Child Injuries on Someone Else’s Property

Every child gets a bruise or a cut now and then. What children should never get is a trip to the hospital because someone didn’t make their safety a priority. Children need more protection because they often don’t appreciate dangers in the way that adults do. Injuries to children are more difficult to treat because doctors need to take into account that children are still growing. Children also have difficulty communicating what happens when accidents occur and what symptoms they have.

Filing an accident claim for a child

Our Charlotte child injury lawyers understand the unique legal issues and challenges involved in representing children. For starters, children cannot handle their own claims. Their parents or guardians need to handle their claims for them. Our Charlotte personal injury lawyers are skilled at helping children explain what happened when a driver struck them, how they fell while on the property of another, or how they suffered injuries due to other causes.

We also work to obtain “structured settlements,” which are essentially trust agreements that protect children. In a structured settlement, the amount of the recovery (whether through a negotiated settlement or a jury verdict) is placed into a trust that the parents or another qualified person (such as a bank) handles. The trust ensures that the funds are there to treat the child until the child becomes an adult. Once the child becomes an adult, the funds remaining in the trust are generally distributed to the adult child, depending on the terms of the trust.

Are property owners liable for accidents to children who trespass?

Generally, homeowners and business owners do not owe a duty of care to anyone who trespasses (uses property without the legal consent of the owner) on the owner’s property.

In North Carolina, property owners do need to protect children who use their property, even if the child enters the property without the owner’s permission, under certain circumstances. These circumstances, known as the attractive nuisance doctrine, apply when a child enters another person’s or business’s property because the child is attracted to something on the property – and the child then suffers an injury while using the attractive item.

Some of the items that might attract a child to the property of another include a swimming pool or a trampoline. The attractive nuisance doctrine holds that the burden is on the property owner to anticipate that a child might enter the property and use the swimming pool, trampoline, or other attraction, and that the child might suffer injuries (including drowning, traumatic brain injuries, spinal cord damage, and fractures) while using the attractive object.

Other attractions can include a playground, an abandoned vehicle, or any dangerous object that piques a child’s curiosity.

Homeowners and property owners can be held liable for any injuries or deaths that occur if the owners could have taken minimal steps to prevent a child from using the pool, trampoline, or other devices. While each case is different, generally, home and business owners may be liable if they fail to take the following precautions:

• Install a fence to prevent children from using the attraction.
• Cover or contain the attraction so it can only be used when an adult is present.
• Post warning signs about the dangers of using the attraction without adult supervision (depending on the child’s ability to read and maturity).

Some of the factors that a court will consider in determining if the attractive nuisance applies include the following:

• How likely a child is to be attracted to something on the property of another
• How dangerous the attraction is
• The child’s age
• The steps the homeowner can take to protect the child

What types of accidents cause injuries to children?

In addition to premises liability claims, Price Petho & Associates handles car accidents that harm children. Car accidents include accidents where a child is a pedestrian and accidents where a child is a passenger. Children can also suffer harm if a child is not in a proper type of seat or in the proper location in the car. Many car accidents involving children happen in residential neighborhoods where children are often playing, crossing streets, and riding their bicycles.

Other types of accidents that harm children include:

• Falls
• Burns
• Consuming poisons or other dangerous substances
• Choking
• Sports injuries
• Bicycle accidents

What are the unique challenges in representing children in North Carolina?

In addition to determining who will bring the claim for the child, talking to your child about how the accident happened, and how the recovery funds will be handled, another key issue is how the court will view any negligence by your child.

Presumptions about negligence

Generally, in North Carolina, the following presumptions about negligence apply:

• Children under 7 years of age. There is an irrebuttable presumption that a child under 7 is not capable of negligence.
• Children between 7 and 14. There is a rebuttable presumption that a child in this age range is not capable of negligence. The presumption can be rebutted/challenged based on a showing that the child who was injured had the mental capacity and maturity to understand the consequences of their actions and certain dangers.
• Children between 15 and 17. There is a presumption that a child in this age range is capable of negligence, but the presumption can be rebutted.

The negligence issue can be complicated because North Carolina has a strict contributory negligence law that provides that a victim can’t receive damages if they are partly liable for an accident. Our personal injury lawyers will explain this issue depending on the age and development of your child.

Price Petho & Associates has decades of experience and working relationships with children’s doctors to fight for your child’s health and happiness. Our Charlotte child injury lawyers demand compensation for all your child’s medical needs and pain and suffering. Contact us today to schedule a free consultation.