Knowing Who to Sue in a Child Injury Case

policeman questioning little kid hospital

If your child suffered severe injuries because of someone else’s carelessness, knowing who to sue in a child injury case is essential. The liable party may be a property owner, driver, or someone else who owed your child a basic duty of care. Through some form of negligence, this party would have breached their duty of care.

As with most personal injury cases, you will need evidence to link the party’s negligence to your child’s injuries.

Potentially Liable Parties for Your Child’s Injury

The following accidents can arise from negligence. Depending on how your child got hurt, various parties may bear liability.

A Driver

An at-fault driver may be liable for the injuries your child suffered. Whether your child was walking, riding a bicycle, or riding as a passenger in a car at the time of the collision, you can sue the driver who caused the accident.

Their School or Related Entity

A child can get hurt at school when going down the stairs, walking in the halls, using the sidewalks and entries, or in the classroom by a slip and fall or trip and fall accident or some other hazardous condition on the premises. The school could be responsible for negligent maintenance of the property as well as for other types of injuries, like food poisoning in the cafeteria or exposure to dangerous chemicals when in the laboratory.

If a child gets hurt when riding the school bus, the bus driver, transportation company, or the school could be liable. If another driver caused the collision, you might be able to file an injury claim or lawsuit against that party.

A Dog Owner

If someone else’s dog attacked and injured your child, you might be able to sue the dog’s owner for the damages. Indiana law can impose strict liability on a dog owner when a child gets harmed by a dog or another animal.

A Coach or Related Personnel

Many children engage in sports activities through school, clubs, or other organizations. A child can get injured due to:

The carelessness of the coach or trainer who was inattentive or distracted
The recklessness of the adult responsible for the activity who disregarded safety measures
Lack of proper safety equipment for the children
Failure of the professional to get medical attention for a child or have an injured child removed from a game or practice
Lack of creating or following appropriate safety and health protocols by the school administrator or school system.

Depending on the cause of the injury, the negligent party could be named in a lawsuit.

Owner of a Swimming Pool

When a child gets a severe injury at someone else’s swimming pool, you might be able to take legal action against the careless party. The failure to keep the pool chemicals in proper balance could cause an outbreak of a water-borne illness or expose children to harm from dangerous chemicals.

If a pool lacks appropriate supervision, a child could drown or experience a near-drowning that could cause permanent impairment from the lack of oxygen to the brain and vital organs. A child could become paralyzed from a spinal cord injury or experience brain damage from head trauma from a diving accident or from slipping on a slick surface near the pool.

A Property Owner

Swimming pools are not the only way that a child could get hurt on someone else’s property. If your child suffered a significant injury because of a hazardous condition on the premises, you might be able to sue the property owner for the consequences of his negligence.

For example, having a trampoline in one’s yard with no safety equipment around it and no physical barrier like a fence could be an attractive nuisance for a young child who could walk right up to the trampoline and suffer a spinal cord injury, head trauma, or another injury. The homeowner could be held responsible in this situation.

A Manufacturer

Sometimes, a company makes a product that creates an unreasonable risk of harm when used as intended. Cribs that collapsed or had the railing at intervals that could trap a child’s head between the rails, car seats that failed to protect children in the event of a car crash, and toys that broke into dangerous pieces when a child played with them are just a few examples of defective products that could harm a child.

The rules that apply to lawsuits for harm from defective products are challenging. These lawsuits are sophisticated and often require the use of expert witnesses like engineers. A child injury attorney can help you on any personal injury claim or lawsuit that involves harm to a minor.

For a free legal consultation, call 317-636-7777

Damages in Child Personal Injury Claims

After we establish the legal liability of the defendant, we can pursue damages for the harm they caused to your child, including things like medical bills, physical disfigurement, and disabilities that resulted from the injury.

You might be able to get compensation for pain and suffering in addition to getting the current and future medical bills paid, as well.