Connecticut Child Injury Lawyer Blog

Connecticut has had legislation prohibiting the restraint or seclusion of students in schools since 2007 (Connecticut General Statutes Section 10-76b-6 & Senate Bill 977), when the parents/care-givers of three angry Wilton, Connecticut children sought help from the Connecticut Legislature. In this Wilton, Connecticut student abuse case the students' caregivers were angry over the treatment of their children at their respective schools. In one example, a teacher restrained an autistic student by locking him in a storage closet for extended periods, eventually leading the student to suffer serious personal injuries when he banged his arm against the interior of the room. The room was not properly certified for any such use.

As a result of the efforts of the two parents, and one grandparent/care-giver, Connecticut enacted legislation carefully spelling out the rules for teachers, healthcare administrators and others involved in the non-custodial (outside the home) care of children with disabilities with respect to seclusion and restraint as a method for controlling unacceptable behavior. The legislation is designed to protect these children with special circumstances or needs from suffering serious personal injuries at school and other facilities when in the care of those other than their primary care-givers. Serious injuries to these children can include extreme fear, anxiety, confusion, and can lead to physical injuries when the child attempts to escape or make their pleas heard. The legislation also includes mandatory reporting requirements for those care-givers when restraint or seclusion is used, under many circumstances, and especially where there is a longer term of restraint or seclusion.

When we place any child in the hands of another care-giver, whether that child has or does not have special needs or circumstances, we are making a great leap of faith. When the rules are not clear, the laws not strictly followed, we cannot feel secure. However, when we monitor our schools and others involved in the daily lives of our children, and call for action when there is problem, we take control of our children's safety. In this instance, the fuzzy line has now been made a bright line rule.

1-13-09 Connecticut Post

The World Health Organization (WHO) has issued an international bulletin concerning child injuries and fatalities. Left unprotected, or under-protected, our children are at real risk for suffering serious personal injuries, debilitating diseases, and even death. A new World Health Organization and Unicef report has concluded that more than 700,000 children lose their lives in accidents worldwide yearly. While many of the findings are not as relevant in the United States, due to our more advanced medical and health systems, children are still at great risk from accidents ranging from automobile accidents, especially those where the child is not in a properly installed booster or infant car seat. More than all childhood diseases combined, accidents account for the greatest number of childrens’ deaths in the U.S. each year. The top contributors cited in the report as responsible for the approximately 12,175 childrens’ deaths in the U.S. each year are: Car crashes and drowning,

The single most challenging aspect of this report’s conclusion is what to do about it. Ilean Arias of the U.S. CDC has the following suggestions to best reduce the U.S. contribution to that enormous number: 1) use a graduated drivers’ license; 2) limit the times during which young drivers can operate a car; 3) limit the number of occupants in a car driven by a new driver, and 3) require all children under the age of 8 to use a booster seat. Connecticut already has laws that specifically address each of these methods of reducing the risk to our children. Connecticut has a six/sixty rule requiring boosters until the age of six AND reaching sixty pounds; Connecticut also already restricts the times during which new drivers can drive: daylight hours at first, then later times progressively. The laws severely restrict the times during which any passenger can be in the car, especially during the first few months having a license . For new drivers, they can have no passengers other than someone over eighteen, and only during the day. That restriction eases as the driver gains experience and where there is a legitimate reason for a young driver to be on the road, such as for work.

Bicycle helmet requirements, no-checking by young hockey players, and careful design, construction and maintenance of playgrounds round out the list for the U.S. and Canada. For the full details, see the report at World Health Organization’s website

Connecticut's Bicycle Helmet Law:
Connecticut General Statute Section 14-286d (b) No child FIFTEEN years of age OR UNDER shall operate a bicycle on the traveled portion of any highway unless such child is wearing protective headgear which conforms to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling. Failure to comply with this section shall not be a violation or an offense. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.

Connecticut Department of Consumer Protection warns of Risk to Children of Serious Ear Injury or Hearing Loss from personal audio players, iPods, MP3 players and other personal audio devices

According to the Connecticut Department of Consumer Protection, children’s ears are at risk of serious injury, including hearing loss, from the loud, in the ear sounds produced by today’s iPods, MP3 players, and other personal audio devices. While these products may not have been deemed defective, it’s the fact that they work so well that makes them dangerous. These electronic music players are some of the most requested holiday and special occasion items on our kids’ wish lists. They are also marketed to and purchased directly by kids who are good savers, or who have a successful paper route, internet business, or if they were lucky enough to have a valuable trading card to sell.

These devices are small, powerful and have battery lives that allow the user to listen for longer than the old Sony Walkman-esque music players. Most include “ear buds” or “in-the-ear”-type earphones, creating direct paths to the eardrum. Many players are capable of producing sound up to 120 decibels. That’s the equivalent of a jumbo jet taking off, or a rock concert near the speakers (see Wiikepdia under “120 decibels”). At levels above about 85 decibels, children are exposed to a serious risk of early hearing impairment, especially when used for prolonged periods of time, according to experts in child hearing loss. iPods, and some other brands have a volume limiting setting that parents can control, and can make permanent by also using a security code to lock it in place. Because the user may not always be in a place where parental monitoring is possible, these types of protections can make a difference.

Another method of reducing the risk of serious injury to the ears of children, and adults, too, is to use noise-cancelling ear-buds or headphones, which are usually only available as an aftermarket item, but which allow for listening at lower volumes by reducing outside noise.

However, all must acknowledge the risk of serious injury to children’s ears and hearing if they are allowed to listen without limiting the time and volume. The harm might be unseen on the outside, but it is certainly going to leave a mark on the inside. If you, your child, friends or relatives have suffered an injury to the ear, of have suffered hearing loss from excessive noise exposure, know your rights by contacting a personal injury attorney experienced in handling claims for serious personal injuries.

iPod Use Now Can Mean Deafness Later
12-22-08 McClatchy-Tribune, by Jodi Mailander Farrell