You send your children out into the world hoping they make it home unscathed. However, because of their curious nature and the negligence of others, sometimes they succumb to injuries. For example, children are often harmed in car accidents, on playgrounds, while riding bikes, or exploring unknown territory.
Unfortunately, other people and companies tasked with keeping children safe often fail to do so. If your child is injured because of another person’s negligence, you have the right to hold the irresponsible parties accountable for damages. Our skilled personal injury attorneys could help with this process. Contact a Columbia child injury lawyer at Whetstone Perkins & Fulda to discover how we could help you.
Examples of Child Injuries
Because of their small size, children are more susceptible to severe injuries than adults. Additionally, adolescents’ brains are not fully developed, meaning they cannot always make informed decisions.
For example, a juvenile may take advantage of a neighbor’s unlocked gate to jump into a swimming pool, making the homeowner liable if the child drowns. The Centers for Disease Control and Prevention reports that drowning is the number one cause of death in healthy children ages one through four. Adults and professionals who frequently cause children’s injuries include:
- Obstetricians who misuse forceps during birth and cause head trauma to the baby
- Daycare workers or teachers who fail to supervise children on the playground and one falls and is injured
- Manufacturers that release toys with small parts on which a baby can choke but do not attach warning labels to the product packaging
- Homeowners who do not secure dangerous dogs, leaving a child visitor with disfiguring scars after a dog attack
- Motorists who cause devastating collisions to vehicles with children
The circumstances surrounding child injuries are endless but determining which facts prove that a person breached a duty of care is straightforward. For example, plaintiffs must prove an at-fault party was responsible for ensuring a child’s safety but fell below the threshold of a reasonable person with a similar duty.
You could file a negligence claim if an unreasonable act or omission caused your child’s injury. Additionally, a hardworking attorney in Columbia could help prove liability and obtain compensation for your child’s medical treatment, disfigurement, pain, and loss of future earning capacity.
What if a Child or Supervising Parent is Partly at Fault for an Injury?
Property owners are generally not liable if someone trespasses on their land and sustains injured. However, under South Carolina’s attractive nuisance doctrine, a property owner in Columbia may be responsible if trespassing children are harmed.
To prevail in a personal injury claim, an attorney must demonstrate that a property owner created a dangerous condition that attracted a child. In addition, the landowner must know about the condition and that children will likely trespass to get to it.
Parents Who Contribute to a Child’s Injury
At-fault parties and insurance companies will likely argue that the plaintiff in an injury case contributed to an accident to lessen the damages award they will have to pay. For instance, a parent who does not correctly strap a child into a car seat may be partially liable for their child’s injuries.
South Carolina’s modified comparative negligence law will allocate blame for an accident to the involved parties. As a result, courts will reduce a plaintiff’s damages by their percentage of fault. An attorney can answer questions about allocating blame for your child’s injury and work to get you the maximum compensation possible.
A Columbia Child Injury Attorney
Children are easily harmed because they are small and do not sense danger like adults. Therefore, negligent adults caring for them and greedy manufacturers that put profits over protection are responsible for the injuries they cause.
Call us if a caregiver, physician, property owner, motorist, or manufacturer is responsible for an accident that injures your child. Our Columbia child injury lawyers can fight for you by showing a jury that you deserve compensation for your family’s losses.