With schools opening up for students around the valley, it also means that there is the possibility of your student getting injured while at school, daycare, or on another’s property. School-related injuries can occur from simple things such as children falling from playing and getting injured. Or other injuries can occur from negligence. These are types of personal injury cases. When accidents happen due to someone else’s malicious or negligent actions, then parents/guardians have the right to file a claim against the responsible party.
Most personal injury cases require negligence (failure to use reasonable care, resulting in damage or injury to another.) To win a personal injury case, the parents/guardians of the injured child must prove three things:
1. That the at-fault party had a duty to act with reasonable care. In the case of child injury cases, this could involve a school bus driver driving children while intoxicated and getting into a collision,
2. The at-fault party breached their duty. This could mean that the school knew the bus driver had a history of DUI cases or driving on a suspended license and they continued to allow the driver to drive the bus,
3. The victim’s injuries resulted from the breach of duty. The victim is only able to recover for damages that resulted from the at-fault party’s negligence.
Premises liability cases are a possible avenue for filing a claim for damages if your child is injured due to unsafe conditions on a property, where the owner may be held liable. An important thing to remember is that premises liability cases typically only extend to the injured parties who are lawfully present on the property at the time of injury; however, this doesn’t apply to children. Children aren’t considered to be as aware of their actions as adults, so even if a child trespasses on private property, the owner may be held liable for any injuries.
Perhaps the most frequent negligence claim against an at-fault party is for negligent supervision. This is if the person or persons in charge had done their job right, the injury or injuries would not have happened.
Negligent supervision claims can be raised in any setting. Whoever was watching your child or children when an accident or injury occurs to the child could be sued. As a result, the following individuals could be held responsible in a negligent supervision case:
- Parents (biological, adoptive, foster, stepparents)
- School officials
- Daycare workers
- Youth group leaders
- Church leaders
- Camp counselors
- Any family member responsible for the guardianship of the child, even in a temporary situation
- Any employee responsible for the care and well-being of children
Because this is such a broad list, it’s clear that anyone placed in charge of a child could face liability for any harm the child experiences due to negligence.
If your child was injured due to someone else’s negligence, then you may be entitled to recover compensation for your child’s damages. The attorneys at Big Chad Law have been fighting for the rights of victims throughout Arizona for more than 7 years, and we can help you hold the at-fault party accountable for your child’s injuries.
Please contact Big Chad Law today to schedule your free consultation. We serve clients throughout the State of Arizona. You can reach our office by telephone at 602-553-0000. Feel free to also visit our website located at www.bigchadlaw.com.