Article Link: http://exchangepress.com/article/teacher-aides-and-other-dangerous-instruments-lessons-in-legal-self-defense/5007337/
Editor's Note:For the last several years at meetings of the Association of Trial Lawyers of America, the association has dedicated a special section to child sex abuse.
Frequently, those sections have focused on ways to more effectively represent the plaintiff against schools, child care centers, and other types of child care facilities. The following article uses information drawn from those and other meetings to serve as a starting point to develop relevant risk management and program improvement plans.
Editor's Note:
Life-especially for child care providers, does seem to get "curiouser and curiouser." As the insurance industry continues to selectively narrow your coverage, trial lawyers develop new and better ways to construct lawsuits against child care providers. In the new improved lawsuit, the curious part is that the wording will be designed to avoid the exclusions in your insurance policy, and won't sound like a description of "what actually happened."
The good attorney representing an injured child on a contingent fee basis must find theory of recovery that involves a defendant who has insurance. Finding that coverage and a liability theory that will avoid the policy exclusions is like shooting at a moving target. Insurance coverage keeps changing.
For example, several years ...