As a loving parent or guardian, you take every measure you can to protect your child from harm. Unfortunately, no matter how careful we are in safeguarding our children, many careless parties out there could cause injury to our little ones. Even mild physical injuries can have significant consequences to a child’s still-developing body and mental functions. In more tragic cases, a child injury can lead to death.
If someone’s negligence injured your child, you likely want to hold them accountable and have them pay for the damages they caused. Get the help of a personal injury attorney who has experience in child injuries in your area.
In Riverside County and nearby areas in California, Zucker Personal Injury & Accident Lawyers, APC has earned the trust of families of injured minors. Our lawyers have helped them get proper compensation to help their child heal and to achieve a sense of justice. Consult with us for free.
Top Causes of Child Injury
To establish the at-fault party’s liability in your child’s injury, it’s vital to pinpoint the cause of the accident and how the responsible party could have prevented it.
According to the Centers for Disease Control and Prevention (CDC), these are the most common causes of unintentional injuries and deaths among children aged 0 to 19:
- Motor vehicle crashes
- Fires and burns
- Poisoning or drug overdose.
In our 25+ years of practice at Zucker Personal Injury & Accident Lawyers, APC, we’ve also seen other common causes of childhood injuries, especially among small children:
- Dog bites and other animal attacks
- Playground/sports accidents
- Pedestrian accidents
- Injuries from defective toys and other products
- Electrical accidents
- Birth injuries
- Medical malpractice in pediatric care
- Child neglect and/or abuse.
It can be challenging to establish fault, especially because kids are inherently susceptible to accidents. The defendant may be able to argue that they have little or no liability and that the injury was simply due to an innocent accident involving the child. To fight for your child’s rights and your family’s peace of mind, entrust your case to an experienced personal injury lawyer from Zucker Personal Injury & Accident Lawyers, APC.
Below, we spotlight some unique factors that lead to child injuries and deaths.
When Negligent Supervision Leads to Child Injury
Most parents regularly put their young children in someone else’s care: at the daycare, at school, with a relative, or with a nanny. In these arrangements, the party in charge of the children has the duty to supervise them appropriately. Toddlers especially need constant monitoring to keep them away from danger.
If a party fails their duty to supervise a child in their care adequately, and that child got injured in an accident during that time, it may be a case of negligent supervision. Parents can file a civil claim against the negligent party.
Negligent supervision can happen anywhere. Here are some examples:
- At home – Babysitters or family members sometimes fail to watch where the child goes, fail to keep dangerous items away from the child’s reach (e.g., scissors, knives, chemicals, firearms), or fail to secure unsafe areas such as stairs and bathtubs.
Note that even a parent could be liable for negligent supervision. When this happens, the other parent or another family member would be able to file the lawsuit.
- At school – Teachers or school officials may be liable if a child got injured under their care. It could be through poorly maintained facilities, sports accidents, or even schoolyard fights.
Many schools now ask parents to sign a waiver to release the school from responsibility if the child gets injured within school grounds. However, there may still be ways to hold them accountable despite waivers. Talk to a lawyer about it.
- At the daycare – Childcare facilities in California have to follow the state’s legal standards for safety. Sadly, some daycares operate even while falling short of these standards. One common issue is their lack of staffing, resulting in inadequate supervision of children.
- At camp – Though many camp organizers require signed waivers that minimize their liability for children’s injuries, parents may still have legal options for holding them responsible.
No matter who was responsible for your child’s care when the injury occurred, it’s wise for you to consult a personal injury lawyer about it. Even if you signed a waiver or think you can’t sue, an experienced attorney should let you know what your legal options are.
Child Drowning in California
Our state has many beautiful beaches, rivers, lakes, waterparks, and swimming pools. Unfortunately, our affinity for water recreation comes with a high incidence of drownings and near-drownings, especially among children. In Riverside County alone, drowning is the number one cause of injury-related death among kids aged 1 to 4, according to the Riverside County Department of Health.
When is child drowning a cause for a civil claim? If someone’s negligence led to the water accident, this may entitle the family to compensation. Here are some examples:
- A beach resort with inadequate or unqualified lifeguards
- An amusement park with poorly maintained water rides
- A private swimming pool owner who failed to secure their pool from child guests (pool owners are subject to safety standards under the law)
- A babysitter or caretaker who failed to supervise the child in the water
- A community pool with no visible signs about water depth
- A boat tour with insufficient life vests
- A government-operated nature park lacking age-appropriate restrictions and warnings
A child’s water injury can be a case of premises liability or negligent supervision. If tragedy struck and resulted in the loss of your loved one, you may hold the responsible party accountable through a wrongful death claim. Reach out to us at Zucker Personal Injury & Accident Lawyers, APC to see how you can best pursue your claim.
Defective Products Causing Child Injury
Parents buy numerous products for child care and recreation, assuming that these products are safe for kids’ use. But time and time again, product recalls remind us that not all kiddie items on the market are child-friendly. Some of them cause serious injuries to little ones.
These are only some of the products that commonly turn out to be defective, are often subject to recalls, and are factors in child accidents:
- Child carriers (backpacks or slings)
- Toys with choking hazards
- Toys with electrical hazards
- Scooters and hoverboards
- Pocket bikes
- BB guns and airsoft guns.
Who is liable in a defective product child injury case? The manufacturer may be liable to pay damages if they failed to warn consumers about the dangerous quality of their product. However, parents may find it difficult to sue a well-resourced company. If you are in this situation, talk to us at Zucker Personal Injury & Accident Lawyers, APC, as we have extensive experience in products liability cases.
Contact a Temecula Child Injury Attorney
With over 25 years of experience, Zucker Personal Injury & Accident Lawyers, APC helps families in Temecula and nearby cities get the compensation they need and deserve after their child’s accident. We have obtained million-dollar settlements on behalf of our clients and have fought for them even when facing powerful companies and insurers.
Talk to us and see how we can help you. Your consultation with us is free, and you won’t have to pay lawyer fees unless and until we obtain compensation for you.Call (951) 699-2100 or send us a message to schedule a consultation.