Child Injury Lawyer | Laws That Protect Children

WHY THERE ARE LAWS THAT PROTECT CHILDREN

We don’t leave babies alone in the house because they are not able to take care of themselves at all.  As children grow and mature, they begin to display greater levels of ability and can be rewarded with greater independence.  Laws take this into account and have different protections and expectations for children of different ages.  A child injury lawyer is aware of these laws and how to apply them.

EXAMPLES OF CHILD PROTECTIVE LAWS

CAR SEATS

A statute is a law that is passed by a legislature.  It’s written down and needs to be followed precisely.  An example of a law that protects children is New York State’s Child Restraint Law, it is found in [Section 1229-c(1), NYS Vehicle & Traffic Law and states:

  • All children must be restrained in an appropriate child restraint system while riding in a motor vehicle, until they reach their 8th birthday.
  • An appropriate child restraint system is one that fits the child according to the manufacturer’s specifications for height and weight.
  • The safety belt in your vehicle is not designed for children. A booster seat raises your child up so that the safety belt fits your child correctly and provides better protection.

The law has been amended and

Effective November 1, 2019 – Children under 2 must be in a rear-facing child seat.

All children under the age of 2 must use a rear-facing car seat until they are two years old or reach the highest weight or height limit allowed by the manufacturer of the car seat. For babies that outgrow their infant-only car seat, a convertible or 3-in-1 car seat should be used in the rear-facing position until they outgrow the maximum height and weight for the rear-facing position.

BULLYING

In 2010 Federal and New York law was strengthened with the goal of “zero tolerance” for bullying in schools.  For more information, please see my articles, Children Bullied at School – There IS Something You Can Do About It  and The Psychological Impact of Bullying.

CHILD PROTECTIVE SERVICES

Every state has laws that protect children from abuse and neglect from parents.  Social workers investigate these claims and take action to correct the situation, or to remove the children from the home.

FAMILY LAW

In child custody and parenting time disputes, children are giving increasing “say” as they get older and more mature.  In New York, there is no specific age when a child has the “right” to decide which parent they would prefer to live with (in the case of divorce) or whether or not they would like to see a parent at all.  There is an assessment of the maturity of the child.  Usually, a child has “some say” at age 12, and this increases the closer the child gets to age 18.  The reasoning of the child must also be sound.  For example, a child cannot prefer a parent because “he gets him candy” or other trite reasons.

TRAFFIC ACCIDENTS

There are some laws on the books such as special speed limits and rules near “school zones,” but there is also a “common law” tradition that requires drivers to not expect maturity from a child crossing a street or riding a bike.

PREMISES LIABILITY

Property owners and operators must keep their property safe for children and not create an “attractive nuisance.”

There are many more examples of laws that protect children, and a child injury lawyer will be on top of all of them.  If you have any questions, please feel free to call or fill out the form at the bottom of this page.

Premises Liability – When Can You Sue?

If you’ve been seriously injured on somebody else’s property, you might be wondering if you should sue. You are considering making a premises liability claim, but you don’t want to be a greedy nasty person. On the other hand, you've lost time from work and can’t enjoy the same physical activities as before the accident, so it’s natural to consider whether you’re entitled to compensation. That’s why we’re going to outline how courts determine whether a property owner is legally liable when somebody gets hurt. It’s always a good idea to call us at 718-261-8114 if you’ve had any kind of accident for a specific answer regarding the facts of your particular situation. Premises liability claims can be complicated, so it's worth it to give us a call to find out if your case is viable. Is The Premises Reasonably Safe? A property owner has a responsibility to use reasonable care to keep their property safe. To avoid being sued for premises liability, a property should be inspected on a regular basis for hazards such as: Poor Lighting/Burned Out Bulbs Slippery Floors Torn Carpeting Loose Floorboards Missing or Damaged Handrails How Often Should The Property Be Inspected?  A heavily trafficked retail [...]

Everything You Ever Wanted to Know About Bicycle Accidents

Many cities, including New York City, are encouraging residents and visitors to use bikes to get around the city.  There are more bike lanes being put in every day, and you can rent a "Citi-bike" just about anywhere.  It's not surprising that this has resulted in an increasing number of bike accidents citywide.  They only have two wheels, so they are easy to tip over when they are hit by a car.  There is no protection other than a helmet for the bicyclist, so injuries from bike accidents tend to be serious.  If you are injured in a bicycle accident, an experienced bicycle accident attorney in NYC can explain the law as it applies to your specific situation. If you've been injured in a bicycle accident, you need a Bicycle Accident Attorney in NYC that knows everything about bicycle accidents, and if you are riding around on these crowded streets you should learn about the many different types of bicycle accidents so you can do your best to avoid them.  We see it all the time, the delivery guy on the bicycle going the wrong way down the street or careening through a red light.  Bicyclists fail to know the [...]

Child Injury Lawyer | Laws That Protect Children

WHY THERE ARE LAWS THAT PROTECT CHILDREN We don't leave babies alone in the house because they are not able to take care of themselves at all.  As children grow and mature, they begin to display greater levels of ability and can be rewarded with greater independence.  Laws take this into account and have different protections and expectations for children of different ages.  A child injury lawyer is aware of these laws and how to apply them. EXAMPLES OF CHILD PROTECTIVE LAWS CAR SEATS A statute is a law that is passed by a legislature.  It's written down and needs to be followed precisely.  An example of a law that protects children is New York State's Child Restraint Law, it is found in [Section 1229-c(1), NYS Vehicle & Traffic Law and states: All children must be restrained in an appropriate child restraint system while riding in a motor vehicle, until they reach their 8th birthday. An appropriate child restraint system is one that fits the child according to the manufacturer's specifications for height and weight. The safety belt in your vehicle is not designed for children. A booster seat raises your child up so that the safety belt fits your child correctly and provides better [...]

Do I Need a Pediatric Malpractice Attorney?

Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice.  It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur.  Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area.  A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones?  That's because children have growth plates which an orthopedist that treats adults may not have enough experience with.  A good orthopedist will refer the child to a pediatric orthopedist.  So the same goes with the attorney, who is familiar with adult orthopedic malpractice, but might not be aware of the details of growth plates and what might constitute malpractice by an orthopedist treating a child. Let's review the sub-specialties, starting in the womb: PRE-NATAL CARE/LOST PREGNANCY: Negligent pre-natal care can lead to problems that children and parents might have to deal [...]

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2018-08-28T12:23:40+00:00

About the Author:

Senior Partner Ms. Wittenstein began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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