Who’s Liable for a Child’s Injuries?

When a child gets injured in an accident, they don’t have the same power to defend themselves as an adult. It’s essential for the child’s guardian to take action on their behalf if the liable party responsible for causing the accident is to be held accountable and justice is to be served.

If you’re a parent living in Nebraska, for example, and your child is injured while on the playground, you may feel overwhelmed as you take your child to the hospital and watch them recover. Initially, you may not know who’s responsible for your child’s injuries, but after speaking with a Hastings personal injury lawyer, you may determine that a negligent teacher is at fault.

Determining liability in accidents can be complex because the liable party may not always cause the injuries directly. The key to knowing who to sue for your child’s injuries is identifying how negligence played a role in causing the accident that ultimately led to the injury. 

Types of Accidents that Lead to Child Injuries 

Children can get injured in various ways: a child may suffer injuries in a car accident, in a sports-related accident, in a dog bite attack, or by a defective product. Children may also injure themselves by drowning, choking, or falling if adults aren’t supervising them. You can use evidence from your child’s accident such as video footage, witness statements, photographs, and medical records to determine fault.

Possible At-Fault Parties in a Child Injury Case

An individual may be at fault for your child’s injury if they were negligent. For example, if a distracted or drunk driver caused the car accident that led to your child’s injuries, you can sue them for damages. You can also sue a dog owner if their dog bites your child. Alternatively, you can sue a negligent individual if your child chokes or drowns when the individual should have been watching them.

A company or manufacturer may be liable for your child’s injury if your child is injured by a defective product or if your child is injured because of negligence while at school, at daycare, at church, or at camp. These organizations have an obligation to protect your child while your child is in their care, and you can sue the organization for any harm your child suffers. 

Damages You Can Recover for Your Child

When filing a lawsuit on behalf of your child, you can recover both economic and non-economic damages for them. These damages may include medical expenses, pain and suffering, emotional distress, and scarring and disfigurement. Children have the same rights to a settlement as adults, but it’s up to you as a parent to fight for your child and win them the money they deserve.