San Francisco Injury Lawyer Blog

It seems sometimes like bullying has reached epidemic proportions. As an Oakland bullying victim’s law firm, the Brod Law Firm applauds the efforts to bring attention to this problem. Our Northern California school injury lawyer also favors efforts by local school authorities to crack down on the problem and ensure the safety of our young residents.

The Oakland Times reported last week on efforts by Berkley schools to enact anti-bullying policies. The move comes in response to seven gun-related incidents at Berkley High School last year, one of which involved shots being fired in a school lavatory. In the new policy, bullying is defined as “systematic and chronically inflicting physical hurt or psychological distress” aimed at either students or teachers. Whether online, telephonically, or in person, the policy requires reporting of bullying incidents as well as investigation by school principals but leaves punishment details up to the school’s discretion based on the age of the offender and the severity of the incident. District officials acknowledged that schools owe an obligation to ensure bullying is taken seriously, noting the investigation should include separate interviews for witnesses, victims, and alleged perpetrators. Individual schools will be required to submit an annual report detailing bullying incidents and the school response.

Some statistics suggest that one in seven students were either bullied or involved in bullying during 2010. Other studies put the number even higher and, in the same year, well over half of students reported being witness to at least one bullying event. Bullying fears are a frequent cause of missed school days with BullyingStatistics.org suggesting fifteen percent of absences in 2010 were related to fear of victimization. Bullying can lead to both mental and physical anguish and is a factor in many cases of youth suicide. Parents should be alert to signs that their child is suffering at the hands of a school bully, especially in the middle school years when bullying appears to peak. A victim may show low self-esteem, may isolate themselves from others, and may display increased anger and frustration. Bullying may result in physical harm or may be primarily mental/emotional in nature.

In some cases, legal action may be appropriate where bullying is ongoing and severe. Bullying lawsuits may be aimed at bullies themselves but increasingly also include school officials who failed in their duty to provide a safe learning environment. Depending on the nature of the bullying, claims may also fall under discrimination or hate crime legislation.

If your child is the victim of bullying, it is important to address the issue immediately with the child and with school authorities. If you feel that the school is failing in its obligations, particularly after the bullying has been reported, consider taking legal action to protect your child and to remind school officials of their duties. As an Oakland victim’s rights law firm, we are available to discuss your potential legal remedies. Please call for a free consultation.

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Seeking Justice After Trauma: Legal Considerations After a Case of Sexual Abuse In an Oakland-area School

Oakland School Threats Reminder of Need for Safe School Environments

Parents should be able to send their children to school with confidence that they are safe and protected from harm while they learn. This is a fundamental promise that our communities make to families. As an Oakland sexual abuse victim’s law firm, our team is committed to helping when this commitment is not met. Abuse in Oakland schools should not be tolerated and victims and their families should pursue justice in both civil and criminal court.

The Oakland Tribune reported this week on the conclusion to a criminal case against a former area school teacher. Michael Merrick, 48, was a teacher at Lafayette’s Stanley Middle School when he was arrested on abuse charges in October 2010. The charges that Merrick molested a fourteen year-old girl stemmed from time the two spent in private summer tutoring sessions on school property and evidence included semen stains from a classroom couch as well as text messages sent by Merrick to the young teen. Merrick accepted a plea deal in the criminal case that will result in five years and eight months in prison. As part of the agreement, Martinez confessed to his actions in court and apologized to the girl, her family, and the community that trusted him with their youth.

Of course, no court action can ever bring back the loss of innocence or undo the harm caused by molestation, especially when the perpetrator was a trusted adult. That said, it is important that victim’s families consider whether a California civil lawsuit for sexual abuse may be an appropriate and even necessary step towards recovery. A criminal conviction is an important element of justice and can provide an important mental and emotional role in the victim’s recovery. However, a criminal conviction cannot address many of the very real aftereffects of the abuse. It is vital that abuse victims are able to receive skilled psychological counseling and this can be a very costly, long-term endeavor. In some cases, medical bills for physical injury may also be a factor. Only a civil lawsuit can provide the financial compensation from the abuser that will help a victim afford this necessary emotional and physical treatment.

In some cases, parties other than the abuser may be included in a civil sexual abuse lawsuit. This can be helpful where the perpetrator may be unable to pay an award. It can also serve as a strong statement about responsibility, especially where children are involved. Our schools owe a safe environment to our children. Consulting a skilled Oakland school injury attorney will allow you to explore whether a claim against the school district is also appropriate in your specific case. If the school was negligent in monitoring safety or responding to prior reports, including the school in a lawsuit can increase the civil recovery and can also help send a strong message that may result in greater precautions in the future.

Again, The Brod Law Firm knows that no amount of money can ever truly compensate a victim for the horror of abuse. However, money can help with both psychological and physical treatment. This is what the civil system is for – compensating victims. Please reach out if we can help you and your family move ahead after an unimaginable trauma.

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Oakland School Threats Reminder of Need for Safe School Environments

On October 5, 2011 California Governor Jerry Brown signed into law Assembly Bill No. 25
which requires that schools with elective sports programs pay closer attention to concussions. The bill exhorts school personnel to sit out players with a suspected concussion. The athletes are not allowed to return to play without written clearance by a licensed medical provider.

The passage of Assembly Bill No. 25 follows the well-covered deaths of high school students Jaquan Waller in September of 2008 and of Ryne Dougherty in October of the same year. Each player died after they were returned to play too soon after suffering a concussion.

Concussions are caused by a sudden blow which moves the brain rapidly inside the skull. The arteries in the brain constrict, reducing blood flow. Concussions slow reaction time and decrease coordination, significantly increasing the chances of a second concussion if an athlete is not allowed to fully recover. A second impact may cause the brain to swell and puts the concussed person at risk for cerebral bleeding and fatal brain stem failure. A second concussion that occurs before the first is healed is known as second impact syndrome.

Symptoms of concussion include dizziness, disorientation, nausea, headaches, cognitive difficulties, and changes in sleep patterns. The majority of concussions are classified as mild and 90% of concussions sufferers do not lose consciousness. Since the common symptoms of concussions are not obviously physical signs, concussions are difficult to identify.

The bill’s requirements aim to protect students eighteen years old and under because they are susceptible to more frequent and more severe concussions than older athletes as their brains are still in the development stage. Concussions may have serious negative effects on students’ academic abilities and on their physical well-being. It is irresponsible of schools to allow students to return to play based on whether they feel well enough, as students desire to play and the pressure to perform causes them to lie about symptoms. Some schools have implemented concussion management programs to determine if a student athlete has suffered a concussion. Initial tests include analytical and memory questions asked of a student who has a suspected concussion, as well as a physical assessment to determine reaction times and coordination.

Schools and families should also be aware that football is not the only sport that has a high risk of concussions. Girls who play soccer actually suffer higher rates of concussion than helmet-bearing football players. Men and women’s lacrosse also see high rates of concussion injuries.

California schools now have a duty by law to immediately take players of elective sports out of the game with suspected brain injuries until a doctor deems them fully recovered. Schools that deviate from this duty and do not identify high risk students and look out for possible concussions are exposing themselves to allegations of negligence and possible lawsuits. Furthermore, coaches or athletic trainers that feel the pressure to return athletes too early to play in key games may stunt the recovery of the athlete and create a liability for the school. For instance in New Jersey, where a similar law exists, La Salle University settled with the family of Preston Plevretes for $7.5 million dollars after he suffered second impact syndrome.

Photo credit: kconnors from morguefile.com

Continue reading "California Concussion Law Takes Effect January 2012, Increasing School Liability" »

Most parents view education as a key foundation for their child’s future. Californians send their children to school to learn and, in doing so, trust that their child will be safe while at school. However, recent threats received by personnel at schools in Martinez remind us that even school is not always a safe haven. While these threats did not result in any injury, any incident at a school requires an understanding of the law and the help of an attorney who understands California school safety laws. Our Oakland school injury attorney is well aware of the harm that can result when schools fails to act appropriately to keep students safe.

As The Oakland Tribune reported, the Martinez school district held a forum last week to discuss school safety and the response to threats to schools and students. This meeting was spurred by a series of events. In mid-October, a school employee received an email that included a threat against Alhambra High School. The school responded with an increase in security and notified parents on the day after the email was received. A week later, the school was placed on lockdown and parents were notified when an empty gun case was discovered in the high school auditorium. Further threats against two elementary schools arrived via separate letters later that week. In one case, the school was closed. In the other, the threatened school remained open and parents were not notified until the morning after the letter arrived. Police have arrested Larry Bantola on suspicions related to the series of threats. The Tribune reports that Bantola allegedly signed the name of a former friend to the notes.

Luckily, none of the threats in the Martinez area incidents resulted in any harm to students. However, parents should be aware that schools have a special duty to help protect their students. California education law requires that school districts develop and maintain a school safety plan that is aimed at preventing crime and violence on school property. These plans must be updated yearly. The State Board of Education further mandates that students have a right to safety in the school environment. Schools must have plans in place for conflict situations, including procedures for involving law enforcement when needed. School districts are specifically urged to collaborate with parents and guardians as well as other community groups and law enforcement authorities in order to ensure student safety. These rules are spelled out in both the state code and in California State Board of Education Policy 01-02.

Stories involving direct threats to our area schools such as those reported in the Martinez case are, thankfully, an unusual occurrence. But the promise that your children will be safe while they pursue their education is vital and ongoing. At the Brod Law Firm, we believe that it is important to help ensure the safety of our young people by fully investigating and pursuing claims of Oakland school injuries that arises from the failure of the district to provide a safe environment. We know you place your trust in the school system and we believe that the schools owe every student a quality education in a safe environment. School officials must be responsive to any danger to the young people entrusted to their care. We urge you to contact our skilled Oakland injury attorneys if your child if harmed due to the failure of the school to provide a safe learning environment.

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