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What You Should Know When Your Child Is Injured On Someone's Property

When your child is injured on someone else's property, the property owner may be responsible. A personal injury case can get your child a settlement to help you pay for medical bills and other expenses. If your child has been injured on someone's property, check out these five important facts to help you determine your next course of action.

The Property Owner Has Responsibilities to Keep Kids Safe

Property owners have a responsibility to remove hazards to keep guests safe. However, they have an even bigger responsibility to keep children safe when on their property because children don't think the same way as adults. An adult has the logic to know that running around an unsecured pool isn't a good idea. A child, however, may see nothing wrong with running on the wet cement until they slip, hit their head and fall into the pool. Basically, any property owner has a responsibility to properly secure or remove attractive nuisances, which include pools, fountains, machinery, wells and anything else that is potentially dangerous and might tempt children.

It Doesn't Matter if Your Child Was Trespassing

When it comes to adults, a property owner has no responsibility to keep a trespasser safe. If someone trespasses onto your property and hurts themselves on an obvious hazard, it's not your responsibility. That isn't the case with children. Obviously, this doesn't mean you can sue if your child entered someone's property and tripped on their shoelace. Instead, this ties in with the attractive nuisances theory. Just like children may see nothing wrong with playing near dangerous machinery, they may think there is nothing wrong with trespassing onto someone's property to reach it.

A Child's Negligence Is Based on Age

The difference in personal injury claims with children is all about how they think. Young children just can't spot dangers and understand the consequences the same way adults can, which means the standards for determine if they are negligent are much different than with adults. Negligence is based on how children of their age are expected to behave. For example, a three year old isn't going to understand they are trespassing onto someone's property, so they won't be held negligent. However, a 17 year old, while still a minor, should understand the consequences of trespassing.

You Can File on Behalf of Your Child

As a minor, your child can't file a personal injury claim, but you can. In some states, you may need to get a pre-approval, but you typically can file a claim to seek a settlement for your child. Your child may not have to testify, but if you live in a state where you do need pre-approval, your child may have to tell their story to a judge before the case. If you do sue and win, you'll probably get awarded money for medical expenses, and you may even get some money for pain and suffering.

You Can Even Sue for Future Income

Your child probably doesn't provide any income, so you can't typically sue for current lost income. However, you may be able to win future income for your child. If the injury is so severe that it causes lifelong disability, disfigurement, pain and suffering or mental anguish, your child may have difficulty holding a job in the future or getting a job in certain fields.

If you're child has been injured, don't waste another moment. Even if they were trespassing, they may still qualify for a settlement to help pay for medical bills and future expenses. For more information, contact an attorney or company that provides legal services in your area today.