As New York child injury lawyers, we work on some of the most harrowing personal injury cases there are. Once you have children, they become the most important thing in your life. Even the thought of someone else’s carelessness or malice causing your little ones an injury, or worse, is likely too much to bear.
If you do find yourself in this unenviable position, you should know that the law is there to protect you and give you a means of pursuing justice. You can seek compensation from the negligent parties who have harmed your child, addressing your financial worries and hopefully ensuring that the person or entity at fault doesn’t cause harm to someone else’s kids in the future.
How a Child Injury Attorney in New York Can Help You
When the most important person in your world, your child, has suffered an injury, legal proceedings are likely the last thing on your mind. Unfortunately, though, you need to consider them sooner rather than later, as filing a lawsuit may be the only way to cover your bills.
At Tucker Injury Lawyers, we’ll worry about the legal intricacies of this process so that you don’t have to. As our case results and testimonials show, we deliver for clients in every way: at the consultation stage, during negotiations, and in the courtroom. Additionally, we understand how stressful child injuries are, and we’ll be there to support you through every step of the process.
The modern world is a dangerous place for children in many different ways, and our lawyers have dealt with various different types of child injury cases.
Birth Injuries
Many of the medical malpractice cases we deal with at Tucker Lawyers relate to birth injuries. Babies can suffer anything from mild to extremely grave injury, or even death, during the birthing process. Common birth injuries include head and brain injuries, facial paralysis, and paralysis or other injuries to the baby’s arms or hands. Infant injuries may occur as a result of:
- A doctor or nurse’s failure to respond to fetal distress, excessive bleeding, or umbilical cord complications
- Unobserved issues related to the size of the baby or its position in the womb
- The failure to order a C-section in a timely fashion
- Inadequate post-natal care.
School or Daycare Negligence
If your child suffers harm while under the care of a teacher or daycare worker, this is known as caretaker negligence. This can occur in a variety of ways, including:
- A failure to properly monitor your child
- A failure to adequately mediate disputes between children or interject where there are clear signs of bullying
- Physical punishment
- Overly stern verbal punishment. If your child’s teacher is giving spoken reprimands in such a way that children are experiencing extreme distress, this may amount to negligence.
Some of the obvious physical signs of possible daycare or preschool neglect or abuse include bruises, broken bones, abrasions or burns.
However, the signs aren’t always so clear; you should also keep an eye out for behavioral changes if you think something is wrong. Your normally quiet and happy child could start to lash out, become sullen and withdrawn, or begin to actively resist going to school or daycare.
Defective Products
If you purchase a product that causes your child an injury, you may be entitled to compensation from the company in charge of manufacturing or distributing the product.
Toys
Broken toys are a common cause of child injury. Of course, a broken toy doesn’t automatically imply negligence; toys break all the time, usually because kids are hard on them. However, if a broken toy causes your child a serious injury and your lawyer can show that the product was defective, you should be entitled to compensation.
Toys that commonly cause child injuries include:
- Rocking horses
- Balloons
- Toys with batteries or small parts that pose a choking hazard
- Toys with electrical cords or sharp or jagged edges.
According to the US Consumer Product Safety Commission, over 200,000 toy-related injuries resulted in a trip to the emergency department for American kids in 2021.
Other Products
Many injuries to small children can also be attributed to defective car restraint devices or confusing instructions that accompany these restraints. We’ve also dealt with cases in which defective walkers and cribs have injured and killed small children.
Slips and Falls
If your child suffers an injury after falling on someone else’s property, the property owner may be legally responsible. The nature of the property and your child’s reason for being on it have a large bearing on the outcomes of cases like these.
When a property owner or renter knows that children are on their premises, they generally owe the kids a greater duty of care than they owe adults, especially if the children are legal invitees or social guests. An even greater duty typically applies in cases where children slip or fall on the premises of a business, such as a shopping mall or a private swimming pool.
A lesser duty may be owed to a child who trespasses on someone’s property. However, the rules are different for children in this respect than they are for adults, as the law holds that children generally do not intend to cause any harm when they trespass on the property of others.
Regardless of whether the child does or does not belong there, the person in charge of a property must warn children of any dangers they know about.
Playground and Swimming Pool Accidents
Facilities in which children play, exercise, and socialize must be maintained properly and meet specific safety standards. If a child is injured because of poorly maintained equipment, unsafe design, or (depending on the nature of the facility) lack of supervision, the facility owner or operator, or the local authority in charge of it, could face a lawsuit.
In the case of swimming pools, there’s also the risk of drowning or near-drowning accidents. A failure to provide lifeguards, improper fencing, or a lack of safety equipment might be grounds for legal action.
Dog Attacks
Dog owners are generally responsible for the actions of their pets. If a child is bitten or attacked by a dog, the owner could be held liable for the injuries, especially if the dog had shown previous signs of aggression or if the owner violated local leash laws or other regulations.
What Is Mandatory Reporting?
Mandatory reporting laws require people in certain positions to report suspicions of child abuse or neglect. In New York, the types of professionals affected by these rules include:
- Teachers
- Physicians
- Nurses
- Social workers
- Summer camp directors
- Police officers.
Individuals who make reports in good faith typically receive legal protection. This means they cannot be sued or face professional repercussions for making a report, even if their suspicions turn out to be unfounded.
Professionals who fail to report suspected abuse or neglect when they have a legal duty to do so may face criminal penalties, civil lawsuits, and professional disciplinary action.
Wrongful Death Lawsuits Arising From Child Injuries
If you’ve lost a child due to someone else’s negligence, you should be entitled to various types of damages. In order to pursue them, you’ll likely have to pursue a wrongful death lawsuit.
It’s important to note that parents and other family members cannot file wrongful death suits directly in the state of New York; only the personal representative of the child’s estate can do so. Of course, parents can benefit from any damages awarded from a suit.
Recoverable damages may include medical, funeral, and burial expenses, as well as compensation for any conscious pain and suffering endured by the child before death. However, you should note that the law in New York does not allow for damages to compensate for pain and suffering on the part of surviving parents in this situation.
Frequently Asked Questions (FAQs)
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Will my child need to testify if I file a lawsuit on their behalf?
Parents generally prefer to avoid involving their children too much in cases like these, as they can be quite stressful for young people. However, it may be advisable for your child to testify, depending on the circumstances. It may be possible to use a deposition or video testimony to make the process less intimidating for the child. Relevant factors here include the child’s age, their emotional state, and the nature of the case.
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Is my child’s school liable if my child is the victim of bullying?
In New York, schools have a duty to provide a safe environment for students. If the school was aware, or reasonably should have been aware, of ongoing bullying and did not take appropriate steps to address or prevent it, they might be held liable for any resulting harm. The Dignity for All Students Act (DASA) in New York specifically prohibits bullying, harassment, and discrimination in schools, and failure to adhere to its requirements may amount to negligence on the part of the school.
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How does New York’s comparative negligence rule apply to child injury cases?
New York operates under a “pure comparative negligence” system. This means that if a child is found to be partially at fault for their injury, the compensation they receive can be reduced based on their percentage of fault. For example, if a child is determined to be 20% responsible for an accident, any awarded damages would be reduced by 20%. However, unlike adults, children are often held to different standards of care based on their age and developmental level. Therefore, what may be considered negligent for an adult might not lead to the same finding in the case of a child, especially a very young child.
New York Child Injury Lawyers Who Will Fight for Justice on Behalf of Your Family
If another person’s negligence has resulted in serious harm to your child, you need to work with an experienced, compassionate personal injury attorney who will do everything possible to uphold your family’s rights. Contact our New York child injury lawyers with Tucker Lawyers PC for a free, no-obligation, consultation. You won’t have to pay anything unless we succeed in winning damages for you.
You can reach us over the phone at (516) 399-2364 or you can contact us via the online contact form on our website.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]