As parents, we do everything in our power to protect our children. We wipe every tear and bandage every scrape, hold their hands when they cross the street, and always make sure their seatbelts are fastened. We know it is our job to keep them safe. Unfortunately, we cannot always account for other people’s actions. Call Eric if you would like to discuss a child injury due to negligence.
In spite of our best efforts, our children can still be hurt through no fault of our own. When our kids are injured on someone else’s watch, it may be due to negligence.
WHAT IS NEGLIGENCE?
Negligence is a general term we use to describe any behavior that contributes to or directly causes an accident. In the case of child injury, supervisors generally have what we refer to as a duty to act or provide adequate supervision to our children when we cannot. As citizens, we all have a duty to exercise reasonable care to ensure we do not injure those around us. For example, we obey traffic laws and take other steps to avoid harming others. In the case of child injury, there are a few specific types of negligence:
- Negligent supervision. We cannot be in charge of our children’s supervision every minute of every day. When we send them to school or daycare, we trust them to experienced caregivers, teachers, and support staff. Each of these members of the team has an obligation to keep the child safe and provide adequate supervision. “Adequate supervision” is a fluid term—one that depends on a few factors, such as the child’s age, type of activity, and experience level. For example, a coach will have to take more precautions facilitating a game of tackle football as opposed to a game of two-hand touch.
- Negligence from defective equipment. Children hurt on playground equipment may sustain injuries from faulty equipment, like sharp edges on broken parts. When this happens, the manufacturer or party responsible for upkeep may be to blame.
Proving negligence is the key to successfully defending your personal injury claim. If someone else is liable for your child’s injuries, you are eligible for compensation.
CHILD INJURY – WHO IS LIABLE FOR MY CHILDREN’S INJURIES?
Determining liability or identifying the party at fault is different for each personal injury case. Parents often wonder if the school district can be held liable for injuries their children incur at school, for example, as nearly a quarter of all child injuries occur on school property. The answer is never cut and dry; it requires the assistance of an experienced attorney.
In cases of intentional harm, like bullying, the bully’s parent may be responsible for your child’s injuries. In other cases, a lack of supervision may lead to harm, making the school district liable. Any case in which school officials fail to adhere to an established standard of care can be construed as negligence.
MY CHILD WAS INJURED AWAY FROM MY SUPERVISION. WHAT CAN I DO?
There is nothing more heartbreaking than seeing a loved one in pain, especially if that loved one happens to be a child. If your child is injured in an accident, you may be wondering about recourse against the parties responsible. Medical bills take a toll financially, and emotional damage may affect your child for the foreseeable future.
You do not have to pay for someone else’s negligence. Contact a law firm with a track record of excellence in personal injury law. The Nielsen Law Firm has over 30 years of experience with personal injury cases—and we are not afraid to go to trial. We are committed to helping Houston families recover the damages they need to begin the healing process. Contact us for a free case evaluation.