Childcare | 1 comment

Children and the elderly often have special protection under the law because they are in most instances helpless and incapable of protecting themselves. They are also often the victims of abuse, and even if it is not active malevolence, they suffer neglect, which is also a form of abuse. Children who are neglected deserve the same protection under the law as the elderly, but it is often very difficult to detect.

Adults who may have a personal or professional interest in a particular case may suspect child neglect, but there must be proof to support any allegation made. The burden of proof differs from state to state. In North Carolina, for example, a “neglected juvenile” is any person under the age of 18 who is not given the appropriate supervision, discipline and care by the primary custodian such as a parent or guardian. According to the website of law firm Marshall & Taylor, P.C. in Raleigh, if the child is found to be living in an unhealthy environment, the child may be taken away until improvements can be made in the situation.

But because of each individual’s civil rights, it is hard to get any substantive proof of neglect unless the juvenile shows obvious signs of neglect, a relative or friend witnessed the neglect first hand, or the juvenile asks for help. While it is the right and responsible thing to report suspected neglect of a child to the proper authorities, one should also be careful about making such accusations as it can ruin a person’s reputation.

If you have been unjustly accused of child neglect, you will not only have your reputation ruined, but will most likely have your child/children removed from your care. If you are unable to respond properly to the charges, you can permanently lose custody of and parental rights over your child/children. You will need the help of a competent lawyer with extensive experience in handling family law cases to avoid this and get your children back.

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Liability for Above Ground Pool Dangers

Posted by on Apr 5, 2014 in Childcare, Pools | 1 comment

It is often difficult to come up with ways to keep very young children occupied, especially when it is a nice day with the sun shining, the birds singing, and the neighbor’s pool shimmering invitingly. You may not think twice about letting your child play with the other kids in water, unaware of the above ground pool dangers that may be lurking, especially for the very young. But the fact is, pools are probably one of the most dangerous areas for a child, and above ground pools are particularly risky.

Every day, approximately 10 people die somewhere in the US from unintentional drowning, and 2 of these are children under the age of 14. Unintentional drowning is one of the leading causes of death second only to birth defects for children between the ages of 1 and 4, and most of these drowning occur in residential swimming pools.

Above ground swimming pools are particularly dangerous to small children because it is difficult for them to climb out if they fall in by accident, especially when they are unsupervised. Owners have to make sure that their pools are secured against the unauthorized use by children because even if the children were trespassing, they are still liable in most states for any harm that befalls children if they are 10 years old and younger.  Above ground pools should have their ladders removed, the water drained, and the pool itself covered when not in use.

An article on the website of Ritter & Associates, a San Diego law firm, states that above ground pools are also more likely to result in a fall, which can lead to broken bones, head and neck injuries, and lacerations. Owners should be aware of their responsibilities in ensuring the safety of the people they invite to use their pools.

If you or a family member was harmed from the unsafe conditions of an above ground pool, you may be able to get compensation for our injury. Consult with a competent Greenfield personal injury lawyer steeped in premises liability law in the state and get an assessment of your case.

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