If your child is injured whilst playing at a friend's house, you may end up spending money on physical therapy, losing pay as you stay home from work, or dealing with other financial strain. In addition, your child may be traumatised from the incident. In some cases, a personal injury attorney can help you get the compensation you deserve, but there are several things to know about negligence first. Here are some points to consider:
1. Negligence from parents
In order to win a personal injury case, your lawyer has to prove that someone's negligence caused your injury or the injury of your child. If your child was playing at a friend's house, you may need to prove that the other parent was negligent. Were they supervising your child as appropriate based on your child's age? If not, you may have a viable lawsuit.
2. Presence of dangerous conditions
In other cases, the negligence may be tied to the presence of dangerous conditions. For example, if the other parent wasn't supervising the children directly, that may not constitute negligence especially for older children. However, if the parent knew that a dangerous situation was present, that may constitute negligence.
For example, if the parent knew that a branch was about to fall from their tree but they allowed your child to climb in that tree or play underneath it, they could be responsible for an injury related to the falling branch. Similarly, if the parent knew that the floor of a treehouse was rotted and presented a risk of falling or that the yard was full of rusty nails, those are all issues that could be considered negligent.
3. Dog bites
If a dog was involved, everything changes, and proving the case gets much easier. In most cases, owners are held responsible if they were negligent. For example, if the dog escapes and bites someone, the owner is typically believed to be negligent. Similarly, if the other parent lets the dog loose while your child is playing at their home, that can also constitute negligence, especially if the dog had a history of biting.
4. Public liability
In some cases, the parent may not be liable, but rather, there may be an element of public liability. For example, if your child was grievously injured whilst riding a scooter over an unrepaired walking path, the local council may be liable for the injury. Your lawyer can help you explore all possible culprits in a personal injury case.