Birmingham Child Injury Attorney
Representing Cases of Serious Child Injuries
After a child has been injured and received the medical attention they need for their injury, it's natural for parents to want to hold the liable parties responsible. While compensation might not ease the heartache of having an injured child, it can help with medical bills, income lost while you're caring for the injured child, and other expenses associated with the injury. Who that responsible party is however, often depends on the type of injury the child sustained, and the physical location of where it actually happened.
Auto Accidents Involving Children
Car accidents are one of the leading causes of death and injury to small children. A number of injuries can be sustained during a car crash, including broken bones, brain injuries, contusions, burns, and abrasions, to name just a few. If the car the child was in was struck by another vehicle, it may be obvious at first that the other driver is at fault. However, there are a number of other things that can go wrong in a car accident, including restraints not holding a child in their seat, and defective car seats and infant carriers causing further injury. In order to determine exactly who is responsible for the injuries, you'll need to speak to a qualified child injury attorney, such as Eric here at Guster Law Firm, LLC.
Defective Child Products
In addition to car seats and seatbelts, there are a number of defective products for children on the market. And unfortunately, even when there have been recalls on products, they still remain on shelves, eventually ending up in the hands of a child. Defective toys can be especially dangerous, as they can pose a number of problems to children, especially those that are very young. Poor design, manufacturing flaws, or inadequate warnings can all lead to a defective product that can cause a number of injuries including choking on small parts, cutting themselves on sharp edges, or being burned by using something made of flammable material. Cribs and toddler beds also possess their own unique dangers and hazards that can cause injury to a child.
The party responsible for child injury claims due to a defective product can range from the creators of the product to the manufacturing plant to the actual retail location that sold the product. Because these toys and other products are often handled by a long line of people before they actually reach the consumer, determining fault in these cases isn't always so obvious.
School & Day Care Injuries
Parents need to feel that their child is safe when they're away from them during the day, from the time they're young to the time they're in their late teens. It's for this reason that schools and daycares perform such rigorous background and history checks before they hire any of their staff; and why daycares are required to meet licensing requirements. Unfortunately, sometimes accidents still happen, and often it's due to negligence on behalf of the daycare worker or workers. Negligence can result in a number of injuries, as children can fall and break bones, burn themselves on a hot stove, or get into dangerous material. In addition to negligence, children can also become injured at school or daycare due to abuse or staff breaking the safety regulations. In these cases, it's typically fairly obvious as to who's to blame.
School Injuries: When Is the School At Fault?
Our schools are required to provide a safe place for the students. This means that the school should take steps in preventing bullying, maintaining the physical safety of the structure of the school and outdoor areas, and securing the school from people entering without permission. In nearly all cases where kids are hurt at school, it comes down to a question of negligence. Did the school fail to uphold its pledge to provide a safe place for the kids?
Here are some examples of when the school may be responsible for child injury:
- Evacuation plans were deficient or alarms did not perform properly in an emergency
- Bullying was known to be taking place, but the teachers and staff did nothing about it
- A vehicle strikes a child who was playing outdoors, but the area was not properly secured and/or a teacher or administrator was not adequately supervising the situation
- A child needing medication did not receive it properly
- Damaged stairs or walls were not cordoned off, or the school knew of the damage and did nothing about it
- Negligence on the part of the cafeteria personnel led to food being spoiled and then being served to the students
- The school bus was involved in an accident, or the bus struck the child while entering or exiting
- A person entered school grounds without being identified and monitored by school staff
If your child is injured at school, it is important to get medical attention as soon as possible. Always follow your doctor’s advice and complete the treatment. But you should also contact legal assistance immediately. Lawsuits against schools are tricky, and having a lawyer with you at each step of the way is a great help in the long run. You may receive compensation for your child’s injury and expert legal advice is critical throughout the process.
Other times, however, fault might not be so clear-cut. Schools and daycares are also required to provide a safe environment for the children in their care, including both inside and out. If a child gets hurt on the playground, or slips in the hallway, a number of people may to be blame, from the custodian to the superintendent of the school board. These can be tricky cases, in which you definitely need an experienced Birmingham child injury attorney.
While our first instinct as parents is to find who's responsible for our child's injury and make them pay, unfortunately, it's not always that easy. In most cases, there are a number of people who might be to blame, and without a qualified attorney by your side, it becomes much more difficult to find those responsible parties. Don't try to do it alone. Fill out our online form for a free consult, or call us toll-free at (205) 581-9777.
“Eric Guster and his team are some of the best attorneys in Birmingham. Mr. Guster and his team are knowledgeable, caring, and respected by other lawyers and the courts.”- Falen C.