Getting hurt is part of growing up for most children. Parents can expect that their children will acquire the occasional bruise, black eye, or even broken bone.
A child’s lack of coordination, inability to assess risk, and poor impulse control are behind many injuries. But sometimes, someone else’s failure to take reasonable care or provide appropriate supervision causes harm to the child.
You could hold a negligent party responsible for your child’s injury. Explore your legal options with a Tucson child injury lawyer from Phillips Law Group today.
Understanding Negligence in Cases Involving Children
When someone fails to be as cautious as a reasonable person would have been in similar circumstances, they are negligent. The law allows an injured person to claim compensation from anyone whose negligence causes them harm.
Anyone responsible for the well-being of children is subject to a heightened standard of care. Although most people are expected to take appropriate precautions to keep themselves safe, children do not have the means or the brain development to be responsible for themselves. The younger the child, the more responsibility falls to their caregivers to keep them safe.
For example, when a child is at daycare, a public swimming pool, or participating in a youth sports league, the person, business, organization, or local government in charge is responsible for the child’s safety. A Tucson injury attorney could review an accident, identify the parties whose negligence might have contributed to the child’s injury, and hold them legally and financially accountable.
How Negligence Can Cause Injuries to Children
Vehicle accidents are among the most common ways children get injured. When another driver’s careless or reckless conduct causes an injury to a child, they are liable to pay compensation. The manufacturers of the vehicles or any safety equipment that failed — such as a seat belt or car seat — might also be liable.
Children often get hurt at daycare, school, or afterschool programs, too. The parties who run and supervise those programs are responsible for ensuring the children are not harmed by dangerous conditions at the site. They also must respond appropriately to protect children from bullying by other children, abuse or exploitation by adults, and other dangerous events.
Companies that produce items or materials that children might use must meet a high standard of care. Children tend to put things in their mouths, smear substances on their clothes and bodies, and play rough with toys and other items. Manufacturers of these items must ensure that a child’s normal use will not cause choking, poisoning, or other injuries, or create a fire hazard.
Regardless of the scenario, a Tucson child injury attorney can perform due diligence to determine who is at fault and collect the evidence needed to establish their liability.
Understand the Time Frame to Pursue a Child Injury Case
Arizona Revised Statutes § 12-542 allows an adult two years from the date of their injury to file a lawsuit against a negligent party. When the injured person was a minor when the accident occurred, the two-year clock begins on their 18th birthday.
However, waiting to sue is rarely the best strategy. Important evidence might erode or get lost, and witnesses might forget, move away, or die. A parent or guardian can sue on behalf of their minor child within two years of the injury and doing so typically results in a more robust case.
Claims Against the Government
Government agencies often bear responsibility for child injuries. Examples include accidents that happen at a public school or a municipal recreation facility like a pool or park, school bus accidents, and injuries resulting from public fireworks displays. When the state or a local government has potential responsibility for an injury to a child, contact a Tucson attorney immediately. The law allows an injured person only six months to notify a government agency of a potential claim, and only one year to file a lawsuit. Unfortunately, missing those deadlines defeats a claim for compensation.
Discovery Rule
Sometimes an injury is not apparent immediately but develops over time. Exposure to hazardous substances might not cause illness right away, but symptoms might develop years later. In cases where an injury did not manifest immediately, a person has two years from the date they discovered the injury to bring a lawsuit.
Get Justice for Your Child With a Tucson Attorney
When your child suffers a serious injury due to someone else’s carelessness or recklessness, they have a legal right to compensation. Consider contacting a Tucson child injury lawyer to learn how to hold the wrongdoer accountable.
At Phillips Law Group, we have been representing children and parents in our community for over 30 years. Call today to learn more about how we can put our decades of knowledge to work for you! Consultations are free and you are under no obligation to work with us after your initial visit. Contact us to find out more and to speak to a member of our experienced team of attorneys today.
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