If your child’s been injured in any type of accident, it’s important to speak to an experienced Orange County child injury lawyer as soon as possible about a claim for monetary compensation. The Crockett Law Group’s Orange County personal injury attorneys have been helping many parents of injured children collect the largest possible amounts of money to help their children get a new lease on life. Call (800) 900-9393 to schedule a free consultation with an Orange County Child Injury Lawyer. According to the Center for Disease Control (CDC,) close to 100,000 children under the age of 12 are killed in motor vehicle accidents every year. For children 1-14, unintentional injuries from accidents cause the most fatalities in that age group, including motor vehicle accidents, falls, drowning, and other types of accidental death. Most parents find injuries to their children to be more painful than sustaining their own injuries, as watching your child suffer causes extreme emotional pain. There is no way to undo what’s happened to your child, but having substantial resources to provide state-of-the-art care for your child can make a huge difference in their ability to recover fully and lead a successful life.
Table of Contents
Children Injured in Motor Vehicle Accidents
Children are injured in many types of accidents involving motor vehicles, and it is important to look beyond the claims against drivers to get the most compensation possible for injured children. These are some of the most common types of motor vehicle accidents involving children:- Passengers in motor vehicle accidents
- Pedestrians hit by motor vehicles, bikes, and scooters
- Bike and scooter riding accidents
- Go-kart and bumper car accidents
- School, camp, and daycare bus accidents
- Passengers on motorcycles and bikes
Further Reading
- What Happens When Children Need Medical Aid After a Crash?
- Average Settlement for a Child in a Car Accident
Premises Liability and Kids
The responsibility that property owners have to prevent injuries to children differs from the standard that applies to adults. Historically, property owners have a duty to use reasonable care to ensure that their premises are safe for visitors and patrons legally on their premises, and there is no duty to trespassers, except for children that might be attracted to the premises by an “attractive nuisance.” An “attractive nuisance” is something placed on the property that might entice children to enter to play such as a swing set or a climbing wall. The law now allows adult trespassers to sue for dangerous conditions on a property in some circumstances, but the duty to children is much higher. California is at the forefront of legislation to protect children, exemplified by California Senate Bill 442, a pool safety law that was passed in 2018 that puts a heavy burden on property owners to prevent children from drowning. These are some example of the safety features that are required:- An enclosure that isolates it from a private home
- Self-closing and self-latching gates
- Approved safety cover
- Exit alarms
- An alarm that will warn of unauthorized entrance
- Other approved safety methods
Negligent Supervision at School, Camp, Daycare, and Church
In a landmark case in 2012, the California Supreme Court held that claims against public entities in California for negligent hiring, supervision, and training were allowable. This makes it possible to sue public schools, public daycare facilities when children are injured due to their negligence. For example, if a child is assaulted by a bully, and the school knew or should have known that the child was in danger when in proximity to this other child, the school can be sued for negligent supervision. A similar theory can be used to make a claim for a child that’s injured after wandering away from a group, and for kids that injure themselves due to access to cleaning supplies, knives, or other sharp objects. Children that are sexually assaulted by teachers, camp counselors, or clergy members have a claim against the institution for negligent supervision, and for negligent hiring if the institution knew or should have known that the perpetrator had done this before. If your child has been injured at school, camp, daycare, or church, it’s important to speak to an Orange County child injury promptly as deadlines can be short for municipal defendants, and evidence such as surveillance camera footage is often erased on a weekly or monthly basis. Call The Crockett Law Group at (800) 900-9393 to schedule a free consultation.Amusement Parks and Theme Parks
According to the Consumer Product Safety Commission (CPSC), close to 9,000 children each year are injured at amusement parks and theme parks each year due to negligence, with the majority of accidents in the 10-14-year-old age group. The CPSC cites the following types of negligent as the most common reason for accidents that cause serious injuries and fatalities:- Mechanical Failure during a ride, such as a lap bar detaching or a car falling off a track
- Improper Operation such as suddenly stopping the ride or latching a seat belt incorrectly
- Passenger misuse such as intentionally taking off a seatbelt or standing up on a ride
- Design defect that makes the ride itself inherently dangerous such as a ride that spins so rapidly that it causes a cerebral hemorrhage