Sayer Regan Thayer and Flanagan, LLP - 401.849.3040
Toll free: 800.637.8170

Little Kids, Big Accidents. Chapter 4: Do You Have a Case?

Little Kids, Big Accidents:

The Ultimate Guide to Child Accidents in Ohio


CHAPTER 4

Do You Have A Case?


The fact that a child died or was injured in an accident doesn't mean a claim can be maintained. A person or business entity who caused the death or injury has to be deemed negligent, or at fault, under the law. Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to, which causes injury or death. There's a lot of nuance to negligence law, but that's a boiled down version of the concept.

In addition to negligence actions, claims can be brought on behalf of children who were intentionally hurt or abused by someone.

Winning a lawsuit probably would seem like a hollow victory compared to the injury suffered by a child or the loss to a parent through a child's death, but the court system is purposely set up to allow us to work out our differences with other parties in a civil, organized way.

The insurance industry, acting in concert with state and national chamber of commerce organizations, have worked their propaganda machines overtime to paint everyone who files a lawsuit as a money grubber. That's ridiculous and it's shameful. People shouldn't be made to feel guilty for pursuing legitimate claims, especially when a child was injured or killed as the result of negligent conduct. You have nothing to be ashamed of when you look out for the best interests of yourself and your family.


VERY YOUNG CHILDREN ARE NOT NEGLIGENT FOR CAUSING INJURIES

In many cases, children injure other children whether through play or some careless act.

Children under the age of 7 are not liable for their conduct as a matter of law. For example, if a child less than 7 years old injures someone by running into them with a bicycle, the injured person will not be able to succeed on a negligence claim against the child, no matter how severe the injuries.

The idea behind the rule is that children who are less than 7 years old are simply incapable of fully appreciating how their acts may impact others. Therefore, the reasoning goes, it would be unfair to hold them responsible for injuries caused by accidental or even reckless behavior.

This can be an important issue if a child under the age of 7 gets injured in an accident caused partially by the child's actions. Under Ohio law, juries can weigh the negligence of the person who caused the accident and the injured person. The concept is called comparative negligence. So, let's say that the driver of a car runs a stop sign at a 4-way stop intersection, and a 6-year-old child on a bicycle also fails to stop at the intersection and is struck while crossing the car's path. In that situation, the 6-year-old cannot, as a matter of law, be found to be contributory negligent. Therefore, the driver of the vehicle would be solely responsible for causing the child's injuries.

Children 7 or older - and adults, for that matter - also cannot be held liable for causing injuries that occur during recreational activities such as games of tag or baseball, unless their conduct was somehow reckless. In other words, a child who injures someone during some type of play activity won't be held liable for a run-of-the-mill accident. And, the recreational activity doesn't have to be confined to sports. For example, if a child accidentally wacked someone with a hammer while building a tree fort, they likely couldn't be found negligent. That may not seem fair to the injured person, but that's the law in Ohio.

In some situations, a parent can be liable for a child's negligent conduct. If the parent entrusts the child with something like a gun or a car that is potentially dangerous to others because of the child's age or inexperience, a claim can be made against the parent.

Parents also can be liable if they don't exercise the proper control over a child despite knowing that the child's conduct could cause an injury, or if the parent somehow consents or directs a child's wrongdoing.


If you or someone you know has a child who has been injured in an Ohio child accident, you need information. Contact our Ohio child accident injury lawyers immediately for your free copy of Little Kids, Big Accidents by calling 800.637.8170.


We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties. Bookmark and Share
Bookmark and Share

©2010 Charles Boyk Law Offices, LLC, All Rights Reserved, Reproduced with Permission
Attorney website design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog

Served By: A