Understanding school liability in California requires navigating a complex legal landscape, particularly the defense known as the Assumption of Risk.

Overcoming the “Assumption of the Risk” Doctrine

In California, most sports-related lawsuits face a significant hurdle: Primary Assumption of Risk. This legal doctrine suggests that by choosing to participate in a sport, the athlete (and their parents) accepts the inherent dangers of that activity. For example, a soccer player assumes the risk of an accidental collision.

However, this is not a “get out of jail free” card for schools. To hold a school or district liable, we must demonstrate that the school’s conduct increased the risk of injury beyond what is inherent to the sport. Examples of overcoming this doctrine include:

• Failure to Supervise: Coaches failing to monitor drills or allowing “hazing” rituals.
• Defective Equipment: Providing helmets or pads that are outdated or broken.
• Environmental Hazards: Forcing students to play on unsafe surfaces (e.g., fields with hidden holes or extreme heat without water breaks).
• Gross Negligence: Pushing an athlete to perform a maneuver that is clearly beyond their skill level or dangerous for their age group.

The Role of Athletic Trainers and Concussion Protocols

Research indicates that high schools with certified athletic trainers on staff see significantly fewer injuries. While trainers are a vital safety net, their presence (or absence) can also be a focal point of liability:

1. Failure to Diagnose: If a trainer or coach fails to recognize signs of a concussion and returns the student to play, the school may be liable for “Second Impact Syndrome” or aggravated TBI.
2. Statutory Violations: California law (such as AB 2127) strictly regulates how schools handle concussions. If a school fails to follow these mandatory protocols, the Assumption of Risk defense often crumbles.

High-Risk Sports: By the Numbers

According to the CDC, certain sports carry a disproportionate share of the risk for emergency room visits and TBIs:

Holding Schools Accountable in Poway

If your child was injured, the school district may argue that the injury was “just part of the game.” Our job is to prove otherwise. Whether it was a coach ignoring a heat warning, a trainer failing to pull a dizzy player from the field, or a district failing to maintain its facilities, these are not “inherent risks”—they are negligence.

Contact North County Injury Lawyers Today

If your child sustained a serious injury while playing school sports in Poway, don’t assume you have no recourse. We can help you evaluate the facts and determine if the school increased the risks to your child.

Would you like me to draft a checklist of questions you should ask your child’s coach or trainer following an injury to help document the incident?

The teacher allegedly began having sexually charged conversations with the female student when she was 15 years old, which escalated to sharing explicit photos, videos, and text messages. The incidents reportedly continued even after the victim turned 18. The investigation is ongoing, and the alleged incidents occurred at varying locations, not exclusively on campus¹.

The student came forward to San Diego police on July 31, prompting the sex crimes unit to initiate an investigation. The Poway Unified School District was notified of the allegations and investigation in August, leading to Walker being placed on leave and an internal inquiry launched by the district. Mt. Carmel Principal Yael Bozzay assured parents that the school takes the situation seriously and is fully cooperating with law enforcement¹.

Under California law, students have the legal right to sue teachers and educational institutions for sexual abuse, a critical aspect of students’ legal rights in the educational context. Sexual abuse by teachers is not only a criminal offense but also grounds for civil litigation, allowing victims to seek compensation for damages such as pain and suffering, medical expenses, and counseling costs. The state has specific statutes that address the liability of educational institutions and employees, including teachers, ensuring that victims of sexual abuse can pursue justice and financial redress. This legal framework is designed to provide a mechanism for accountability and to foster a safe educational environment.

Significantly, California has taken steps to make it easier for victims of childhood sexual abuse to file lawsuits, even years after the abuse occurred. The state has enacted legislation that temporarily suspends the statute of limitations for such cases, giving survivors a window of opportunity to seek legal action regardless of when the abuse took place. This legislative change underscores California’s commitment to supporting victims and ensuring that educators and institutions are held accountable for their actions. By allowing former students to sue for abuses that may have occurred in the past, California strengthens the legal recourse available to individuals impacted by sexual abuse in educational settings, emphasizing the importance of protecting students and upholding their rights.

Walton Law Firm has been represented individuals and families impacted by personal injuries, including sexual assaults, for more than 20 years. Call us for a free and confidential consultation.

When young students are required to use certain devices or objects in science classes for experiments, those students could be at risk of suffering a serious burn injury. Anytime science classroom experiments require students to use flammable materials, a serious fire could start and students could suffer disfiguring and severe burn injuries. A recent report from CBS 8 San Diego discusses a burn injury case in which a sixth-grader in the Encinitas Union School District sustained life-threatening burn injuries. That student’s family recently filed a lawsuit against the school, and that claim highlights the serious dangers of particular classroom activities.

Science Classroom Experiment Resulted in Face and Neck Burn Injuries

According to the CBS 8 San Diego report, the recent claim against Encinitas Union School District centers around a 13-year-old student, Priest Rivera, who “suffered burns to his face, neck, and chest after a school experiment allegedly went wrong.” The family alleges that the Encinitas Union School District is responsible for the injuries according to legal theories of negligence, and negligent supervision and training. As a result of the injuries, the student required four surgeries and spent one week in the burn unit at UCSD. The student’s complaint alleges that he ultimately suffered “severe and permanent injuries.” How did the burn injuries happen?

The 13-year-old student was in a Capri Elementary sixth-grade classroom shortly before school let out for the summer last June. The student and his other classmates were participating in a science experiment that is commonly known as “black snake” or “carbon snake.” The experiment involves igniting a mixture of baking soda and sugar, which results in the melted sugar pushing out and “forming a snake-like ash.” According to the student, the experiment was not working as it was intended, and he indicated that “the science teacher kept pouring more rubbing alcohol to make the flame build up more.” The student’s head and neck caught on fire, and students around him reportedly said, “he’s on fire.”

Burn Injuries can Occur in Any Science Classroom When Precautions are Not Taken

While this Encinitas case highlights a serious accident that happened right in Encinitas, it is certainly not the first of its kind. Shortly after Priest Rivera suffered burn injuries in Encinitas last June, a former high school student in New York won a $60 million verdict for a burn injury claim arising out of a chemistry classroom experiment. According to an article in The New York Times, in July 2019, a Manhattan jury found the New York City Department of Education and the student’s teacher “liable for an accident that left much of his body scarred from third-degree burns.

In a Beacon High School chemistry classroom, “a large fireball exploded when an experienced science teacher, Anna Poole, conducted an experiment intended to show how salts change color when exposed to methanol.” The experiment is commonly known as “the Rainbow,” and it is known to have caused at least two other accidents in science classrooms across the U.S. in recent years. The accident caused a large fire, and the student who won the lawsuit was “caught in the flames.” The third-degree burns were so severe that the student “is no longer able to sweat through some parts of his body.” He required “Extensive skin graft surgeries” and spent a total of five months in the hospital.

Contact a Burn Injury Lawyer in Encinitas

Burn injuries can have a variety of causes. If you suffered burn injuries caused by another party’s negligence, you should speak with a burn injury lawyer about your case. Contact the Walton Law Firm to learn more about filing a claim.

See Related Blog Posts: Recalled Instant Pots Could Cause Burn Injuries in Rancho Bernardo Preventing Injuries from Defective Electronics in San Diego

Now that school is back in session in Carlsbad, it is important for parents to think carefully about school bus safety. Whether you children ride a school bus or walk to school in areas with school buses, bus accident and injury prevention should be on your mind this fall and throughout the school year.

According to a recent report from ABC News, most child injuries involving school buses occur when a motorist fails to abide by traffic laws pertaining to school buses. For example, automobile drivers might fail to stop when a bus stops to let kids off, or car drivers might not pay attention when they are speeding along roads where children are waiting for a school bus. At the same time, kids can get injured while riding on school buses. Despite all of these injury risks, the report points out that “a school bus is one of the safest vehicles on the road.” What do you need to know about school bus safety and bus accident prevention?

School Buses are One of the Safest Ways for Kids to Get to School

First, if your child takes the bus to school, you should not panic. As the report emphasizes, school buses really are one of the safest ways for kids to get to school. To be sure, school bus drivers “have gone through extensive training to make sure the kids are safe when getting on and off the bus.” Data from the American School Bus Council supports this point, noting that “students are about 70 times more likely to get to school safely if they take a school bus instead of traveling by car.”

Why are school buses safer than other forms of transportation? First, the structure of a school bus is such that passengers are safer than they would be in a smaller automobile. The color of school buses was also designed with safety in mind. With the bright yellow, they are less likely to be struck by cars, trucks, and other vehicles. The National Highway Transportation Safety Administration (NHTSA) also indicates that school buses are more regulated than any other vehicles on America’s roadways, and bus features (such as the extending stop-sign arm and the bright color) help to protect kids who are disembarking.

At the same time, however, school bus accidents do occur.

Learning More About School Bus Accidents and Safety Precautions

Although your child may be safer in a school bus than in another parent’s automobile, it is nonetheless important to keep in mind that accidents involving school buses can and do occur. As the ABC News report clarifies, a particularly high number of school bus-related accidents happen because drivers fail to stop when the stop-sign arms of a school bus is extended. Last year alone, about 96,000 incidents were reported in which motorists failed to stop—as traffic laws require—for a school bus. Accidents can also happen when students are not following bus rules, as well as when a school bus driver is negligent.

While parents cannot prevent every school bus accident, there are some safety measures we can take. The following are tips from Consumer Reports:

• Keep a safe distance from the bus as it approaches;
• Do not enter or exit a school bus until the drivers permits it;
• Stay as visible as possible to the school bus driver, which means walking at least 10 feet ahead of the bus when you cross in front of it and never crossing behind a bus;
• Use handrails when exiting the school bus;
• Wear a seat belt if one is available;
• Keep your arms, hands, and legs inside the bus;
• Remain in your seat while the bus is moving; and
• Do not get up from your seat until the bus has come to a complete stop.

Contact a Carlsbad Bus Accident Lawyer

If you have questions about filing a bus accident claim, a Carlsbad bus accident attorney can assist you. Contact the Walton Law Firm today to learn more about the personal injury services we provide to plaintiffs.

See Related Blog Posts: Dozens of Children Involved in San Diego County Bus Accident Rancho Bernardo Back-to-School Bus Safety

For working parents in San Clemente, it is important to be able to rely on a day care facility to take care of your kids during business hours. We all want the best for our children, and San Diego County parents do significant research into daycare facilities to ensure that their kids will be able to learn and play in a safe environment during the workday. Yet daycare accidents can happen at almost any facility. In some situations, accidents and injuries at preschool may be unavoidable. However, daycare and preschool facilities can take preventive measures to ensure that kids do not suffer serious personal injuries. What are some of the most common daycare injuries, and what can facilities do to avoid them?

An article from DC Insurance Services cites the following injuries that often occur at daycare and preschool facilities, as well as ways to prevent them.

Accidents on the Playground

According to the article, playground accidents are the most common cause of injuries at daycares and preschools. The U.S. Centers for Disease Control and Prevention (CDC) estimates that more than 200,000 children under the age of 15 visit emergency departments every year due to playground injuries. The types of injuries sustained on the playground can vary from more minor cuts and bruises to severe and debilitating injuries like broken bones or traumatic brain injuries (TBIs). While it is important for young children to learn the value of outdoor activity, it is also important to take steps to prevent injuries.

What can daycares and preschools do to prevent playground accidents? First, and most importantly, children should be properly monitored at all times. Additionally, all playgrounds should be inspected to ensure that they meet safety codes and to ensure that there are no damaged parts that could cause injuries.

Being Struck by Objects

We often think of “struck-by” injuries as those most often affecting construction workers. However, young kids at daycares and preschools can also suffer serious injuries after being struck by objects. Essentially, any pieces of furniture that can tip over, or any heavy objects placed up on shelves or tables that can fall and strike a small child have potential to cause injuries. For example, bookcases and other shelves regularly tip over, causing serious injury to kids.

Daycares should ensure that all furniture that can tip over is safely attached to the wall (to prevent tipping) and that heavy objects are not placed on furniture where they might easily fall and strike a child.

Burn Injuries from Heating Devices

Whether a daycare or preschool uses bottle warmers to heat up infant formula or crock pots for other food heating, it is important to recognize that these devices can cause serious injuries to young children. It can be difficult to prevent kids from touching hot objects, and they can suffer severe and even life-threatening burn injuries.

What is the solution? In most cases, child safety advocates urge daycares and preschools to avoid using electric heating devices altogether, particularly if they need to be used in a room where children are present. Instead, infant formula should be heated with hot running water from a sink.

Seek Advice from a San Clemente Daycare Injury Attorney

Was your child recently injured at daycare or preschool? The facility may be liable. A daycare injury lawyer in San Clemente can speak with you about your case. Contact the Walton Law Firm to learn more about filing a claim for compensation.

See Related Blog Posts: Rancho Bernardo Back-to-School Bus Safety Preventing Overuse Injuries in Children

(image courtesy of Markus Spiske)

For parents and their neighbors in Rancho Bernardo, it is important to understand important school bus safety laws as kids throughout California return to school. We can all take steps to prevent bus accidents. However, according to a recent report from CBS News, many drivers do not always obey school bus safety laws simply because they do not know them. Now is the time to learn because the California Highway Patrol (CHP) plans to conduct pedestrian safety enforcement operations along the California coast in the coming school days.

What are School Bus Laws in California?

In short, it is important for motorists to know how to behave around a school bus (and how to obey the law). In particular, if you are driving behind a school bus that is picking up or dropping off children, or if you are approaching such a bus from the opposite direction, what does the law require you to do? The report emphasizes the importance of understanding and abiding by the following laws to prevent child pedestrian accidents and fatalities:

• If a school bus is flashing red lights, you must come to a complete stop regardless of whether you are approaching the bus from behind or from the opposite direction;
• Once you come to a stop for a school bus’s flashing red lights, do not start to move again until the bus’s lights stop flashing and the children are clearly across the street safely; and
• Know that yellow flashing lights on a school bus often mean that the bus is slowing down, and any nearby motorists should plan to soon come to a complete stop once the lights become red.

Whether Southern California drivers know these laws or not, many do not abide by them. Last October, a one-day study concluded that “26,000 motorists statewide failed to stop for a bus that was stopped to load or unload students.” To help enforce the law, CHP officers plan to ride on school buses and to contact nearby patrol units if a motorist illegally passes the school bus when it has red flashing lights. Drivers in California can be assessed fines up to $1,000.

Taking Additional Steps to Prevent Accidents Involving School Buses

What else can parents and drivers do to help prevent pedestrian accidents around school buses? The AAA Foundation for Traffic Safety recommends that drivers always do the following near school buses or while in school zones:

• Wait your turn whenever you are approaching a stopped school bus;
• Look in the medians to ensure that no children are attempting to cross the street;
• Be particularly cognizant of the fact that the 10-foot area around a school bus is where kids are most likely to be involved in a collision with the bus or another motor vehicle;
• Slow down and obey the speed limit; and
• Never pull into a crosswalk when coming up to a stoplight or waiting to make a right-hand turn.

Contact a Rancho Bernardo Bus Accident Lawyer

Many bus accidents in Rancho Bernardo and throughout San Diego County are preventable. If you or your child sustained injuries in a collision, you may be able to file a claim to seek compensation from the negligent driver and should speak with a Rancho Bernardo bus accident lawyer as soon as possible. Contact the Walton Law Firm today to discuss your options.

See Related Blog Posts: Will Tour Bus Inspections Increase in San Clemente? Deadly Bus Accident in Southern California

(image courtesy of Michael Mroczek)

In and around San Diego, there are a number of initiatives underway to help prevent accidents and child injuries in 2017. According to a fact sheet from the U.S. Centers for Disease Control and Prevention (CDC), more than 12,000 children between the ages of 0 to 19 sustain fatal injuries each year in accidents. In addition to child fatalities, more than 9.2 million kids in the same age group sustain nonfatal injuries each year that result in treatment in emergency departments. Many of these incidents are preventable if we take safety precautions.

What steps are being taken around San Diego to help lower the number of child accidents and injuries? One recent report from The CW 6 San Diego indicates that new crosswalks have been installed around Point Loma schools, while another report from The CW 6 San Diego notes that a new car seat law in California aims to provide better protections to children under the age of two. What else do you need to know about recent safety steps and car accident precautions in the area?

Point Loma Crosswalk Aims to Prevent Child Pedestrian Accidents and Injuries

Last year, according to the news report, the city of San Diego City Council adopted a “Vision Zero” plan aimed at eliminating “all traffic deaths by 2025.” This plan includes developing pedestrian safety mechanisms, such as new crosswalks and signage throughout the city. In addition, the plan calls for “pedestrian countdown timers, audible pedestrian signals, street lighting, and flashing beacons to help make pedestrians and drivers more aware.”

One of the first steps in implementing the plan in 2017 involves the unveiling of a new, visible crosswalk behind Silver Gate Elementary School in Point Loma. It is particularly important to have visible crosswalks around schools where young children regularly cross the street and place themselves at risk of injury in a car accident. The CDC fact sheet indicates that traffic collisions are a leading cause of death for children between the ages of 5 and 19, which includes elementary-aged kids.

New California Law Targets Car Accident Injury Prevention in Young Children

In addition to preventing motor vehicle deaths in pedestrian accidents by installing visible crosswalks around schools and throughout San Diego, the state of California has also instituted a new car seat law for kids under two years old. As the report reveals, the new law is one of three motor vehicle laws in California designed to prevent child injuries and deaths. This particular new law requires that kids who are under two years old must be strapped into a rear-facing car seat. There are exceptions for kids who weigh 40 pounds or are at least 40 inches tall. Safety experts, according to the report, indicate that “kids are four times safer when sitting rear-facing,” and “the longer they are in that position the better.”

It is important for parents in San Diego County to pay attention to this new law and to seek assistance if they do not know how to properly install a rear-facing car seat. According to safety advocates in the area, about 95% of rear-facing car seats are improperly installed, limiting the safety features of the seat and its position.

Discuss Your Case with a San Diego Car Accident Lawyer

If you have questions about filing a car accident lawsuit, or if your child was injured in a motor vehicle collision, you may be able to file a claim for compensation. A San Diego car accident attorney can help. Contact the Walton Law Firm today.

See Related Blog Posts: UC San Diego Research on Traumatic Brain Injuries What Carlsbad Drivers Should Know About the IIHS Automobile Top Safety Picks

(image courtesy of Rod Waddington from Kergunyah, Australia)

Typically, when we think about overuse injuries, we imagine office workers who suffer from carpal tunnel syndrome or construction workers who sustain overuse injuries to the back or shoulder that result from lifting heavy objects. Yet it is not only adults who are at risk of overuse injuries. Children can sustain overuse injuries, particularly as a result of playing sports. According to a fact sheet from HealthyChildren.org, kids may in fact be at greater risk of sustaining overuse injuries than adults.

What should you know about preventing overuse injuries among children? What responsibilities do youth coaches have to help kids avoid these injuries?

Learning More About Overuse Injuries

A fact sheet from the American Orthopaedic Society for Sports Medicine explains that, in general, there are two different forms of injury: acute and overuse. An acute injury results from “a single, traumatic event,” and often includes injuries in kids such as fractures sprains, strains, and dislocation. Overuse injuries, differently, happen over time and thus tend to be more difficult to diagnose, particularly among children.

As the fact sheet explains, overuse injuries are those in which a person sustain “damage to a bone, muscle, ligament, or tendon due to repetitive stress without allowing time for the body to heal.” As we mentioned, most Californians tend to associate overuse injuries with repetitive actions at work. Yet as HealthyChildren.org emphasizes, younger children and teenagers are actually “at increased risk for overuse injuries because growing bones are less resilient to stress.” In other words, adults’ bones may be able to compensate for some forms of overuse in ways that younger people’s bones simply cannot.

Given that overuse injuries occur over a longer period, there are typically different stages to an overuse injury. The injury normally begins with pain in a specific area immediately after a physical activity. Among children and teens, the physical activity is usually a sport, from swimming, to running, to gymnastics. At this point, the pain does not restrict the athlete’s ability to perform. At the next stage, pain still occurs only after physical activity, but it does restrict a teenager’s ability to engage in physical activity. Finally, kids will begin to experience pain that is chronic and persistent, even when they have not been involved in any kind of physical activity.

Recognizing and Preventing Overuse Injuries

While adults can recognize signs and symptoms of overuse injuries and seek proper medical attention for them, kids cannot necessarily do the same. Young athletes might not even realize that they are experiencing pain that is indicative of an overuse injury. For this reason, children and teens are less likely to receive medical attention and to take the proper steps to prevent further harm.

What can parents and coaches do to prevent (and ultimately treat) overuse injuries? The American Orthopaedic Society for Sports Medicine recommends some of the following:

• Reduce the intensity, frequency, and/or duration of a child’s sports activity;
• Teach proper training skills to youth athletes;
• Ensure that youth athletes warm up properly before engaging in exercise; and
• Provide ice for pains following physical activity.

In some cases, another party’s negligence might have resulted in your child’s overuse injury. If you have questions, an experienced San Diego personal injury lawyer can help. Contact the Walton Law Firm today to discuss your case.

See Related Blog Posts: Taking Steps to Prevent Drowsy Driving Children’s Water Bottles Recalled for Possible Lead Exposure

(image courtesy of axelvonsturm)

When you drop off your child at a daycare facility each weekday morning, should you be worried about safety issues? According to a recent report from NBC News, there may be more child injury risks at daycare locations that most parents in San Diego would like to believe. Indeed, the article cites a recent report from the Inspector General’s Office of the U.S. Department of Health and Human Services (HHS), which “said that 96 percent of the 227 commercial day-care centers and in-home providers that its auditors visited were found to be in violation of at least one state safety or health regulation.”

When your child suffers a preventable daycare injury, you deserve to seek compensation. An experienced San Diego personal injury lawyer can assist with your case.

Infractions at Daycare Centers and Facilities

What should we learn from the HHS report? In short, childcare facilities may not be as safe for our kids as we want to think. As such, parents in Southern California and across the country may need to think twice before settling on a daycare facility to care for their kids.

Many of those facilities identified in the report did not just have a single infraction. Indeed, the article notes that “many had multiple infractions, including such shockingly obvious safety hazards as protruding rusty nails, dog feces in play areas, unlocked liquor accessible to kids, and filthy restroom facilities.” In addition to these salient problems, the HHS report also indicated that many daycare centers employ workers who have not undergone criminal background checks, which are supposed to be required for any employment of this type.

Of the employees assessed in the recent HHS report, there were 186 employees who were either working directly with kids or were near children at the facility, and had not undergone a required criminal background check.

Federal Government Attempting to Improve Childcare Facilities

For the last year or so, the federal government has been providing childcare subsidies so that parents in low-income families can afford childcare in order to work. In 2015, those subsidies totaled about $5.4 billion, and they helped to provide childcare for around 1.5 million kids. Much of these subsidies come from a reauthorization of the Child Care and Development Block Grant (CCDBG) Act, which occurred in 2014. But as the recent HHS report emphasizes, providing subsidies for childcare likely is not enough to ensure that those kids are getting adequate care.

The major issue, safety advocates point out, is that we do not have enough resources to monitor childcare facilities on a sufficiently regular basis. As such, parents need to look into the facilities where they are considering childcare, and they need to take action if they suspect their kids are not safe. Each state has its own resources for child care licensing and regulation, and parents can contact local offices if they have concerns about a particular daycare center.

Contact a San Diego Child Injury Lawyer

According to a fact sheet from Child Care Aware of America, there are currently more than 11,000 childcare centers in California alone. If you suspect that a childcare or daycare facility might not meet current safety regulations, or if your child got hurt while at a daycare facility, an experienced San Diego child injury lawyer can help. Contact the Walton Law Firm today for more information.

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It seems there has been a rash of school bus accidents in Southern California lately. Some have been small, causing only property damage, and others have been devastating, claiming lives or causing serious injury, like the one in Orange County this week.

Parents of children involved in these accidents often don’t know where to turn for answers after an injury to a child in one of these cases. In most cases, they are happy with the school their child attends, and sometimes even know and like the driver of the bus. Suing the school district is often not the first impulse.

As a law firm that has represented victims of bus accidents such as these, we thought it might be helpful do address some of the regulations that cover school buses, and the liability that arises from these accidents.

Common Carrier Liability in School Bus Cases

Under California law, almost all modes of public transportation where vehicles are hired for transportation are considered “common carriers.” A common carrier in California is required to use “the utmost care and diligence for passengers” and the operator must take extra care in protecting their passengers than a typical private driver.

As part of that duty, common carriers such as school districts that employ school bus drivers are required to provide buses safe and fit for the purposes to which they are put, and are not excused for failing to do so in any respect or by any degree of care. The common carrier standard is a higher standard that has its roots in the English common law, and it’s based on the recognition that it is privilege to serve the public, and therefore the owner/operators are held to a higher duty.

In short, because of this higher standard on the part of bus operators, it has the effect of shifting the burden of proof, making it easier for the injured party to prove that there was negligence on the part of the driver or the district in failing to properly operate or maintain the bus.

Training Requirements for School Bus Operators

School bus drivers are subject to numerous regulations under California Vehicle and Education Codes, as well as rigorous training programs provided by the school or district for which they are hired.

Most districts require that all school bus drivers:

• receive extensive training in current laws pertaining to the state regulations that govern the operation of a school bus, and behind-the-wheel training as mandated by both Federal and State law;
• pass a background check by the Department of Justice or the FBI;
• must have a current Department of Transportation Medical Certificate;
• must pass the written California Highway Patrol First Aid Test or other first aid qualification;
• must participate in pre-employment drug and alcohol testing and random testing after their hire date;
• must have and maintain a clean driving record, both professionally and personally.
• must successfully complete a minimum of 40 hours of course instruction, which includes a minimum of 20 hours of classroom instruction in all units of the Instructor’s Manual for California’s School Bus Driver’s Training Course. That training also includes a minimum of 20 hours of behind-the-wheel training.

A failure to provide adequate training, is grounds for a claim of negligence, in addition to any negligence on the part of the driver.

Injury Claims in School Bus Cases

Bus accidents involving school children usually involved buses owned by the district, usually a public school district, or buses that are chartered through a private organization. In cases where the bus is owned and operated by a district employee, the case would be against the district. It’s important to note that for accidents in California, a government claim must be filed against the school district within six months from the date of the accident. If the injured party was a minor, the claim filing period will likely be extended to one year, but if there is any doubt, you should consult an attorney.

If the claim is purely against a private company, in California the statute of limitations is likely two years from the date of the accident.

If you have a question about a school bus accident, we encourage you to call Walton Law Firm at (760) 571-5500 or submit a confidential online questionnaire. There is never a charge to discuss a case.

One issue that comes up on a frequent, but irregular, basis is that of E. coli. It is a type of bacterium that commonly resides in the intestinal tracts of humans and animals. E. coli is transmitted when people come into contact with feces containing the bacterium. It can get into meat during processing, and it may be found in raw dairy products or raw fruits and vegetables. Sometimes feces can get into a lake or other water supply, and E. coli can find its way into drinking water. E. coli is also spread through person-to-person contact, usually when an infected person does not wash his or her hands after going to the bathroom.

Unfortunately, children are quite susceptible to contracting E. coli at daycare. The news organizations seem to be constantly telling us about another shipment of fruits or vegetables that are infected with E. coli, and if your daycare provides food to your child, they may be at risk. In addition, as many parents are aware, children are not always very hygienic and may not wash their hands after going to the bathroom. With all of the children touching the doorknobs, tables, other surfaces, books and toys, it is not hard to imagine a child spreading E. coli bacterium all over the daycare center.

It is important to remember that even if your child contracts E. coli from their daycare center, the center may not necessarily be liable. In these types of lawsuits, the plaintiff must prove that the defendant acted negligently or intentionally to cause the infection.

A daycare may act negligently by failing to ensure that the children in their care are properly washing their hands. In addition, a daycare center may be negligent if it fails to properly clean the rooms, including all of the toys, books and all the areas the children may touch. After all, an outbreak may be prevented or limited by using anti-bacterial cleaner throughout the room. If the daycare center provides food, they may act negligently if they fail to properly clean or prepare the food that results in the E. coli contamination.

A daycare center acts intentionally when they are aware that E. coli has been detected in the daycare center, but fail to inform the children’s parents. Also, if the center is aware that one child has contracted E. coli, it acts intentionally if it does not alert parents to the possibility of an outbreak. In those situations, warning the parents might limit or prevent an outbreak.

Regardless of the reasoning behind an outbreak, you should always consult experienced legal counsel if you suspect that your child’s illness was caused by the daycare center they attend. Lawsuits are subject to a statute of limitations, so if you wait too long to contact an attorney, you may never be able to bring a claim.

School sports waivers are commonplace in the life of a parent, but what exactly is signed away when you sign one? Have you ever taken the time to read the fine print? For example, as reported recently in an MSNBC article, did you know that thousands of high school sports waivers state that your child may lose the ability to “generally enjoy life” and that those damages may not be recovered in a subsequent legal case.

In order to discuss the sweeping terms of such school sports waivers it is best to start with a brief discussion of personal injury damages. As most San Diego personal injury lawyers will tell you, when someone is injured and blame is assignable to the defendant, various damages may be available. For example, the defendant may have to pay for the injured person’s medical expenses or for their future lost wages. These constitute “economic damages.” Beyond economic damages, some awards can also include non-economic damages, often referred to as “general damages” and primarily consisting of “pain and suffering” damages. The theory behind general damages is to compensate the injured party for physical, mental, and emotional suffering and/or distress from the incident.

Pain is the physical component of general damages. Pain damages can be awarded when the plaintiff suffers a broken bones, concussions, and permanent impairments. To show pain often the injured person’s testimony, medical records, and doctor testimony are used as evidence. The amount of compensation for pain is usually based on the nature, extent, and duration of the pain.

Suffering is the emotional/mental component of general damages. Some examples of suffering where damages can be awarded include shock, embarrassment, and/or loss of enjoyment of life. In the past few decades a new type of damages for this type of loss has been recognized in our courts. According to economist Stan Smith, who assists attorneys by creating formulas to determine damages to compensate for loss of life enjoyment, these damages are called “hedonic damages” or “loss of enjoyment of life (LEL) damages”. Smith was an expert witness in a 1985 case where LEL damages were awarded and subsequently upheld upon challenge. Ever since LEL damages have continued to be awarded across the country.

LEL damages are difficult to ascertain. The determination of amount of LEL damages is subjectively determined, and up to the jury based on the facts of the case and the objective evidence of the injury. In any event, if you or a family member is hurt by the negligence of another, it is important to retain counsel from a personal injury attorney who understands the wide range of damage awards available in these situations.

So, if your child was injured after signing a school sports waiver with a term voiding recvoery for losses stemming from an inability to enjoy life would that mean no LEL damages could be recovered? Not necessarily. Many contract terms using broad language cannot be used to avoid responsibility for negligence. Waivers are often “boilerplate,” including mass produced text that is then altered slightly to meet a school’s specific needs.

Unfortunately, even if not enforceable, many families may refrain from seeking legal help under the false assumption that signing such a waiver eliminates their legal rights. This may be a mistake. If your child has been injured in a school sport in our area it is always best to seek immediate help from a knowledgeable San Diego injury lawyer at the Walton Law Firm. Call 760-571-5500 for a free consultation.

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(Photo courtesy of CLF)

Recently, the family of a high school football player named Justin Williams has filed a lawsuit against East Nicolaus High School in Sutter County, Florida. According to an article by Fox40 out of Sacramento, the lawsuit alleges that after Williams missed a football practice, Coach Mark Varnum punished him by making him run drills in the scorching 95-degree heat and having the other players tackle him repeatedly. Williams fell ill while at practice, and he was taken to the hospital, where doctors determined that he had suffered a collapsed lung and a concussion.

Unfortunately, as often happens in these cases, the school and the coach are denying any liability for Williams’ condition. It remains to be seen how this case will eventually play out in court. Regardless, the story is a good example of the importance of being vigilant and remaining aware of what is going on at your child’s sports practices. In our area, San Diego sports injuries are common in high school sports. They can occur not just in high-impact activities like football, hockey, and lacrosse but also in low- or no-impact sports like baseball, tennis, or even swimming. The best way to prevent most sports-related injuries is to educate kids about the dangers involved in the sports they play and to try to help them understand when the coach is asking too much of them.

In Justin Williams’ case, the allegations are that the coach’s method of punishment was the cause of Williams’ injuries. However, California high school sports injuries can occur in other situations, such as where the equipment used to protect players does not function as intended or even where players just do not take proper care of their bodies by getting enough food and water to keep it running. In some cases, precautions can be taken to prevent sports-related illnesses, such as dehydration. Anyone who plays any kind of sport, whether it be in an organized athletic program or just a casual game with friends, should always be aware of any risks and take measures to prevent injury.

Even so, athletic injuries can still occur, and many times, they could have been avoided if the coach or teacher responsible for supervising would have used reasonable care in carrying out his or her duties. If you or a loved one has suffered a sports injury of any kind, please contact our San Diego injury attorney a the Walton Law Firm right away to see if you are entitled to compensation. It is often only after careful evaluation by a legal professional that all of the causes of one of these injuries can be properly evaluated.

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It wasn’t that long ago when you would be impressed by the high school cheerleader who could do back flips on the sidelines. Now back flips are practically a prerequisite. As cheerleading becomes more and more recognized as a sport, and the competitive demands grow, doctors are seeing an increasing number of severe injuries related to cheerleading accidents.

Take the story of Laura Jackson. Starting at the age of 14, Laura loved cheerleading and dreamed of being on the sidelines at the high school football games, and maybe even college. On the day of tryouts, however, her life changed. As she attempted a move called a “back-tuck” – a moved she learned just for the tryout – she misjudged the spotter and struck her head on the ground, breaking her neck. Laura is now quadriplegic.

According to the National Center for Catastrophic Sport Injury Research at the University of North Carolina, cheerleading is by far and away the most dangerous sport in America for girls. Of all the catastrophic injuries suffered by girls in sport – injures causing permanent disability – cheerleading accounts for 65%. Nearly 30,000 cheerleaders are treated in Emergency Rooms around the country annually, tripling the amount from 1980.

Here’s a sampling [from an MSNBC story]:

• In 2007, 17-year-old Patty Phommanyvong was struck in the chest by a teammate’s fist as she plummeted from a stunt at a football game at her high school in Los Angeles; she’s now 19 and living in a nursing home, unable to move or eat or speak.
• In 2005, 14-year-old Ashley Burns of Medford, Mass., hit her stomach on another cheerleader’s shoulder while spinning down from an acrobatic move called a double down; she ruptured her spleen and died almost immediately.
• In 2008, Wesley Patterson, 20, who had been recruited for one of the guy spots on the cheer team at Prairie View A&M in Prairie View, Texas, fumbled a turn while tumbling, and like Laura, he’s now a quadriplegic.

There are also serious liability issues for schools. “Cheerleading is not taken seriously enough, even by the people who teach it themselves,” said Kimberly Archie, of the National Cheer Safety Foundation. “They don’t realize that they’re asking kids to do acrobatics that put them at high risk.” Since cheerleading is not considered an organized sport, most schools do not provide adequate safety equipment, or require any training of the coaches. Frequently the coach is a recent high school grad who him/herself was a cheerleader only a year or two before.

Source: MSNBC [with video]

The accident and injury lawyers at the Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, motorcycle accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation.

The lawsuit filed in Vista Superior Court is one of three filed against the school in the last two years. It contends that the cadet suffered several instances of ritual group beatings and sadomasochistic hazing, and accuses the academy, a boarding school, of failing to protect its young cadets. The delay in the filing of the suit, the complaint alleges, was that the plaintiff suffered years of mental, emotional, and psychological problems that stem from his stay at the academy.

The president of the academy, retired Army Gen. Stephen Bliss, told the Union Tribune that his school has strict standards of conduct, and abuse of cadets is not tolerated and is quickly addressed.

In March of 2008 another lawsuit was filed against the school alleging similar instances of violence. In that case, the cadet alleges he was sodomized with a broomstick. The case is set for trial in September.

Source: San Diego Union Tribune

The Carlsbad injury and accident attorneys at Walton Law Firm represent individuals and families who have been impacted or injured by the negligence and intentional conduct of others. Call (760) 571-5500 for a free and confidential consultation.

Interestingly, the day after Stinson was charged with a crime, the 11th Circuit Court of Appeals decided Davis v. Carter, a case eerily similar to Stinson’s. In Davis, the parents of a high school football player brought suit against three coaches for violation of the player’s constitutional rights, as well as causes of action in tort (presumably wrongful death). The player died after the coaches allegedly ignored signs of dehydration, and for denying the player water during a practice.

The coaches contended that they were entitled to qualified immunity, and that their conduct did not rise to the level of a violation of constitutional rights. Ultimately, court agreed.

In it’s ruling, the 11th Circuit held:

 In this school setting case, the complaint’s allegations of deliberate indifference, without more, do not rise to the conscience-shocking level required for a constitutional violation. While the circumstances of this case are truly unfortunate, Plaintiffs’ claims are properly confined to the realm of torts.

This case may bode well for Stinson in his Kentucky case. While not directly on point, the Davis case states that since the student voluntarily participated in the activity, the coach didn’t engage in corporal punishment or physically contact the student, the conduct does not rise to the level of a willful or malicious intent to cause harm that would be need for a constitutional violation.

While the ruling relieved the coaches of constitutional claims, it did not relieve them of tort claims, such as negligence and wrongful death. In California, it has long been held that coaches and schools can be held liable for injuries to students if the coaches or schools created conditions likely to cause harm.