Our children love to play, and accidents are bound to happen and can lead to dangerous situations where your child is badly hurt. Children can be very accident-prone, and that can carelessly lead to death. You should educate yourself about all the necessary steps when your child is hurt or is injured.
Landowners may be responsible when a child is hurt, injured or even dies, these conditions are:
*The landowner is well aware of a particularly dangerous situation 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 stop that.
* The landowner knows that there would be a risk of a severe 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 when compared to the risk of harm or injury.
* If the landowner fails to protect the children from danger.
Children Injury – Who Is Responsible?
If conditions prove that there is negligence from the landowner, he will be responsible. The landowner will be liable for any harm that inflicted, which is caused by unnatural conditions on his property. If, however, the child’s behavior was against the rules and regulations on the landowner’s property and the child suffers some damages because of violating the laws, in such a 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 injury case to children is different for adults.
Can Children File Personal Injury Lawsuit?
Even high school kids aren’t qualified by law to file a lawsuit for themselves. They are not competent until they reach the age of 18 years. Anyone that is under 18 years cannot make their claim. It’s the responsibility of the parent or guardian to file a lawsuit on behalf of their children. You have the right to get all medical coverage for your child when your child is injured. Some states like Florida don’t need permission to file a claim against a liable party from the court. Parents can hire a personal injury attorney right away to deal with their claim and request for compensation.
Are Children Covered For Trespassing?
If the landowner can prove that the children trespass on their property or have done some negligence that resulted in the injury, then it’s going to be hard to recover compensations due to injuries. Still, when it comes to trespassing age matters. All children cannot be categorized the same. When it comes to dealing with children’s injury lawsuits, the age of the child is taken into consideration. Children that are less than six 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, it is possible to make claims of other medical bills. In some situations, you can make claims beyond medical bills. You may not be able to recover damages for loss of income. Still, if the injury leads 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 additional compensation.
If your child is injured, contact our office. We will assist in making the proper claims and protect your legal rights. Here at Massey & Duffy, we specialize in handling children’s personal injury cases. If your child has suffered injuries from someone’s negligence, you should contact us for a free consultation so that we can help you secure your and your child’s future.
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