Banning Child Injury Lawyer
Coping with your child’s serious injury can be a difficult process and imposes a great financial burden on you and your family. While a child’s youth and inexperience can sometimes contribute to an incident causing injury, it is also possible for others to have fault through their negligence and misconduct. A Banning child injury lawyer could help identify parties with potential fault and recover compensation that could lessen the financial impact on your family. Our personal injury attorneys are ready to be your legal advocate.
Possible Causes of Child Injury
Many different circumstances, events, and actions can contribute to the cause of a child’s injury. Among these factors are the following common examples of situations that could be a source of child injury:
- Car accidents
- Dog bites and other interactions with inherently dangerous animals
- Slip and fall and other forms of premises liability
- Medical malpractice
- The use of a defective toy or product
- Neglect and lack of supervision from teachers, coaches, and other caretakers
- Bullying, assault, and other forms of criminal behavior
A child’s injury from another person or their property can involve a variety of legal issues and claims depending on the facts of the case. However, most civil claims will arise through the negligent, willful, or intentional misconduct of another. An attorney in Banning could review a child injury case to determine the cause and best legal option.
Parties That Could Have Liability for a Child’s Injury
The parties with potential liability for the injury to a child will also depend on the unique circumstances leading up to the incident. However, most claims will depend on the ability to prove another’s negligence was a cause of the injury. This generally requires the following to be true as stated in jury instruction CACI No. 401:
- The party had a duty of care to the injured child
- The party breached their duty through their actions
- Those actions were the cause of the child’s injury
- The child has compensable damages from their injury.
Depending on the facts, those with liability could involve one or more groups and could include a combination of individuals, businesses, nonprofits, government agencies, and other organizations. For example, liability in a medical malpractice claim could belong to the child’s doctor in addition to the healthcare facility where the malpractice occurred. A lawyer in Banning could determine all liable parties for a child injury claim.
Does the State Have an Attractive Nuisance Law for Landowners?
Another party that could be at fault for a child’s injury is the landowner or person responsible for the property where the injury took place. Some states impose special liability on landowners that have an attractive nuisance, such as a swimming pool, which poses an increased likelihood of injury from a trespassing child. California has not recognized injury claims for children from an attractive nuisance since 1970 following the Court’s decision in Beard v. Atchison. Instead, a general duty of ordinary care applies and requires landowners to maintain their property in a reasonably safe condition.
What Is the Time Limit for Filing a Child Injury Lawsuit?
California Civil Code § 335.1 imposes a two-year time limit for filing claims of injury from the wrongful act or negligence of another party. This two-year deadline usually begins on the date of the incident causing injury but could also begin on the date you knew or should have known about the injury to your child. Missing the filing deadline can cause the dismissal of your claim and prevent you from seeking compensation through the California court system. A child injury attorney in Banning could ensure a case follows all procedural regulations.
Meet with a Banning Child Injury Attorney
The cause of your child’s injury and the existence of third-party liability under state law could be difficult to navigate without the help of an experienced Banner child injury lawyer. A case review with our firm could assist with evaluating the potential fault of others and the amount of compensable damages available based on your child’s injury. Contact us to learn more about your legal options.