Connecticut Child Injury Lawyer Blog

Saugatuck Elementary School, in Westport, Connecticut has a terrific looking 2 year old artificial turf playing field. It's composition includes recycled rubber tire particles, formed into small pellets which lie between the plastic grass strands. My kids love it! It doesn't get muddy, so they can play football in the rain at recess, and it is always soft, never dried out from the late summer sun. Further, those excrement making machines, our band of merry Canada geese, stay off it. Those pellets do come home in sneakers and clothing, but are easily shaken off or washed out.

However, while it needs no pesticides or other chemicals to stay green all year long, the make-up of this synthetic turf field may, some claim, be harmful in other ways. The risk that children playing on these types of fields might be injured, or exposed to harmful chemicals from the pellets, is the subject of many local, and national, opinions, both for and against the continued use of artificial turf instead of natural grass.

Connecticut is using money from a prior environmental contamination settlement to determine if the ground-up tires is the equivalent of a defective product when it is used for fields or in gardens as mulch. While I am not aware of any fields having been closed during this investigation, apparently, no new fields will be approved until the safety issue is resolved.

Continue reading "Westport, Connecticut Synthetic Turf Fields: Safe or Sorry?" »

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

Two students at Milford, Connecticut’s Pine Academy, based in the Lower Naugatuck Valley Boys & Girls Club, were allegedly subjected to an illegal and humiliating search when they were ordered to open their drawers (their pants) on authority of the principal, to allow two male teachers to look beneath their clothing for money another teacher claimed was missing. This type of search is not allowed. If true, the illegal search on school grounds is not only an invasion of the students’ privacy, but could expose Milford and its Board of Education to civil penalties, including compensatory and/or punitive damages under both state and federal civil rights laws.

Whenever a student suffers serious personal injuries, or is otherwise exposed to a wrong at school, or when a student claims his rights were violated, both the town and the board of education, which operates as an independent entity in Connecticut, can be held responsible. However, state and federal laws have notice requirements whenever a claim is to be made against a town, municipality or board of education, which can be as short as 180 days from the date of the occurrence. The notice must be in strict compliance with the requirements, or all bets are off, and the claim will be barred.

If you suspect that your child suffered serious personal injuries, or was the victim of inappropriate conduct while at school, or under school supervision and authority, you should consult a qualified Connecticut personal injury attorney to ensure your rights are protected.

Strip searches probed; principal on leave, Connecticut Post, On-line edition, Melvin Mason Staff Writer 12-11-08