Receiving a phone call informing you of children injured when playing at the home of somebody else is very frightening. Such calls aren’t unusual though. As per the U.S. Centers for Disease Control and Prevention, 9.2 million children ranging from newborns to age 19 visit emergency rooms every year. About 12,000 of those children suffer fatal injuries. Some of those injuries are more serious than minor. That’s when immediate medical attention at an emergency room should be sought. After that, if the accident occurred in California, the child’s parents should contact us and ask for a consultation with our experienced, effective, and compassionate children’s personal injury lawyer at Maison Law. There is no charge for the consultation. That’s because you might be eligible to pursue a claim or lawsuit for injuries and damages for you and your child.
The Law of Premises Liability Controls
Pursuant to applicable California law, the owner or occupier of premises may be liable for the injuries and damages suffered as a result of his or her negligent act or failure to act. Owners and occupiers include both homeowners and renters. They both have a legal duty to keep the premises that they occupy reasonably safe from hazards that your child might encounter while maintaining supervision that’s appropriate for your child’s age. Proving negligence, under those circumstances, might sound easy, but it gets complicated early.
The Elements to Prove
To prove negligence in a premises liability case, proof of certain elements is necessary. If you fail to prove any one of the elements, the entire case falls. Here’s what to prove:
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That the homeowner or renter had a duty to provide safe premises for your child.
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There was a breach of that duty.
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That breach of duty caused the accident to occur.
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The accident was the proximate cause of your child’s injuries.
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You and your child suffered legally recognized damages.
When Liability is Cloudy
No matter how carefully the other family might be monitoring the children, an accident can still happen. That’s when the issue of comparative negligence might figure into the liability equation. That calls for a determination of whether some of the liability for the accident was because of your child. If a jury decides that your child was partially responsible for the accident, some of the liability will be owing to him or her. That means you will only be able to collect a percentage of the damages awarded in the case. For example, say you received an award of $100,000, but the courts determine your child to be 40% at fault for the accident, the award reduces to $60,000.
You must consider any comparative negligence your child may be responsible for in any settlement negotiations.
Damages
If your child’s case shows negligence, here are some of the damages that California law allows you to seek on their behalf:
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Costs of present and future medical and hospital bills.
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Costs of any ongoing or future rehab or therapy.Compensation for any permanent disability or disfigurement.
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Compensation for pain and suffering.
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Out-of-pocket expenses.
Contact a Child Personal Injury Lawyer Today
Our children’s personal injury lawyer at Maison Law is a parent himself. He’s well-aware of how both children and their parents can suffer after the child becomes the victim of a significant injury. If your family is affected by children injured when playing at the home of somebody else anywhere in California, contact us for that free consultation and case review. You can tell us about what happened to your child and how it has affected him or her and you and your family. We’ll answer your questions, and then, we’ll be in a position to tell you the legal options that are available to you. Your child’s best interests and future will constantly be at the forefront of our efforts.
