Our children love to play and most of the times accidents happen, sometimes can even lead to dangerous situations where you child is hurt badly. Children can’t really handle themselves like a well grown up will do, in some worse situations it may lead to death. You should however educate yourself about all the necessary steps that need to be taken when you child is hurt or is injured.
There are situations where landowners can be held responsible when a child is hurt, injured or even died, these conditions are;
* The landowner is well aware with a certain dangerous condition on his environment and still didn’t take care of the problem nor prevent the children from playing on such ground.
* The landowner fully understands that the children can enter the residence without permission and didn’t prevent that.
* The landowner knows that there would be a risk of serious health condition that may lead to physical harm or death to the children.
* The children are too young to comprehend the danger, hazard, and any other harmful condition.
* The burden to eliminate the dangerous situation by the landowner was insignificant when compared to the risk of harm or injury.
* If the land owner fails to take all the necessary steps that are needed in order to protect the children from any danger that may rise on his property.
Children Injury – Who Is Responsible?
Like we have mentioned above if some conditions are met which prove that there is negligence from the landowner, then he will be responsible for anything that happens. The landowner will be responsible for any harm that inflicted which is caused by artificial conditions on his property. If however the child’s behavior was against the rules and regulations on the landowner’s properly and the child suffer some damages because of violating the laws, in such situation the landowner isn’t responsible for what happens.
It’s now the responsibility of parents or guardians to take care of their children. Parents can recover the medical expenses or any other cost that’s related to the injury through a verdict or personal injury settlement. They should however understand that personal injury case for children is different for adults; care must be taken to ensure that proper step is taken before filing lawsuits.
Can Children File Personal Injury Lawsuit?
Even high school kids aren’t qualified by law to file a lawsuit for themselves, they are considered not competent enough until they reach the age of 18 years, anyone that is under 18 years cannot make their own claim. It’s the responsibility of the parent or guardian to file a lawsuit on behalf of their children’s name, when your child is injured you have the right to get all medical coverage for your child or you have paid for. In some cases however parents or guardians need to get permission from the court before they make personal injury claims for their children who have been injured. Some states like Florida don’t need this; parents can hire a personal injury attorney right away to deal with their claim.
Are Children Covered For Trespassing?
If the landowner can prove that children trespass the property or have done some negligence that resulted in the injury, then it’s going to be hard to recover all your compensations, but when it comes to trespassing age matters, all children cannot be categorized the same when it comes thinking. When it comes to dealing with children personal injury lawsuits, the age of the child is taken into consideration so as to understand what type of reasonable thinking he is capable of. In all cases children that are less than 6 years cannot be blamed for any negligence.
Are They Covered Beyond Medical Bills?
Most of the time parents and guardians make claims for medical bills only, is possible to make claims other medical bills. In some situations you can make claims beyond medical bills. You may not be able to recover damages for lost of income but if the injury lead to long term liability that prevents the child from doing a lot of activities or prevents the child from working forever, in such situations there is an additional compensation that must be paid.
If your child is injured by any means there is the need to contact an experienced lawyer that will help you make the proper claims and also protect your legal rights. That’s why here at Massey & Duffy we specialize in handling children’s personal injury cases, if you have any injury problems with your child, you should contact us for a free a consultation so that we can help you secure you child’s feature.