All parents dread the possibility of their children suffering injuries or illnesses. Although accidents often happen and children get cuts, scrapes, and bruises every day, it’s important to recognize the difference between an honest accident and an injury caused by negligence. If your child has been injured and you believe another person or party is responsible, it’s imperative to secure knowledgeable legal counsel as soon as possible.
Child injury cases can take many forms, and an experienced Phoenix injury attorney can guide you through any type of child injury claim. You may need to file a lawsuit against a negligent caregiver or a defective product manufacturer. In some cases, you may need to file a claim against your child’s school or another child’s parents. Cullan & Cullan can help with any type of child injury claim.
To learn more, call (602) 900-9483. Your consultation is free and private.
Grounds for Filing a Lawsuit
Most personal injury cases function on the basis of negligence. To win a personal injury case, the plaintiff (the injured party, or in this case, the parents of the injured child) must prove three things:
- The defendant (the party being sued) had a duty to act with reasonable care. In child injury cases, this could extend to daycare staff failing to properly supervise the children in their care, a school bus driver operating the vehicle unsafely or while intoxicated, or a school failing to provide safe foods for school lunches.
- The defendant breached this duty in some way. This could mean daycare staff were distracted or had too few staff to reasonably supervise the children in their care or that the school served foods known to be contaminated or past their expiration dates.
- The victim’s injuries were the result of this breach of duty. The plaintiff can only recover damages for injuries that resulted from the defendant’s negligence.
Types of Child Injury Claims
Personal injury cases are only one possibility when children are injured. A defective product that injures a child or fails to reasonably warn of any potential risks could necessitate a product liability claim against the manufacturer. Product manufacturers must produce their wares using consistent methods, properly advertise the intended uses of their products, and adequately warn consumers of any possible dangers associated with use of their products. Failing in any of these capacities may form grounds for a products liability lawsuit from parents of injured children.
Premises liability is another possible avenue for filing a claim for damages. If a child is injured due to unsafe conditions on a property, the owner may be held liable. One important thing to remember is that premises liability typically only extends to injured parties who are lawfully present on the property at the time of injury; however, this doesn’t apply to children. Children aren’t considered to be as cognizant of their actions as adults, so even if a child trespasses on private property, the owner may be held liable for any injuries.
What if Another Child Hurts My Child?
Bullying has been a large part of the national conversation about children in recent years. If another child injures your child, you may be wondering if you have any options for legal recourse. While you can’t sue a child, you can sue his or her parents in certain circumstances. The school may also be held liable for another child injuring your own. If the school is notified of a bullying situation and does nothing to address it, a judge will more than likely hold the school liable for any subsequent injuries.
No matter what your situation entails, it’s vital that you take action as soon as possible if your child suffers an injury related to negligence. Get in touch with the Phoenix child injury attorneys at Cullan & Cullan if you think you need to file a lawsuit against the party that harmed your child. We offer free case evaluations, so reach out to our team with any questions. We can discuss the details of your case and let you know what type of compensation you may be eligible to collect.
Give us a call at (602) 900-9483 today.