A child may have a legal claim arising from an injury accident. A legal claim arises when the child is entitled to compensation for the injuries and damages proximately caused by the accident. Whether a child has a legal claim for injuries sustained in an accident will depend on many different factors.
Generally, a child will only have a legal right to recover compensation if the injuries were caused by another party’s negligence. In Michigan, the term “negligence” is defined as a person’s failure to exercise “ordinary care,” or the kind of care that would be deemed appropriate in the particular situation that led to the child’s injury. Not only can a person be found negligent, but so can a corporations and governmental agencies.
Oftentimes, it is easy to determine whether a party was negligent, such as when a driver runs a stop sign or fails to yield to pedestrians in a crosswalk. The violation of a known rule, statute, or regulation can also provide evidence of a party’s negligence. For example, if a person injures a child and also violates a statute or regulation while doing so, that violation may be admissible in a subsequent trial to prove that the person was negligent.
Parents of children do have legal rights. If your child suffers injuries due to an accident, you shold contact our office immediately to discuss your case. Call us now at (800) 606-1717 to speak with one of our experienced Michigan child injury lawyers.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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Lead-based paint is the biggest lead hazard in our environment. The primary source of the lead is through chipping and peeling lead-based paint and through the inhalation of dust particles. The federal government estimates that lead paint is present in three our of four homes built before 1978, but only homes that are not properly maintained constitute potential hazards to children.
The biggest hazards are often on window sills and in window troughs, where there is frequent friction which causes the old paint to peel and chip. Other primary sources include outdoor porches and soil around the home, where children often play with paint chips that have fallen from the exterior of the property. More recently, toys imported from China have been found to contain lead paint and this has raised additional concerns.
Children who suffer lead poisoning have several possible legal claims. The primary defendant in these cases are landlords who rented homes or apartments to the child’s family and failed to properly maintain the lead based paint surfaces inside or outside the home. A child who is lead poisoned as a result can file a lawsuit alleging that the landlord violated the duty to provide safe and sanitary housing and also violated Michigan statutes and local ordinances.
Other claims for child lead poisoning can be brought against property management companies, maintenance companies, and other locations where a child is lead poisoned, like a school or daycare center. Additionally, if a child is poisoned due to a defective toy or other product, a claim can be made against the maker, distributor, and seller of the product.
Parents of children do have legal rights. If your child suffers lead poisoning injuries, you should contact our office immediately to discuss your case. Call us now at (800) 606-1717 to speak with one of our experienced Michigan child lead poisoning attorneys.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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Lead poisoning is a devastating injury to children throughout the United States. Lead is a neurotoxin that affects a young child’s developing central nervous system. Children are especially vulnerable to the effects of lead poisoning.
The degree of lead exposure is measured by a blood test. Most often, the diagnosis of lead poisoning is discovered through routine health department tests or pre-school admission examinations. Blood lead levels are measured in “micrograms” or lead per “deciliter” of blood, or”ug/dL.” As determined by the Center for Disease Control, any level over 10 ug/dL is considered to be an elevated level and a child would be at risk. A level over 20 ug/dL is considered high and requires full medical evaluation. A level over 40 ug/dL requires prompt medical attention and a level over 70 ug/dL is critical and can result in coma or even death.
The injuries caused by lead poisoning are well documented. The effects are permanent and irreversible and often become more noticeable as a child ages and the tasks in school become more difficult. A common diagnosis of lead poisoned children is attention deficit disorder and hyperactivity (ADHD), learning problems, speech and language impairments, and decreased IQ. and brain. The treatment for lead consists of removing a poisoned child from the environment, provided a high iron diet, and quite often includes chelation therapy.
Parents of children do have legal rights. If your child suffers lead poisoning injuries, you should contact our office immediately to discuss your case. Call us now at (800) 606-1717 to speak with one of our experienced Michigan child lead poisoning attorneys.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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Children who are victims of medical malpractice often suffer significant injury or death during the birthing process. Birth injuries include cerebral palsy, shoulder dystocia, Erb’s palsy and other injuries that arise during pregnancy or at the time of birth. Defects and neurological injuries caused at or before birth often affect the child and the family for a lifetime.
Medical negligence cases involving children include death and permanent brain damage. Because medical negligence cases are often settled or resolved confidentially, there is no reliable database to show the actual number of children who are victims of medical negligence. Many times the negligence goes unreported due to the parents’ unawareness and/or because the child’s injuries are less than catastrophic or severe.
The legal basis for most medical malpractice cases is the failure of the medical provider to timely diagnose and treat a medical condition or illness. The most common types of conditions or illnesses that give rise to a child medical malpractice case include:
- Birth Injuries & Defects
- Cerebral Palsy
- Erb’s Palsy
- Shoulder Dystocia
- Jaundice
- Meningitis
- Pneumonia
- Appendicitis
- Testicular Torsion
- Lyme’s Disease
- Hip Dysplasia
Parent of children do have legal rights. If your child suffers injuries due to a medical malpractice, you should contact our office immediately to discuss your case. Call us now at (800) 606-1717 to speak with one of our experienced Michigan child medical malpractice attorneys.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases inMichigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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Home injuries are one of the top reasons why children under the age of 3 years visit the emergency room. Nearly 70% of children who die at home from unintentional injuries are age 4 and younger. Young children have the highest risk of being injured at home because that is where they spend most of their time. Examples of these types of accidents include falling down stairs, ingesting poisonous substances, getting electrical shocks or burns, and being subject to cuts or amputations from playing with a sharp or dangerous objects.
A child injured due to a dangerous or defective product may have a claim against the manufacturer or seller of the product that causes the injury. If the accident occurs in someone else’s home, a claim can potentially be made against the homeowner where the incident occurred if the child was unsupervised or permitted to play with a dangerous object or around a dangerous condition. The homeowner’s insurance company of that individual will often pay a settlement to the injured child.
Parents of children do have legal rights. If your child suffers injuries due to household accident, you should contact our office immediately to discuss your case. Call us now at (800) 606-1717 to speak with one of our experienced Michigan child injury attorneys.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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The Centers for Disease Control and Prevention (CDC) reports that there are on average nearly 10 drowning accidents occuring every day. More than one in four fatal drowning accidents involve children ages 14 and younger. For every child who drowns, there are at least 4 others who visit the emergency room for nonfatal submersion injuries. Nonfatal drowning injuries can be catastrophic and and can cause permanent brain damage, including problems with learning and memory, and permanent loss of brain function.
There are certain risk factors that exist for fatal and nonfatal drowning accidents. A major risk factor is the absence of pool barriers; another is the absence of parental supervision. Most pool accidents involving children occur within minutes after the child was last seen alive. Many swimming pool incidents occur because the child has easy access to the water. Drowning incidents that occur in natural settings like lakes, rivers, and oceans increase with the child’s age.
Parents can take certain steps to minimize the risk of a drowning incident. First, it is essential that children be taught to swim at an early age. Most swim schools teach children how to get to the side of a pool and climb out of a pool. Barriers and safety fences are also essential to prevent children from entering into a pool area itself, and pool alarms can alert a parent if a child enters into a pool without their knowledge.
However, there is no substitute for continuous adult supervision both when children are in the pool and even outside of a pool. Do not let children use improper inflatable devices without direct supervision. Toys like “water wings,” “noodles,” and “inner tubes” can give a child a false sense of security, thereby encouraging the child to take greater risks (e.g., venturing out into deeper water). Also, do not engage in other distracting activities like yard work, while children are in the swimming pool. If you are unable to keep constant supervision, pull the children out of the pool until you are able to devote your complete attention to them.
There are several legal theories that are used to pursue claims for children injured in swimming pool accidents. Claims for damages can be filed due to the lack of proper supervision, the failure to have safety devices at the pool (life hook, life preserver, emergency phone), and even poor maintenance at the pool. In pools that are not properly maintained, children can have difficulty with their footing and may not be observable if they are below a filthy water surface. Also, the failure to have functioning pool lights is a major risk factor, especially when children are swimming at night. These vary depending on the type of pool and the location of the pool (residence, school, public, hotel, etc.) where the incident occurred.
Parents of children have legal rigths. If your child suffers injuries due to a swimming pool and water accident you should contact our office immediately to discuss your case. Call us now at (800) 606-1717.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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The Centers for Disease Control and Prevention (CDC) reports that more than 200,000 children ages 14 and younger are treated at emergency rooms each year for playground-related injuries. About 45% of injuries on playgrounds are severe (i.e., fractures, internal injuries, concussions, dislocations, and amputations.) About 75% of nonfatal accidents occur on public playgrounds, with most occuring at schools and daycare centers. Between 1990 and 2000, there were 147 deaths of children at or under the age of 14. Fifty-six percent of these deaths were caused by strangulation and 31% occurred due to falls onto the playground surface. Most of the deaths (70%) occurred in home play areas.
A child injured due to playground injury has a number of potential legal claims. These include claims for both defective equipment, claims for a lack of protective safety measures, and claims for negligent supervision. Since many playground injuries occur on school grounds and during school hours, there are legal obstacles that may prevent a claim, even for a very serious injury, to be filed. It is important to contact an attorney as soon as possible after such an incident so that a prompt investigation can be performed.
Parents of children do have legal rights. If your child has been injured on a playground you should contact our office immediately to discuss your case. Call us now at (800) 606-1717.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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Many children spend a great part of their day in day care or in school. Parents put a great deal of trust in these facilities to provide proper supervision and safe environments for their children. When a child is injured in one of these settings, there are several potential legal claims that can be pursued depending on the nature of the injury and the type of accident.
Possible legal claims for these types of child injuries include the failure to provide proper supervision, the failure to provide safe premises, the failure to keep the child away from dangerous items, and the failure to prevent the child from being injured or bullied by other children. Most day care agencies and schools are insured for these types of claims.
If the child is injured in a public school, there are certain legal obstacles to overcome due to the grants of immunity from being sued that Michigan law gives to public schools. An experienced child injury lawyer will carefully review the facts of the case and advise you whether Michigan law permits the filing of a claim.
Parents of children do have lagal rights. If your child has been injured in school or day care accident, you should contact our office immediately to discuss your case. Call us now at (800) 606-1717.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.buckfirelaw.com We will send the book immediately to you.
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According to the Centers for Disease Control and Prevention (CDC), an estimated 68 million dogs are kept as pets in the United States. More than one million dog bites are reported each year. And there are estimates that an equal number of dog bites (one million) go unreported each year. Of the one million or so dog bite reported each year, about 60% involve an injury to a child. Approximately 70% of dog bite wounds are inflicted on the child’s face. Children ages 5 to 9 have the highest dog-bite-related injuries.
If you plan to have young children and a dog, it is best to adopt the dog while it is young and introduce it to the children during the toddler age. However, dogs need to be introduced to children of all ages. Young toddlers will act differently around the dog than a 10-year-old child will. Children should be involved with the training sessions of the dog. This allows the dog to experience the child as an authoritative figure, thereby decreasing the chances that the dog will bite the child. Children should be involved in other caretaking activities, like feeding, grooming, and bathing the dog.
Parents should never leave young children alone with a dog, particularly if the dog has limited experience with that child. You can teach children to recognize fearful or aggressive behavior in a dog so they can take steps to avoid or minimize the risk of a bite. And finially, parents should set good examples of how to treat the dog. Children tend to emulate their parents’ behavior, which would include the parents’ interaction with the dog.
Parents of children do have legal rights. If your child suffers injuries due to a dog bite and attack, you should contact our office immediately to discuss your case. Call us now at (800) 606-1717 to speak with one of our experienced Michigan dog bite attorneys.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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Other than automobiles, bicycles are associated with more childhood injuries than any other consumer product. More than 70% of children ages 5 to 14 (27.7 million) ride bicycles. This age group rides 50% more than the average cyclist, accounting for 21% of all bicycle-related deaths and nearly 50% of all bicycle-related injuries. More than 130 children die every year in bicycle accidents and approximately 270,000 are treated in emergency rooms for injuries. Nearly half of these children sustain a traumatic brain injury because of their failure to wear a helmet or wear a safe and properly fitted helmet.
Studies have shown that a properly fitted helmet can reduce the risk of bicycle-related brain injuries by as much as 88%. Properly fitted bike helmets can prevent an estimated 75% of fatal injuries to children each year. Motor vehicles are involved in approximately 90% of the fatal bike crashes that happen each year. About 60% of child fatalities in bike-versus-auto crashes occur on residential streets. A child who does not wear a helmet is fourteen times more likely to suffer a fatal crash than one who does. Clearly, the chances of injury and/or death decrease dramatically when a child wears a protective helmet while riding a bicycle.
Parents of children do have legal rights. If your child has been injured in a Michigan bicycle accident, you should contact our office immediately to discuss your case. Call us now at (800) 606-1717 to speak with one of our experienced Michigan accident attorneys.
You should also request our FREE BOOK, “Little Kids, Big Accidents,” which is a parent’s guide to child injury cases in Michigan. You can request it at http://www.Buckfirelaw.com We will send the book immediately to you.
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