Every day in the United States children are hurt in a variety of accidents. Many of these child injuries could have been avoided if a responsible adult was supervising these children or if other safety measures had been taken. No one wants to be responsible for harm that comes to a child, but the responsibility of being a care-provider comes with the need to watch them properly. When someone fails to do that, then he or she may be responsible for the injuries that occur.
Unfortunately, negligence is a common factor that leads to children's injuries. Our firm has represented many families whose children have been injured due to negligence. If your child has been injured in an accident, please contact the knowledgeable New York child injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP.
Children are injured all too often due to the negligence or inattention of a guardian or care-provider. Some accidents happen simply due to unfortunate circumstances and ultimately no one is to blame. But when someone had the ability to prevent an injury and failed to do so, then negligence is involved. Common injuries caused by such negligence include:
More than 6,600 children die from injuries each year.
Premises liability is one example of negligence that can cause injuries in children. An unsafe pool or playground has the potential to cause injury in children. Product liability, such as faulty car seats and strollers, cribs, flammable children's clothing, and unsafe toys are a large factor in the injuries of children. The misdiagnosis of an illness and mistreatment of an illness are both examples of medical malpractice, which may also cause injuries to children.
When we give our children over to the care of someone else, such as a teacher or child care worker, we trust him or her to ensure our children's safety. Licensed educators and day care workers have the knowledge and experience to care for children and understand what is expected of them. When they fail to act responsibly, children can get hurt, and the professionals we trust may be liable for such harm.
To determine whether a caretaker is responsible for an injury, first you must establish that the person or organization agreed to care for your child. This means your child was enrolled in a school or day care and the organization or person accepted responsibility for your child. You must then prove that the caretaker in question acted in a way or failed to act in a way that was reasonable to ensure the safety of your child. That irresponsible action must have been the cause of the injury to your child, which demonstrates that negligence on the caretaker's part was the reason for your child's injury.
Finally, you need to demonstrate that the injury to your child was in some way foreseeable; that a reasonable person could have predicted it and acted to prevent or avoid it. All of these factors can be difficult to prove, but are vital to winning any kind of compensation for your child's injuries. This is why you should never attempt to take on such a case by yourself, but instead hire an experienced New York child injury lawyer to represent you and your family.
In New York, certain professionals are considered "mandatory reporters," which means they have a legal responsibility to report suspected child abuse or maltreatment. For example, if a teacher sees another teacher neglecting responsibilities in a way that causes a child to be injured, then he or she must report this behavior to New York State Child Protective Services. Similarly, concerns about parental neglect must also be reported.
Failing to report a reasonable suspicion of abuse or neglect of a child is grounds for a Class A misdemeanor charge and criminal penalties in New York. In addition, that failure opens up a mandatory reporter to a civil claim for damages due to harm or injuries to a child that could have been prevented by reporting a suspicion. This is especially important when it comes to child care professionals and teachers who suspect others of inappropriate or negligent behavior involving the health and safety of a child.
We know that the emotional, physical, and financial losses due to injuries to your child can be overwhelming and unexpected. Our personal injury attorneys will do everything necessary to recover compensation for the injury that your child has suffered. Nothing can truly undo the distress and trauma your family may have suffered, but compensation can ease the financial burden of medical costs and punish those who are responsible. If your child has been injured in an accident due to the negligence of another please contact the New York injury attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. Call us today at (212) 986-7353 so we can talk about your options.
Our client, an 18 month old infant, was severely burned by boiling water while attending a daycare. After many hours of mediation, Victor Goldblum settled the case for $2,500,000.00.
Robert J. Bellinson recently obtained a $375,000.00 recovery for a child injured in a schoolyard accident.
A 4th grade student at PS 06, a NYC public elementary school in Brooklyn, was injured when her teacher slammed a door on the youngster's hand.
Clifford H. Shapiro obtained a recovery of $175,000 for a 14-year-old boy who was chased by a counselor at sleep away camp.