Injuries to children happen. After all, children are very active and prone to make mistakes that an adult would naturally know better not to do. However, when your child gets injured at another person's home, you are left with questions and medical expenses, not to mention the discomfort of wondering if you can let your child go to that person's house again.
Can you sue for negligence when your child is injured at another person's home? You want to be compensated for loss of work, medical bills, and other expenses related to your child's injury, but you don't know if you have a case. Use this guide, along with the expertise of a negligence attorney, to assist you.
The nature of your child's injury
The nature of your child's injury will largely determine if you have a negligence case to file or not. For example, if your child was bitten by another person's dog, the other person may be held liable for the actions of their animal. If your child was injured on a piece of equipment that is not meant for children, such as a lawn mower or an ATV, you may have a case.
The preventative actions of the other person
Was all lawn equipment put away and locked up so children can't get in without force? Did an adult monitor the trampoline with rules for safety? Was the family dog in a kennel, on a leash, or placed on a chain where children could not get to it?
In order to have a negligence case that will succeed, the pressure is put on you to prove that the homeowner where your child was hurt did not take all the measures necessary to keep your child from harm. For example, if your child simply tripped on a sidewalk and got hurt but was warned by the other party not to run or to play safe, you may have a difficult time proving negligence.
The cause of the injury
Finally, how your child got hurt matters in a negligence case. Did your child break the rules to get hurt as a result? Or did your child get injured through no fault of their own? This is something you will have to prove with a skilled lawyer who has experience in negligence cases. Make a strong list of how your child got injured, along with any witness reports, and take this information to your negligence attorney to find out if you have a strong case.