Many injuries suffered by children are caused by negligence. There are numerous situations that pose a safety risk to children. If individuals or businesses fail to uphold responsibilities to provide safety, parents and their injured children can be legally entitled to compensation. Here are some of the circumstances where the negligent actions of others could result in injury to a child.
Medical Negligence
Many birth injuries can be prevented through proper care and attention from medical providers. Medical negligence can lead to birth injuries. For example, failure by medical personnel to spot warning signs during pregnancy or labor can result in children sustaining cerebral palsy birth injuries. Other forms of medical negligence that could cause birth injuries include:
- Failure to conduct sufficient prenatal screenings
- Application of excessive force on a baby during delivery
- Improper application of treatments and therapies
- Poor communication among health care professionals
- Failure to correctly address factors that could lead to birth injuries, such as prolonged labor, nontraditional delivery positions, and a uterus that cannot handle vaginal birth
Birth injuries can require lifelong care. The financial burden placed on parents can therefore be significant. When injuries cause life-altering conditions, parents can recover compensation for treatment costs and long-term care costs.
Negligent Supervision
When children are entrusted to childcare facilities or the care of other parents, the adults in charge can be held liable for the injuries that the children sustain under the theory of negligent supervision. Adults who knowingly accept responsibility for children have a duty of care to ensure they are safe. If that duty is breached and a child sustains injuries, the injured child is entitled to compensation for economic and non-economic damages.
Negligent supervision claims can arise in any setting. Daycare providers should supervise the children in their care properly, keep their facilities safe, and remove any hazards. If they fall short of their duty, their negligence can cause children to get injured in accidents.
Schools are also required to provide food, safety, transportation, and a safe environment. They can be found negligent if they do not follow the acceptable standards of care and children are injured because of their failure. Examples of negligent supervision accidents include school bus accidents involving negligent drivers, playground injuries caused by inadequate supervision, food poisoning due to improper food storage or prep, and slip and falls caused by improperly maintained structures.
Negligent supervision lawsuits can also be brought against other adults responsible for the guardianship of children, even in temporary situations.
Bystander Theory
Children can get seriously injured or killed in accidents caused by other people’s negligence. Parents can recover for the pain, suffering, and emotional distress as a bystander. The bystander theory only applies if parents watched contemporaneously as their children were injured, not if they arrived at the scene as the children were going to receive medical care.
Parents of children who have been injured because of the negligence of others may have viable personal injury claims. It is crucial for them to assess the circumstances to determine the legally responsible parties.