A child’s life is in itself a precious thing. As a parent or guardian, there is nothing as distressing and painful as watching your child go through pain. And when an accident happens, causing harm to these innocent and fragile children, parents, guardians, and healthcare professionals are expected to aid in the recovery of the child’s wellbeing. Very often, a child’s recovery may require huge financial investments and time. In other cases, the effects may be permanent, affecting the present and future independence of the young lives. As a result, parents and guardians have to make major lifestyle changes to accommodate home modifications, dietary changes for the injured child, medical treatment investments, and future rehabilitation.

Luckily, children are legally protected from negligent harm under Baytown and Texas laws. Parents and guardians have the right to file a child injury claim against the party responsible for their child’s injuries. And unlike other personal injury cases, navigating through child injury cases can be difficult. The emotional and physical burden on parents makes it almost impossible for them to concentrate on their pursuit of justice. Therefore, self-representation is often advised against when litigating a case involving a child. For this reason, it is extremely important that you secure quality legal representation from an experienced Baytown child injury lawyer.

Liability in a Baytown Child Injury Case

In the United States, personal injury claims and civil lawsuits can be filed against parties responsible for the supervision of minor children through a negligent supervision lawsuit. This kind of lawsuit is normally brought forward in two major scenarios. These are:

  1. If a child is injured while under the care of the guardian or caregiver
  2. If a child intentionally harms another one without the proper intervention of adults responsible for them

If your child was injured under any of the above-mentioned scenarios, you should consult with a skilled Baytown lawyer about your legal options.

Negligent supervision lawsuits can be filed in any setting. Any party that was responsible for the child when an accident occurred may be held responsible. Depending on where your child was injured, the following parties may be held at fault for harm caused:

  • Daycare workers and owners
  • Motorists
  • Car owners
  • Product manufacturers if a defective product caused the injuries
  • Nannies and babysitters
  • Teachers and school officials
  • School bus manufacturers

From the broad list above, it’s clear that any party to which a child’s care is put under can be liable for any harm that befalls the young life.

Examples of Negligent Supervision

While negligent supervision accidents can happen anywhere, several situations make it possible for children to suffer harm. These scenarios include:

  • Improper care of an injured or sick child
  • Failure to protect a child from imminent danger within their surroundings such as open windows
  • Allowing a child to play with or use items or devices unsuitable for children
  • Failure to protect a child from physical and emotional harm from external factors such as animal attack or fights with other children
  • Failure to secure or properly store dangerous items such as guns, chemicals, and drugs

If you believe that your child was injured due to negligent supervision from another party, you should speak with a knowledgeable child injury attorney as soon as possible.

Proving Negligent Supervision in a Lawsuit Involving an Injured Minor

To successfully file a child injury claim based on negligent supervision, your lawyer must prove the four elements of negligence. They are:

  • A duty of care existed
  • That duty was breached
  • Your child suffered physical and emotional harm due to the breach
  • You suffered economic damages for the breach

If your child was under the care of another party, your injury attorney will try to prove these four elements to secure maximum compensation. The types of damages you stand to recover vary from case to case, but at the bare minimum, you may qualify for compensation for losses resulting from medical bills, as well as the physical and emotional pain of the child.

How Our Baytown Child Injury Attorney Can Help

As a guardian or parent, you want to ensure that your child gets the full justice he or she deserves for the harm suffered. Given what is often at stake, you may need a seasoned Baytown child injury lawyer to help you with your case. Call our offices at Lone Star Injury Attorneys to get fast and free legal expert advice from our teams of dedicated child injury lawyers. Contact us today to schedule a free consultation with one of our attorneys.