Los Angeles Child Injury Lawyer
Many adults have a fiduciary duty to children, which means they are expected to keep them safe. Although a total stranger is not required by law to assist a child, others are. This heightened duty is based on the premise that children do not have fully developed brains and often cannot distinguish between what is dangerous and what is not.
Whether an adult has a fiduciary duty or not, if a child is injured because an adult has been careless, parents may have a personal injury claim for negligence. A jury can award the child, through their parents, compensation to pay for medical care and other losses caused by the adult’s behavior or lack of it. If this has happened to you, a Los Angeles child injury lawyer is ready to handle your claim.
The Standard for Caregivers
Those responsible for children and strangers who encounter them cannot act negligently. This means they must behave in a manner consistent with a reasonable person in the same situation. If they do not, a breach occurs. If the breach causes a child’s injury, the elements of negligence are met.
This theory can become tricky when a fiduciary duty is factored in. For instance, a lifeguard has a fiduciary duty to save a child struggling in the ocean because they are being paid to do it, but another beachgoer does not. The lifeguard would be negligent, while the sunbather would not. Along with lifeguards, adults with a fiduciary duty toward children in their care include:
- Teachers
- Sports coaches
- Daycare workers
- Nannies and babysitters
- Pastors and youth ministers
- Parents and other adult family members
When children die from injuries inflicted by others, the family can file a wrongful death lawsuit if the original elements of negligence are present. A Los Angeles attorney could seek fair compensation when a child is harmed.
Medical Malpractice
Medical malpractice is negligence at the hands of a healthcare professional. Children can be subject to this from birth when a physician fails to diagnose oxygen deprivation, fails to order a Caesarian section when necessary, does not properly monitor and test a pregnant woman, or uses forceps or a vacuum in a manner that injures the baby.
Negligence must cause injuries before a person can file a civil lawsuit, and in these situations, harm includes brain, head, and torso damage, cognitive impairment, cerebral palsy, and other physical disabilities. A lawyer in Los Angeles can base a child injury lawsuit on many injuries caused by a healthcare professional.
When Children Trespass and are Injured
Although property owners have no duty to adult trespassers, they do owe a duty to child trespassers attracted to something enticing on the property. The Attractive Nuisance Doctrine requires property owners to keep children from wandering into situations that draw them without understanding the danger, such as backyard swimming pools or trampolines. Our child injury attorneys in Los Angeles can identify attractive nuisances and use them as a basis for a civil action.
Defective Products
Sometimes, companies design, manufacture, or fail to warn the public about defective and dangerous products. If a child is injured because of one, the business may be liable for compensating the family for injuries, whether negligence is involved or not. Some common situations include defective car seats, cribs, and playpens, flammable clothing, and toys with small parts that cause choking when there is no warning label on the packaging. A Los Angeles attorney could determine if a product that caused a child injury was defective.
A Los Angeles Child Injury Attorney Protects the Vulnerable
Children are more vulnerable to injuries than adults. Their brains are not developed enough to recognize danger, and their small size makes any injury-causing situation worse. The risk begins before birth if they are not properly monitored and follows them through childhood.
If your child is injured by another, you need an attorney dedicated to protecting children. Our team could secure the compensation your family is owed. A Los Angeles child injury lawyer works for you, and you do not owe a cent unless we win your case.
