Children are more vulnerable to injuries than adults because they lack impulse control and knowledge of what should be a dangerous situation. While some injuries can occur from out-of-nowhere accidents, like motor vehicle crashes or a dangerous fall, other incidents might be the result of a curious toddler exploring where they should not be.
When your child is injured and in pain, one of our local Personal Injury attorneys can help you take action. A West Virginia child injury lawyer can work with you to identify potential targets with a civil lawsuit and hold them accountable for their negligent actions.
Common Ways That Children Get Injured
Children require adult supervision and guidance. When that oversight falls below the standard a reasonable person would provide, and a child is injured from it, the irresponsible adult can be held liable for the harm he or she caused. Some of the most prominent child injury scenarios include:
- A daycare employee who ignores duties and a child gets hurt
- A homeowner who fails to secure a backyard pool area, allowing children to fall into the pool and possibly drown
- An obstetrician who uses forceps improperly during a baby’s birth
- A toy manufacturer that fails to warn consumers when a toy is a choking hazard for toddlers
These examples, and others, illustrate how adults owe a duty of care to children – even those they are not specifically in charge of. If that duty is breached through substandard behavior, and a child is injured because of it, the adult should be accountable for compensating the family for the child’s injuries. A child injury attorney can advise a West Virginia family and seek compensation for the medical and emotional trauma that followed a major incident.
Negligent Medical Care at Birth
The earliest negligence an adult can perpetrate against a child happens at or before birth. Medical professionals might ignore protocols by failing to administer proper tests during pregnancy, delaying a Caesarian when a baby is in fetal distress, or improperly using a vacuum. Any of these can lead to oxygen loss, Erb’s palsy, and other disabilities in a newborn. An astute child injury attorney can investigate procedural errors to determine if they amount to negligence.
Attractive Nuisance
Curious children may be drawn to something unique or inviting on public or private property. Even though the child might be trespassing, the property owner could still be held liable under the attractive nuisance doctrine. Property owners must be aware that attractions on his or her property will attract children, such as backyard pools or defective playground equipment.
Defective Toys
Manufacturers are expected to release products into the stream of commerce in a condition that is safe for everyday use, especially for children. If there are caveats for safety, the manufacturer is expected to disclose them. Products that have harmed children include toys, car seats, flammable clothing, and cribs. The family could work with a lawyer to hold the manufacturer responsible.
Ask a West Virginia Child Injury Attorney to Analyze Your Potential Claim
Children can be highly active and require adult oversight. When that oversight is lacking or substandard, the adult in charge may be accountable for any injuries the child experiences. Negligence can come from daycare workers, teachers, babysitters, and bus drivers. Property owners and toy manufacturers also have a duty to safeguard children from potential hazards.
Jan Dils, Attorneys at Law can represent you in your pursuit of compensation. Call a West Virginia child injury lawyer for a free consultation.
