In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf.
It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself:
- Did your child simply fall, or did he slip on ice or snow that property owners neglected to clear? Property owners must make every effort to ensure that snow and ice are cleared for pedestrian traffic and may be liable for not doing so.
- Did your child get injured at the pool due to unsafe conditions? Was there a lifeguard on duty who could have prevented the accident? Was the injury due to poor maintenance in the pool area as in uneven cement, missing drain covers or broken ladders?
- Did your child get injured by a product or toy that could have been defective? Did parts come off easily which your child swallowed or punctured their skin?
Many parents are hesitant about looking into a claim for their child but many times your child’s injuries are at least, in part, due to the negligence of another party. A parent should consider your child’s pain, what he has suffered, and possible repercussions that could result. Also, there are the immediate medical expenses and those incurred in the weeks or months that follow, especially if looking at surgery or therapy as well as the time from work you’ve missed as the parent taking care of your child.
If you suspect that the accident was due to negligence, it is a good idea to contact an experienced personal injury attorney who will evaluate your case and provide you with options. When you meet with your attorney, bring any information you have. If your child saw a doctor or was hospitalized, bring the medical documentation. Bring photos of the injury or accident site and the names and addresses of any witnesses. Bring an accident report, if applicable, or if the injury is due to a defective product or toy, bring that product if possible. Any and all information will help decide if you have a case and how to move forward.
A child, like an adult, has the same reasonable expectation of not getting hurt or seriously injured due to someone else negligence. If your child has been injured, seek the advice of a seasoned attorney in the field of personal injury to assure that your child’s best interests and rights are properly protected.
