When a child sustains a severe injury, it can be challenging for the minor and their family to cope with the resulting trauma physically, emotionally, and financially. In cases where a child’s injury results from another’s negligence, the family may have grounds to file a civil claim for legal restitution.
If your child was injured in an accident resulting from someone else’s negligence, you could bring a claim on their behalf to recover damages with the help of an experienced injury attorney. By speaking with a Bala Cynwyd child injury lawyer, you could learn how to pursue your child’s claim effectively.
Common Accidents in Childhood
Due to their age, some injuries they could sustain can arise from circumstances unique to children. However, minors can also suffer harm in the same accidents adults face. Some of the more common child injury accidents include, but are not limited to:
- Swimming pool and drowning accidents
- Playground or sports accidents
- Motor vehicle collisions
- Dangerous or defective products
- Slip and falls
Regardless of the exact type of accident that results in a child suffering harm, if the cause was another person’s negligence, the family of the injured child could file a civil claim for damages. An experienced local lawyer could help the parents of an injured child seek compensation from any party potentially at fault for their child’s injuries and the resulting damages.
What are Legal Nuances for Proving Liability for Harm to a Minor?
In a majority of personal injury cases involving children, the legal claim that the injured child brings is typically based on a theory of negligence. In other words, the child’s injuries were the result of another’s wrongful conduct or failure to act accordingly.
To succeed in the bringing of a negligence cause of action, the plaintiff will need to prove the following elements:
- The defendant owed the plaintiff a duty of care
- The defendant violated that duty
- The breach was the direct or proximate cause of the plaintiff’s injuries
- The claimant’s injuries resulted in compensable damages
However, defendants owe a higher duty of care to children. Therefore, there are some legal nuances regarding a defendant’s obligations to a child plaintiff.
In Pennsylvania, if a child sustains an injury while on the property of another due to their attraction to an existing hazard on the property, the property owner may be held liable for damages under the legal doctrine of attractive nuisance. For the injured minor to effectively bring an attractive nuisance claim against the property owner, they must show the property owner was or should have been aware of the property’s hazardous condition and that the dangerous condition was likely to injure children due to their inexperience and maturity. Attractive nuisances protect a child even if the minor was trespassing at the time of their injury.
Discuss Options with a Bala Cynwyd Child Injury Attorney
When a child suffers from a negligently inflicted injury, it can have a lasting effect on them and their family. The mental and physical trauma such an injury can cause may result in costly medical procedures and extensive treatment.
If your child has recently been harmed due to an accident caused by someone else’s negligence, you could pursue their injury claim on their behalf. Call an experienced Bala Cynwyd child injury lawyer now to discuss your potential options.