Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

What Are My Legal Options If a Child Is Hurt by Negligence?

Published on May 2, 2018 at 12:10 pm in Personal Injury.

When people act negligently, they put other people at risk. Whether it’s a property owner not salting walkways or a manufacturer pushes a product on to the market too early, negligence can cause injuries that could affect people for the rest of their lives. When children are harmed, there’s a chance it could hurt their development or traumatize them.

If a child has been hurt by negligence, you need an experienced lawyer to fight for your rights. An Omaha personal injury attorney from Welsh & Welsh can help you. We proudly represent the citizens of Nebraska and believe in standing up for people who can’t stand up for themselves. We’ll work tirelessly to get you a favorable settlement.

How Can a Child Get Injured on Your Property?

As a property owner, you’re in charge of making sure the property is maintained and safe for people. The walkways need to be salted, staircases need to have stable railings, and any furniture that’s broken or areas that need to be fixed should be done in a timely manner.

Without proper maintenance, children can be injured from the following:

  • Slip and Fall Injuries. Spills or wet flooring that isn’t mopped up quickly or doesn’t have a slip warning means someone could unexpectedly walk in that area and slip.
  • Poorly Maintained Areas. Carpets with holes in them or walkways that are full of debris could make people trip and fall.
  • Poor Lighting. Areas that are dimly lit or don’t have enough lighting to safely navigate through it puts people at risk of falling or colliding with something.
  • Uneven Flooring. Floors that have holes or aren’t level could make people fall and injure themselves. This could be particularly dangerous on staircases.

These issues can cause sprains, broken bones, or concussions. Head injuries are especially dangerous for children because they’re still developing. Issues with cognition or memory may affect how children learn or interact with the world around them.

How Can a Product Injure a Child?  

Products need to go through many stages before reaching the market. Unfortunately, mistakes and negligence can happen at any phase and make the product dangerous for use. Products can become unsafe because of the following:

  • Mislabeling. The packaging could have misinformation or not demonstrate how to use the product safely.
  • Issues with Design. Products that haven’t undergone rigorous testing could become safety hazards. Severe design flaws could have electrical problems or become fire hazards.
  • Issues with Manufacturing. Unsafe materials could be used to make a product for less money. This could affect a few of the products or an entire group.

Most of these kinds of claims have a statute of limitations, meaning that the injured person has a set amount of time in which they can file their claim. If the miss the deadline, they won’t be able to file their claim. However, the cases with children are different. In some states, they may have until age 18 or 21 to file a claim.