Rockaway Beach Child Injury Lawyer
From the moment they are born, children are at risk of experiencing injuries. Like adults, children are commonly hurt in car accidents and backyard swimming pool mishaps. Recently, the number of children killed by firearms surpassed car wrecks. Almost always, an adult is responsible, either directly or indirectly, for any physical harm that comes to a child.
Adult caregivers are supposed to watch out for children, and adults who fail in this duty can indirectly cause catastrophic harm to everyone involved. If others caring for your child act negligently, resulting in your child being harmed or killed, a Rockaway Beach child injury lawyer could help you identify who may responsible for compensating your family. Call our personal injury team for legal support.
The Caregiver’s Duty
Caregivers include anyone overseeing children in any situation. Children are not capable of understanding danger and often take unsafe risks.
Caregivers, including family members, are expected to act responsibly, as a hypothetical reasonable person would, in their duty to safeguard children. If someone falls below this threshold and children are injured because of it, that person may be found negligent. Some common types of caregivers involved in child injury cases include:
- School personnel, such as teachers, coaches, daycare, and nursery school workers
- Nannies and babysitters
- Lifeguards and swim instructors
- Pastors and youth ministers
A child’s family can also file a wrongful death action if a child dies due to another’s actions or inactions, for instance, if a lifeguard fails to save a drowning young person. Contact a Rockaway Beach attorney to discuss what options are available to pursue justice over a child’s injuries.
Medical Malpractice and Children
Medical malpractice is based on the same theory of negligence as any other personal injury; someone, in this case, a medical professional, performs below an acceptable standard, causing harm to another person. Child injuries from medical negligence can occur as early as the birth process. A physician can fail to diagnose oxygen deprivation or that a baby is in distress and the mother requires a Caesarian section. Forceps and vacuums can also be misused. Babies harmed at birth suffer from brain and body damage, cerebral palsy, and cognitive impairment. A Rockaway Beach lawyer could explain the particular statutes governing child injury claims involving medical malpractice.
The Attractive Nuisance Doctrine
Even if children are trespassing, under New York’s Attractive Nuisance Doctrine, property owners must be vigilant when something dangerous on the property entices children to enter. Property owners are expected to install safety measures for artificial dangers, such as erecting fences and locked gates around yards with swimming pools, hot tubs, or trampolines. Our Rockaway Beach attorneys recognize the myriad of ways children can be injured and could work diligently to get a family compensated.
A Rockaway Beach Child Injury Attorney Is Ready to Help
Children are natural risk-takers, but because they are smaller with more delicate bones than adults, children are also vulnerable to experiencing severe injuries. The situation is especially heart-wrenching when these injuries are caused by an adult’s reckless or negligent actions.
If your child is injured at birth, while in someone’s care, or because of a dangerous condition on someone’s property, your family may be eligible for compensation for medical care, future lost wages, emotional problems, disfigurement, and other losses. Contact our Rockaway Beach child injury lawyer today to schedule a consultation.