Children do not have the fully developed mental capacity to understand danger. Adults responsible for their well-being are expected to be vigilant and keep them safe. Failure to do so, by act or omission, may lead to a negligence claim for compensation if the child is hurt or killed.
When your child is injured while in the care of another, a Williamsville child injury lawyer understands your plight and will help you and your family fight for the compensation you need and deserve. While no amount of money can make things right when someone harms your loved one, these payments can take the financial strain off of you as you move forward. Call Richmond Vona, LLC to speak with a caring personal injury attorney to begin the process.
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Child Injuries Caused by Caregivers
When a child is hurt, the adult in charge is often the first place to assign blame. Caregivers, including family members, must act in a manner consistent with a reasonable person in a similar situation to ensure a child is safe. Negligence can be established when their actions are unreasonable, reckless, or intentional, and someone is injured.
The person who causes the injuries may be required to compensate the child’s custodial parent for medical bills, pain and suffering, disfigurement, and lost future wages if the child is injured severely and will not be able to work as an adult. Besides parents, siblings, and relatives, some caregivers who are liable for negligence if they cause accidents that injure children are:
Babysitters and nannies
Daycare and nursery school workers
Teachers
Coaches
Pastors and youth ministers
Lifeguards
If a child dies from injuries suffered at the hands of an adult, the child’s family can file a wrongful death lawsuit if the elements of a personal injury case are proven. A compassionate Williamsville child injury attorney can review the details of an event to determine who is at fault, and what legal options exist.
Common Child Injuries
Children and teens can suffer injuries in many of the same ways that adults can. Some of the most common causes of harm are car crashes, sports injuries, and playground or swimming pool accidents. Sadly, minors can also sustain harm due to abuse.
Medical Negligence
Medical negligence, also called malpractice, occurs when a healthcare professional performs below acceptable standards. Negligent medical staff can cause the earliest child injuries at birth. These can include several failures to act, such as failing to diagnose loss of oxygen to a baby’s brain, not calling for a Caesarian section when the baby is in distress, and failing to adequately monitor and test the pregnant patient. Other acts that are considered negligent include the improper use of forceps or the vacuum extractor.
Medical malpractice can lead to brain damage, head and torso damage, cerebral palsy, physical disabilities, and cognitive dysfunction.
Attractive Nuisances
Property owners have a duty to trespassing children who are enticed onto their property under the Attractive Nuisance Doctrine. Owners are expected to anticipate what attracts children, such as swimming pools and trampolines, and secure their property accordingly to eliminate potential hazards.
Children and Defective Products
Companies that design, manufacture, or fail to warn the public about a danger associated with their product may owe compensation to children injured by defective consumer items. Some examples include flammable sleepwear, defective car seats, toys with small parts, and cribs.
Regardless of the cause, when a child suffers avoidable harm due to negligence or carelessness, the responsible party should be held legally liable. A Williamsville child injury attorney can help with this process.
Let a Williamsville Child Injury Attorney Protect Your Family’s Rights
Having your child sustain avoidable harm while under the care of another person or due to another person’s negligence is a uniquely frustrating and heartbreaking experience. At Richmond Vona, LLC, our caring Williamsville child injury lawyers can take the lead in legal matters so you can focus on being there for your family during a difficult time. Call today for a free consultation to discuss the details of your case and learn what steps you should take next.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
