Children are injured or killed every day in the United States due to negligence, other wrongdoing, or defects in products used by children or to which children have been exposed. The negligence of teachers, coaches, school-bus drivers, daycare employees, playground supervisors and others frequently leads to injuries and deaths that could have been prevented with the exercise of reasonable care for children’s safety. Doctors and other medical professionals who make errors in children’s treatment or care and land and property owners who fail to prevent children’s access to premises with dangerous conditions may also cause children’s avoidable injuries and deaths.
If your child has sustained fatal or non-fatal injuries due to someone’s negligence or a defective product, you may be entitled to compensation for your child’s suffering through legal action. The Killino Firm’s San Francisco child-injury attorneys have extensive experience with child-injury cases, including those arising out of injuries caused by defective and dangerous toys and other children’s products, defective products intended for adult use, negligence, and medical malpractice. Contact The Killino Firm at 415-278-9278 for a cost-free evaluation of your case and additional information about your legal rights and options.
Legal Liability for Children’s Injuries and Deaths
Children’s actionable injuries and deaths may be brought about by traffic accidents, defective products, and the negligence of individuals and entities with which children come in contact.
Injuries and Deaths Caused by Defective Products
A great many children’s injuries and deaths are caused by defective and dangerous toys and other children’s products. Toys with battery compartments that easily open, for instance, may cause severe injuries or death to children who gain access to and swallow or choke on the batteries inside them. Cribs with sides that can collapse and trap children between crib sides and mattresses may lead to children’s suffocation injuries or deaths. Child car seats that inadequately protect children in crashes or that fail to unbuckle when children’s emergency removal is required have also been found causal of children’s personal injuries and wrongful deaths. In addition to children’s products, products intended for adult use may cause children’s injuries and deaths. A car with a defective steering system, for instance, may cause a traffic accident and a child’s resultant injury or death.
In such cases, those involved in the production and distribution of these products may be found strictly liable in products-liability actions for children’s injuries and deaths determined to have been caused by defects in the products’ design, manufacture, or warnings. Products-liability defendants that may be found liable in such actions without proof of negligence on the part of any of the defendants include designers, manufacturers, suppliers, assemblers, wholesalers, and retailers of defective products.
Negligently Caused Injuries and Deaths
Negligence causal of children’s injuries and deaths may occur in any number of ways. Children frequently sustain injuries in amusement parks, while in daycare, or while under the care of medical professionals, for example. A child who is injured on negligently maintained amusement-park grounds or in an accident on a negligently maintained or operated amusement-park ride or other attraction may be entitled to damages from the owner, managers, and employees of the amusement park whose negligence is found to have caused or contributed to the child’s injuries. Daycare centers that are understaffed, staffed by untrained or incompetent employees, or negligently designed and maintained have also been found to cause children’s avoidable personal injuries and wrongful deaths. Young children who are left unattended in daycare cribs or highchairs, for example, may sustain fall or other injuries that could have been prevented by daycare employees’ presence and attentive care. Children who receive inadequate care and treatment from medical professionals may also sustain serious or fatal injuries. A pediatrician’s negligent failure to diagnose a child’s illness or condition, for example, can lead to injuries that might have been avoided with timely diagnosis and appropriate treatment.
Property owners may also be found legally responsible for injuries and deaths caused to children who have come onto their land. Children frequently sustain drowning injuries in California pools, for example. Property owners who fail to erect fences to prevent children’s access to pools may, thus, be held liable for children’s fatal or non-fatal drowning injuries determined to have been caused by such negligence. Owners and operators of commercial water parks and pools may also be found liable for children’s drowning injuries and deaths determined to have been caused by owner, operator, or employee negligence. Negligence causal of children’s injuries and deaths in these situations may include inadequate supervision by lifeguards or other employees, the allowance of unsafe numbers of patrons in pools or on water slides at any one time, the use of inexperienced and/or inadequately trained lifeguards, inadequate depth markings, and absence of warning signs.
Property owners may also be held liable for other dangerous conditions on land resulting in children’s injuries or deaths. Abandoned and unsafe buildings, for example, may be found to constitute “attractive nuisances” to children that lure them into dangers against which landowners have failed to protect them. If a child is injured or killed as a result of such a danger, the landowner may be held liable for the damages suffered by the injured child or the deceased child’s family as a result.
If your child has been injured or has died as a result of an accident of any kind and you have reason to suspect that the accident or injuries were caused by someone’s negligence or a defective product, The Killino Firm’s San Francisco child-injury lawyers can help you obtain the justice you and your family deserve from those responsible for your child’s injury or death. Contact The Killino Firm at 415-278-9278 for compassionate yet aggressive assistance with your child-injury case.