Severe injuries can cause significant health complications for anyone; however, children are among the most vulnerable because their bodies are still developing. If you need to consult a Belton child injury lawyer because your child has suffered from a negligence or strict liability-related injury, make an appointment as soon as possible.
An experienced personal injury attorney who represents injured children and their parents understands that kids sometimes unwittingly put themselves in danger because they lack the full ability to reason and consider future consequences. Working with this type of legal professional streamlines processes because any applicable laws, including those related to attractive nuisances, are discussed in settlement and court proceedings.
Children sustain injuries for many reasons, some of which are beyond their control. Those related to faulty products and attractive nuisances are just some of the physical harms that can befall children. Among the most common child accidents that attorneys represent include:
Legal professionals who represent childhood harm claims often must refer to attractive nuisance laws. To win an attractive nuisance-related negligence lawsuit, the attorney must prove five things:
The injured party and their attorney must show that the defendant knew or should have known their property would appeal to children due to features such as a swimming pool, playground equipment, or even machinery such as farming equipment. Such features make children more likely to trespass.
The plaintiff’s party needs to show that the defendant knew or should have known that the property, as it was, included an “unreasonable” risk of severe personal injury or death to children who engaged with the hazard(s).
For an attractive nuisance doctrine to apply, it must become clear that the child or children involved in the accident did not realize the danger due to their youth and inexperience.
The maintenance costs to reduce or eliminate the risk associated with a property’s attractive nuisance features must be “slight” compared to the dangers they pose to young children.
Finally, the legal professional representing the injured child and their family must show that the defendant did not exercise “reasonable care” to maintain a safe property, such as erecting a fence around a swimming pool and putting a lock on the gate, or keeping a dangerous dog in the house, within a cage, or on a leash.
Strict liability laws allow attorneys and their clients to bypass proving negligence. Faulty products, such as dangerous children’s toys, typically fall under the strict liability category if there was an obvious designer or manufacturer error. Distributors and retailers who knowingly distribute and sell hazardous products also face strict liability lawsuits.
Dog bite accidents often become strict liability cases in Texas due to the “one bite rule.” If the dog has already bitten someone and then attacks a child, the owner is strictly liable for the young one’s injuries. Canine owners are also strictly liable for dogs that are known dangers to communities and attack children due to insufficient pet care.
Schedule a consultation with a Belton child injury lawyer if you have a negligence or strict liability case to discuss. Your family could be entitled to damages that cover ongoing medical care, pain and suffering, and mental anguish. Discuss your options today with a skilled attorney.