You could grounds to file a Philadelphia child injury claim when another party’s negligence causes injuries to your child.
To establish negligence and have grounds for a Philadelphia child injury claim, your attorney would first determine:
- Who bore a duty of care to your child at the time of the accident? In some cases, this might include a specific caregiver: someone responsible for your child at the time of the accident who failed to take care of your child or properly observe your child—leading to an accident with serious injuries. All drivers must exercise caution on the road to avoid collisions, including collisions with children playing by the road or children riding their bikes along the road.
- How did the party who bore a duty of care to your child violate that duty? For example, a distracted driver who failed to notice your child riding his bike in the road could violate his or her duty of care by becoming distracted while behind the wheel. A caregiver who allowed your child to wander off without noticing his absence could have violated the duty of care by not paying adequate attention to the child.
- How did that violation lead to your child’s injuries? If your child wandered away from a caregiver, but the caregiver found him or her very quickly and no injuries occurred, you would not have grounds for a Philadelphia child injury claim. On the other hand, if your child wandered away, fell into a swimming pool, and required resuscitation due to drowning, you may have grounds for a Philadelphia child injury claim against the caregiver, and potentially the owner of the swimming pool if they had failed to properly adequately secure its perimeter to avoid such incidents.