Children sometimes make choices that adults would not. They do not appreciate the danger because their brains need more time to mature and their small size makes them vulnerable to traumatic injuries.
As heartbreaking as it is to see your child injured and in pain, there is something you can do if someone else was responsible for it. A Perth Amboy child injury lawyer understands how defective products, negligent medical professionals, and unsafe premises can cause harm. While you put your energy into helping your child, a qualified personal injury attorney manages your lawsuit.
Families of injured children may be entitled to compensation when adults are involved in causing those injuries. Some situations that may be actionable include:
All these examples, and most child injuries, are based on the premise that adults owe a duty of care to the children they are responsible for or who might come across their path. If they breach the duty and the child is injured, they should compensate the child’s family, since they face medical bills and potentially long-term ramifications resulting from the incident. A Perth Amboy attorney could explain how someone’s negligence can lead to a child injury lawsuit to restore what a family has lost.
The earliest form of negligence by an adult against a child is just before and during birth. A treating physician and attending team are expected to follow established procedures to ensure a healthy baby is delivered. Negligence could be established if proper testing is not performed during pregnancy, resulting in hypoxia (oxygen loss that can result in disabilities), inappropriate use of a vacuum during childbirth, or delaying a C-section for a baby in fetal distress.
Children are naturally curious and often wander onto someone else’s property to explore. In New Jersey, a property owner could be liable under the attractive nuisance doctrine if a child is drawn by something on the property, enters without permission, and is injured as a result.
This doctrine assumes the premise that children are too young to understand the inherent danger of some situations. Property owners must assume children would be drawn to the area and make every attempt to safeguard the situation. For example, the state requires swimming pools to be surrounded by fencing at least five feet high with no openings large enough for a four-inch-long object to pass through them. A knowledgeable attorney could advise an injured child’s parent about whether negligence occurred in safeguarding the hazard.
When a manufacturer releases an item into the stream of commerce, it must be safe to use as intended. If it could be dangerous, and the dangers outweigh the product’s value, warning labels should be prominently displayed on the product. Many companies have been liable for products that have harmed children, including baby swings, car seats, cribs, flammable nightwear, and toys without warnings that young children could choke on. A Perth Amboy lawyer could assist someone with a claim against a manufacturer for a defective device that harmed a minor.
While it is impossible to monitor children 24 hours a day, caregiving adults have a duty to protect your children and there are numerous laws in place to prevent the worst from happening. Still, tragedies happen and it may require legal intervention.
When your child was injured because of someone else’s negligence, including poor medical care at birth, inattentive caregivers, or a careless truck driver, call us to discuss your situation before insurance adjusters try to offer a lowball settlement. A Perth Amboy child injury lawyer could fight for the compensation your family will need to regain some level of normalcy.