Children are some of the most at-risk members of society when it comes to injury risk. Curiosity combined with an inability to understand the dangers of many threatening items or activities can result in an unpredictable situation. For this reason, the law turns to adults – property owners, manufacturers, parents, and more – to keep children safe. If you are the parent of a child who has been harmed in San Diego or surrounding areas, it is important that you hire a law firm that successfully handles cases involving injuries to children.
Most Common Injuries to Children
Some of the most common types of childhood accidents and injuries include:
- Choking;
- Lead poisoning (from childhood toys);
- Car, bike, or pedestrian accidents;
- Falls;
- Drowning or near-drowning; and
- Poisoning.
Who Is Liable When a Childhood Injury Occurs?
Liability in childhood injury claims can be complex, and certain rules that apply to adults (in certain case types) may not apply to children. Consider the following example:
Johnny is playing with his friends in a standard neighborhood. One of the kids remembers that the neighbors have a trampoline, and suggests that the kids – all of whom are very young – go jump on the trampoline. Because the neighbors have no fence, accessing and using the trampoline is easy. Johnny falls off of the trampoline and breaks his arm.
In the situation above, the owner of the trampoline may be held liable for Johnny’s injury.. This is because even though Johnny was trespassing at the time of the accident, the property owner would be held liable under the doctrine of attractive nuisance. The doctrine states that because of children’s age and inability to rationally understand dangers, property owners can be held liable for children’s injuries if they have something attractive – such as a trampoline – on the property and fail to take action to keep children from accessing the trampoline.
In other cases, children are protected under the same rights as would be anyone else. If a defective product or a product that is inherently dangerous causes injury to a child, the manufacture of that product may be held liable; if a car hits a child, the driver of that car may be held liable; if a child nearly drowns in a private pool, the owner of that pool may be held liable. Liability is dependent upon the specifics of the case and on negligence.
An Experienced San Diego Attorney Can Help
At Berman & Riedel, LLP, our experienced San Diego personal injury attorneys understand how important your child is to you, and how devastating an injury can be, especially one that would have been preventable but for irresponsibility. We will work hard to discover who should be held liable for your child’s injuries, how to file a claim, what types of damages you may be entitled to, and more.
Do not trust just anyone with your child’s future; trust the attorneys with the experience and skill set your case deserves. Call us now for a free consultation at 858-350-8855.
