Children are not just small adults, and the law recognizes the differences.
Children can be injured or could injure someone else; but they’re not the same as adults and the law doesn’t treat them as such. Here’s what’s to know about lawsuits involving kids in Pennsylvania.
Your child is going to skin their knees. They’ll take a tumble here and there. They’ll fall off things because they climbed too high or trip because they ran too fast. This is all part of childhood and some bumps and bruises along the way are normal and expected.
But severe injuries—car accidents, burn injuries, defective product injuries, severe falls—also happen. These can be life-changing and brutal for an entire family, and they can even take a toll on the family’s finances.
The purpose of a personal injury lawsuit is to make the plaintiff (injured person) whole. In other words, it restores them to the financial condition they would be in if the accident hadn’t happened. Of course, money can’t take away the pain inflicted on a child or any lasting conditions they must live with. But it can ease the burden if there are medical costs and special education expenses and potentially provide long-term benefits for living expenses if the injury leaves the child with a permanent disability that would limit their earning potential.
Let’s examine some typical accidents involving children and how they are handled in Pennsylvania lawsuits.
Common Pennsylvania child injuries that can lead to lawsuits
Defective products
- Choking hazards: Small parts in toys or poorly designed products can cause choking, leading to severe injury or death.
- Toxic exposure: Products containing harmful chemicals, such as lead in toys or unsafe materials in clothing, can cause poisoning or other health issues.
- Burns: Defective electrical toys or clothing with flammable materials can lead to burns.
- Lacerations: Sharp edges or poorly manufactured parts can cause cuts or other injuries.
Pennsylvania car accident injuries to kids
- Car seat injuries: Defective car seats or improper installation can lead to severe injuries in an accident.
- Pedestrian or bicycle accidents: Children struck by vehicles while walking or biking can suffer catastrophic injuries, including traumatic brain injuries, spinal cord injuries, or death.
School or childcare negligence
- Bullying and assault: Inadequate supervision can result in children being injured by other children or adults.
- Inadequate safety measures: Poorly maintained premises, lack of safety protocols, or failure to follow health guidelines can lead to various injuries, from food poisoning to physical harm.
Playground injuries
- Falls: Falls from playground equipment can cause fractures, head injuries, or spinal injuries.
- Entrapment: Children can get stuck in equipment, leading to serious injuries, including broken bones or suffocation.
Swimming pool accidents, injuries in other bodies of water
- Drowning: Lack of proper supervision, inadequate fencing, or defective pool drains can result in drowning or near-drowning incidents. Boating injuries can also happen when children are not wearing correctly sized, Coast Guard-approved life jackets or other flotation devices.
- Slip and fall: Wet surfaces around the pool area can lead to slips and falls, causing injuries like broken bones or concussions.
- Propeller injuries: Children can suffer severe injuries from boat propellers if safety precautions are not followed.
Pennsylvania sports injuries
- Concussions: Concussions are a significant concern for children in contact sports, especially if proper safety equipment is not provided.
- Fractures: Broken bones can occur due to inadequate supervision, improper training, or defective sports equipment.
How Pennsylvania courts handle lawsuits for child victims
In general, a personal injury claim for a child victim is similar to how it would be handled for an adult. The basics are the same: A personal injury case hinges on the defendant’s negligence. Negligence means that the defendant had a duty to the victim, breached that duty, and the breach was the cause of the victim’s injuries.
When the victim is an adult, the defendants tend to be other road users (i.e. drivers), property owners if it’s a premises liability claim, or anyone who might owe a duty not to harm someone—whether the person is known or a stranger. If the victim is a child, there could be other defendants, like a school or childcare facility, babysitter or care provider, or any other adult who is responsible for the child’s welfare at a given time.
However, there are some other differences in the law when it comes to child victims. Pennsylvania has special considerations based on the child’s age and legal status.
Pennsylvania statutes of limitations for child victim lawsuits
- Tolling for minors
The statute of limitations for filing a personal injury lawsuit is typically two years from the date of injury. However, for minors (individuals under 18), the statute is "tolled," meaning it does not begin to run until the child turns 18. This effectively gives the child until their 20th birthday to file a lawsuit. - Parent or guardian claims
Parents or legal guardians may file a lawsuit on behalf of the child before they turn 18. This is often done to ensure evidence is preserved and to seek compensation as soon as possible.
Guardian ad Litem
If a lawsuit is filed on behalf of a child, the court may appoint a guardian ad litem (a legal representative) to act in the best interests of the child during the litigation process. This guardian helps ensure that the child's rights are protected and that any settlement or judgment is fair.
Settlements involving minors
- Court approval
The court must approve any settlement in a personal injury case involving a minor. The court evaluates the settlement to ensure it is in the best interest of the child, considering factors such as the extent of the injury, future needs, and the adequacy of the settlement amount. - Structured settlements
Settlements for minors are often structured to provide payments over time rather than a lump sum. This might include setting aside funds in a trust or annuity to be accessed when the child reaches a certain age.
Pennsylvania modified comparative fault rule
Pennsylvania follows a modified comparative negligence rule, which means if the child is found to be partially at fault for their injury, any damages awarded will be reduced by their percentage of fault. However, if the child is found to be more than 50% at fault, they may be barred from recovering any damages.
Child as defendant: Pennsylvania rules for a lawsuit where the child causes an injury
Children can cause injuries, too. When a child is a defendant in a Pennsylvania personal injury lawsuit, courts consider several key factors to determine the child's liability and responsibility. These considerations are influenced by the child's age, maturity, and capacity to understand the consequences of their actions.
- Child’s age and maturity
Pennsylvania follows the "Tender Years" doctrine. Courts generally presume that very young children, often under age seven, are incapable of negligence because they lack the maturity and judgment to understand and avoid dangerous situations.
As children grow older, courts assess their capacity for negligence based on their age, experience, and maturity. A child’s behavior is compared to what is expected of a child of similar age and experience, rather than an adult standard of care. - Standard of care for children
The court evaluates the child's actions from the standpoint of what a reasonably careful child of the same age, experience, and intelligence would do under similar circumstances.
The circumstances surrounding the incident are important. For example, a court might assess whether the child was engaging in an activity appropriate for their age, whether they were properly supervised, and the nature of the environment where the injury occurred. - Intentional acts
If a child intentionally causes harm, such as in cases of assault or vandalism, the court may hold them liable. However, the court will still consider the child’s age and understanding of the wrongful nature of their actions.
In some cases, parents might also be held liable for their child's intentional acts, especially if they failed to supervise the child or if they were aware of a pattern of similar behavior and did not take appropriate steps to prevent it. - Impact on the child’s future
Courts also consider the potential long-term effects of the case on the child's development and rehabilitation. The legal outcome can impact the child's future behavior and understanding of responsibility.
If you’re involved in a Pennsylvania lawsuit that includes a child—either as victim or as defendant—it’s important to consult a Pennsylvania personal injury lawyer. These cases can be nuanced and complex, both because of the child’s status as a minor and because of long-term effects.
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