Child Injury Lawyer in Raleigh, NC

Who Is Liable for My Child’s Injuries?

Under common law principles, any adult has a duty to assist a child who is in recognizable danger, regardless of whether they have assumed formal responsibility for the child. The Latin phrase in loco parentis refers to the legal responsibility that a person or organization takes on when parents formally entrust their child’s care and safety to them.

If a child is injured while under the supervision of a school system or recreation league, for example, the temporary substitute for the child’s parents may be held liable if they have neglected their duty to ensure the child’s safety, resulting in an injury.

Our firm pursues child injury claims against individuals and organizations as:

• Daycare centers. If you have registered your child with a daycare center, you have likely signed an agreement that says neither the center nor its staff may be held liable if your child is injured while under the center’s care. This should not stop you from seeking legal help if your child has been significantly injured at a Raleigh area daycare center. Courts have repeatedly ruled that it’s contrary to public policy to relieve daycare providers of liability when a child has been hurt due to their negligence.
• Schools. A school’s faculty and staff have a legal duty to protect children under their supervision while at school, on a school bus, or at school-sponsored events. When a child is injured, even if the school or a school employee didn’t directly cause the accident, the school and possibly a teacher, coach, or administrator may be held legally responsible.
• Local or state government. A city, county, or state agency may be held liable for a child’s injury due to negligence that caused an accident or unsafe conditions at a public school, park, playground, swimming pool, recreation center, or governmental building such as a state museum. However, local and state governments – including public school systems – have protections that allow them to establish strict rules and deadlines for notifying them of complaints prior to filing a legal action.
• Product manufacturers. Manufacturers of children’s products have a legal duty to ensure the products they sell are safe when used as intended and to advise consumers of any potential hazards the product poses. A manufacturer may be held liable for injuries that a child suffers if the injuries occurred because of a product defect that existed when the product left the manufacturer that was not properly disclosed.
• Negligent individuals. There are numerous possible scenarios in which an individual should have prevented a child’s injury and may be held liable. For example, if a child is injured while playing in a pool, fountain, or pond on a neighbor’s property, the homeowner may be held responsible for not properly safeguarding an attractive nuisance to prevent a curious child from gaining access. Others who might be held responsible for a child’s injuries after an accident include:
  • Babysitters
  • Carpool drivers
  • Social or playdate hosts
  • Civic group leaders (scouts, YMCA, boys and girls clubs, gymnastics coaches, etc.).

Common Childhood Accidents and Injuries

Accidental injuries are the leading cause of death for children and teens in the United States, the Centers for Disease Control and Prevention (CDC) says. Common accidents among children include:

• Car and school bus accidents, including pedestrian accidents
• Falls
• Bicycle accidents
• Playground, sports, and recreation injuries
• Dog bites and maulings
• Drowning and near-drowning
• Poisoning
• Burns (including from fires and scalding from hot water, hot stoves, or hot food)
• Suffocation due to entrapment

When accidents like these are caused by someone else’s negligence, the child’s parents or guardians may be able to pursue a legal claim for compensation on the child’s behalf.

Children are also susceptible to physical abuse and sexual abuse, which are crimes and may lead to personal injury claims in addition to criminal charges.