Child Injury Liability Guide

Adults have a responsibility to ensure the safety of the children in their care. Legal guardians aim to protect young ones from any harm, but accidents still occur. According to the CDC, unintentional injuries are the leading cause of death for children and young adults in the United States. In some cases, the negligence of others may be the cause of a child’s injury. It is especially important in these scenarios to discern who is liable for the accident so that compensation may be received. With the upcoming guide detailing child injury liability situations, Pulvers, Pulvers & Thompson, L.L.P. hopes to inform readers about the topic and encourage action. 

Injury At School

When a legal guardian sends their child to school, they are entrusting teachers, supervisors, and other school adults with that child’s safety. When those in charge do not fulfill their protective duties, the school can be held liable. There are numerous kinds of injuries a student can sustain that could entail a liability, such as sports injuries, school bus accidents, playground injuries, food poisoning, and bullying. For instance, if school staff fail to remove snow or ice from pathways, a parent of a child who slips and gets injured is possibly able to sue the school. According to New York State Law, administrators are required to intervene when a student is being bullied or a physical altercation erupts. If the adults present fail to do so, a parent may hold the school liable if their child suffers injuries. 

Daycare Injury

All daycare center staff have the responsibility of protecting every child in their temporary custody. Certain injuries like bumps or scrapes can result from kids participating in playful activity and are not a sign of carelessness on behalf of the faculty members. However, more serious injuries sustained by a child can suggest evidence of abuse or negligence. Injuries such as concussions, dislocations, or burn injuries point to the daycare being the liable party. In this scenario, as much information should be gathered from the child about the events leading up to the injury as well as who was present at the time of its occurrence. Taking this evidence and contacting a personal injury attorney will allow the parent to begin building a lawsuit. 

Child Bitten By Dog

New York State has policies in place such as leash laws to restrain pet dogs, but bite accidents involving children still occur at a high frequency. The dog owner is liable for any injuries caused by their pet if they were negligent in restraining the animal or knew or should have known that their pet was dangerous. For instance, if the owner violates local leash laws or is aware of their pet’s history of violence, they are responsible for covering the child’s medical bills. In the case that a dog is considered dangerous, the injured child is entitled to additional damages, including emotional distress, disability, and disfigurement. 

Defective Toys

In 2022, according to the Consumer Product Safety Commission (CPSC), there were 159,500 emergency department-treated toy-related injuries for kids 14 and younger. These incidents involve toys like balloons, stuffed animals, bouncy balls, and magnets. In the event that a child is put in serious danger due to a defective model, the toy manufacturers and distributors can be held liable. There are three types of defective toy liability cases. First, a design defect case involves a poorly designed toy that does not function as expected. Second, a manufacturing defect case involves a poorly assembled toy that can be dangerous even if the design itself is not. Lastly, a failure to warn case relates to toys that become defective due to a failure to have a warning or label on it signaling a possible danger of the product.

Reach Out to Pulvers, Pulvers & Thompson, L.L.P. 

No matter the circumstance of the case, a personal injury attorney should be contacted as soon as possible. They possess extensive knowledge of liability cases and injury claims involving children. Additionally, the process of building a lawsuit requires guidance and expert consultation. The attorneys at Pulvers, Pulvers & Thompson, L.L.P. are well-equipped to handle any of your personal injury legal needs. Contact us today at 212-355-8000.