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Child Injury Accidents

Nothing is more terrifying that learning your child has been hurt. All you can think about is getting your child to a safe place and ensuring that he or she gets the necessary help. Only once you know your child’s condition can you consider anything else, such as where your child was when they were hurt and who may be responsible. If you believe there was an accident caused by someone else, or the reason for your child’s injuries are another party’s fault, contact a San Francisco child injury lawyer from Willoughby Brod, LLP today. They will thoroughly review your child’s situation to determine who may have been at fault for the accident, and ultimately, who may be liable for compensating you and your child for your injuries.

Contact Willoughby Brod, LLP online or call (800) 427-7020 to schedule a free case evaluation.

Common Causes of Child Injury Accidents

Children commonly suffer injuries due to:

  • Vehicle accidents, including car, bus, and bicycle accidents
  • Product liability, such as defective and dangerous products, poisonings, choking, and suffocation
  • Premises liability, such as dog attacks, swimming pool accidents, drownings, playground accidents, slip and falls, and falling from heights

Sometimes children simply get hurt by accident. They play and roughhouse. Falling off their bike may lead to scrapes and scars. Falling out of a tree can cause a broken arm. Yet other types of accidents can lead to serious injuries. These accidents may have long-term implications for your child’s life and they may not have been bad luck. Serious accidents may arise because of another person’s carelessness or recklessness.

If you believe another person or business is at fault for your child’s accident and injuries, call a child injury lawyer in San Francisco right away.

When Someone Else May be Responsible for Your Child’s Injuries

It can be difficult to tell who is at fault for your child’s accident and injuries. If your child and his or her friends were horsing around, no one may be at fault. However, children are often hurt because someone who is in charge is negligent.

If your child was in a vehicle or bike accident, talk with an attorney about who may be at fault. You may be able to make a claim for compensation against an at-fault driver’s insurance policy.

When a product causes your child harm, the manufacturer or retailer may be liable. Product liability claims are based on whether the product was defective in some way and whether the manufacturer was negligent, strictly liable, or breached a warranty in regard to the product. These types of cases can be complicated and hard to prove. Speak with a child injury attorney in San Francisco about whether you and your family have a valid defective product claim. You may not be the only one. In fact, you could be part of a mass tort or class action lawsuit.

If your child was injured at daycare, it is essential that you hire a lawyer to look into what occurred. Daycare providers are responsible for taking care of your young child, including making sure that he or she is always supervised and in a safe environment. If your child was injured while at school, whether in class or recess, the injury may be the result of inadequate supervision and the school or district may be liable.

Your child may also have been playing outside on someone else’s land. In this situation, a defect on the land may make the landowner liable for your child’s injuries.

The Attractive Nuisance Doctrine in California

The attractive nuisance doctrine is an exception to premises liability law in most states. Ordinarily, landowners do not owe a duty of care to people who trespass on their land. However, the rules are different for children in other states. The attractive nuisance doctrine states that landowners should be aware that certain conditions on their property may be attractive to children, such as pools, ponds, creeks, holes in the ground, caves, old vehicles, and abandoned equipment. When a landowner has an attractive nuisance on their property, they may be responsible for taking extra care to protect potential trespassing children from harm.

California does not adhere to the traditional notions of premises liability, which differentiates between trespassers and guests, and the attractive nuisance doctrine. Instead, under California law, a property owner can be responsible for injuries caused to anyone on their land due to negligent acts or dangerous conditions.

When your child was hurt on another person’s land, whether they were trespassing or whether the incident involved an attractive nuisance may be reviewed and discussed by the court. However, the focus will remain on whether the landowner failed to take reasonable measures to make their property safe.

Call a San Francisco Child Injury Attorney for Help

When your child gets hurt and you believe another person or business is responsible, the best thing you can do for your family is to speak with an attorney. An experienced child injury lawyer will review your case and advise you of your rights and legal options, including a possible personal injury, defective product, or premises liability claim.

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