Every person in our society is vulnerable to the carelessness and violence of others. This harsh reality is especially true for children. Fortunately, the law affords children special protections. Many scenarios exist where a defendant may be liable for an injury to a child, whereas they would be clear of wrongdoing if the injured party were an adult.
A Lima child injury lawyer could help your injured children and you set things right. Whether the injury was the result of a shared incident with an adult or affected only your child, an accomplished personal injury attorney could help pursue the compensation needed to make things better.
How a Child May Become Injured
Children, no matter their age, are subject to many of the same hazards that you may encounter every day. Children ride in cars, walk down the street, visit shops, and could be victimized by criminal behavior.
However, every wrongdoer in accident claims is responsible if their negligence gave rise to the injury. This concept of duty applies to you and your child. As a result, a negligent defendant in a car accident, a pedestrian accident, or a slip and fall is liable to provide compensation to you and your injured child.
Of course, there are certain situations that are unique to children. Schools have a duty to keep their students safe from both accidents and the predations of staff members. A school that fails in this duty may be negligent in its duty to protect its students. Similar situations apply to daycare centers, out of school activities, and camps that take charge of children while parents are away. A child injury lawyer in Lima could help to investigate the causes of a child’s injuries to determine if a defendant carries legal liability.
Special Provisions in Child Injury Cases
Of course, child injury cases are never identical to adult injury claims. Some scenarios arise where a defendant is liable for your child’s injury where they would not have been if the victim had been an adult. A clear example is the duty to keep trespassers safe. While adult trespassers only enjoy protection against intentional harm, the concept of attractive nuisance requires landowners to keep their land safe for any children that may wander onto their property without permission.
According to the Ohio Supreme Court case of Bennett v. Stanley, 748 N.E.2d 41 (2001), a landowner is liable for a wandering child if:
- The landowner has reason to know that children are likely to enter the land
- The owner has reason to know that the condition is likely to result in death or serious harm
- The children were so young as to not appreciate the danger
- The potential harm to children outweighs the benefit of the condition of the land
- The landowner fails to take appropriate steps to eliminate the danger or protect the children
Additionally, your child cannot serve as a plaintiff in his or her own case. Even if the case never goes to court, you or another guardian must serve as the representative for your child’s legal rights. In especially serious injury cases, the funds that result from the case may be placed in trust for your child to use in the future. A Lima child injury lawyer may be able to provide more clarification as to the special aspects of the law that concern injuries to children.
A Lima Child Injury Attorney Could Fight for You and Your Child
Few experiences in life are as heartbreaking as seeing your child suffer an injury. Children are vulnerable to most of the same hazards that affect adults and even may experience injuries unique to people of their age. One thing that adult and child injury cases have in common is the ability to demand compensation from at-fault defendants.
A Lima child injury lawyer could help you pursue these claims on behalf of your child. Whether the injury was the result of an accident that affected both of you or if your child was injured in school and on their own, you both have legal rights. This includes the right to demand payments for any medical costs, lost quality of life, or educational impediments that resulted from the injury. Contact a Lima child injury attorney today to learn more.