Child Injuries in New York

Because of their lack of maturity and judgment, children are always at risk for injuries. In many cases, no one is to blame for a child falling off a bicycle or while playing on school or park playgrounds. However, in some cases the injuries a child suffers may be due to the negligence of others, such as teachers, daycare personnel, neighbors, motorists, defective product manufacturers, and more. 

Common types of child injuries include:

• Falls: Falls are one of the most common causes of child injury, especially among younger children. They can happen on playgrounds, stairs, furniture, or while playing sports.
• Burns: Burns can result from exposure to hot liquids, flames, steam, or contact with hot objects. Scald burns from hot liquids are particularly common among young children.
• Poisoning: Poisoning can occur from ingesting toxic substances such as household cleaners, medications, or plants. Young children are especially vulnerable to accidental poisoning due to their natural curiosity and tendency to explore their environment.
• Drowning: Drowning is a leading cause of accidental death in children, particularly in younger age groups. It can occur in swimming pools, bathtubs, ponds, lakes, or any body of water.
• Traffic-related injuries: These include pedestrian accidents, bicycle accidents, and motor vehicle collisions. Lack of supervision, failure to use safety equipment such as helmets, and inadequate road safety measures contribute to these injuries.
• Suffocation: This can occur due to choking on small objects, suffocation from plastic bags or bedding, or being trapped in tight spaces.
• Intentional injuries: These include physical abuse, sexual abuse, and neglect. Unfortunately, intentional injuries are a significant concern and can have long-lasting physical and psychological effects on children.

Common Causes of Child Injuries

Child injuries can result from various causes, ranging from accidents and unintentional incidents to deliberate harm. Here are some of the most common causes:

Unfortunately, child injuries occur all too often, whether unintentional or by negligence. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries and homicide rank first and second as the leading causes of death for those aged 1-19.

Premises Liability & Defective Product Liability in Child Injury Cases

Premises liability holds property owners responsible for the injuries caused on their premises due to dangerous conditions or safety hazards. These owners and managers are expected to provide a reasonably safe environment for visitors and invitees. Where safety hazards exist, they are expected to know about them, repair them promptly, and warn others about them in the interim. If a child is injured on another’s property due to the negligence of the owner, you may have grounds for a personal injury claim seeking damages.

In addition, the legal concept of attractive nuisance holds property owners responsible for potential dangers on their premises that might attract children, even if those children are trespassing. This doctrine acknowledges that certain features, such as swimming pools, abandoned buildings, or construction sites, could allure children who may not comprehend the associated risks.

Property owners are therefore required to take reasonable steps to prevent foreseeable harm, such as installing fences, locks, or warning signs. Failure to do so can result in liability for injuries sustained by trespassing children. The principle behind the attractive nuisance doctrine underscores the importance of ensuring that property features posing potential hazards to children are adequately safeguarded to prevent accidents and injuries.

Lastly, manufacturers are expected to provide safe consumer products to the public. This applies to all products, including children’s toys, clothing, gear, furniture, and more. When a child is injured due to the negligence of manufacturers selling dangerous or defective products to the public, you may have grounds to hold the manufacturer and others in the supply chain liable for your child’s injuries.

How Child Injury Cases Work

Child injury cases typically involve legal proceedings where a child (or their legal guardian) seeks compensation for harm or injury suffered due to the negligence or wrongful actions of another party. Here's how these cases generally work:

1. Consultation and Evaluation: The process often begins with a consultation between the child's guardian and a personal injury attorney specializing in child injury cases. During this consultation, the attorney evaluates the circumstances surrounding the injury, the extent of the harm suffered by the child, and the potential liability of the responsible party.
2. Investigation: After agreeing to take on the case, the attorney conducts a thorough investigation to gather evidence. This may involve collecting medical records, witness statements, photographs, and any other relevant documentation that can support the claim.
3. Determining Liability: In child injury cases, liability can fall on various parties, including property owners, caregivers, manufacturers of defective products, or individuals responsible for supervision. The attorney assesses the circumstances of the injury to determine who may be held legally responsible.
4. Negotiation and Settlement: In many cases, the attorney will attempt to negotiate a settlement with the responsible party or their insurance company. This often involves presenting evidence of negligence and making a demand for compensation that adequately reflects the child's injuries, medical expenses, pain and suffering, and other damages.
5. Litigation: If a settlement cannot be reached through negotiation, the case may proceed to litigation. During this stage, the attorney files a lawsuit on behalf of the child and litigates the case in court. This involves presenting evidence, examining witnesses, and making legal arguments to prove the defendant's liability and the extent of the child's damages.
6. Trial and Judgment: At trial, both parties present their cases to a judge and/or jury, who will ultimately determine whether the defendant is liable for the child's injuries and, if so, the amount of compensation to be awarded. The judgment may include damages for medical expenses, future medical care, pain and suffering, emotional distress, and other losses suffered by the child.

At Dansker & Aspromonte Associates LLP, we can thoroughly investigate all aspects of your child’s injury to determine the potential liability of adults or other entities who may have caused or contributed to the accident or event. With more than 100 years of combined experience in personal injury law and millions of dollars recovered for clients in claims and lawsuits, we know what to do and how to do it. We are committed to seeking the compensation you deserve when your child has suffered a preventable injury.

Call Dansker & Aspromonte Associates LLP Today

If your child has been injured and you believe it was due to negligence, the sooner you get professional help, the better. Our experienced team can begin investigating the facts of the case to determine where you stand and your available options. We are here to take your calls and respond with a free consultation in which you can speak directly with an attorney. Our approach is to treat you like family in providing the personalized care and support you need at this critical time. 

Book your free consultation with a New York child injury lawyer by calling us at 
(646) 692-0204.