Friends and neighbors often help each other out by agreeing to watch one another’s children while they run some quick errands or keep a doctor’s appointment. While the kids are playing together and appear to be having a good time, a fight can erupt in a matter of minutes. Small children are more prone to lash out in a physical way because their verbal capabilities are limited. Hitting another child when fighting over a toy may be a common occurrence. Filing a lawsuit for child hitting another child may be extreme; yet supervising parents may find the victim’s parents can collect through their homeowner’s policy when their child becomes injured.
Examining the Facts of the Case
Personal injury claims are primarily based on establishing negligence and being able to prove liability. Whether the victim has grounds for a lawsuit will largely depend upon certain factors, such as:
- Was the child in a professional daycare setting and the teacher to child ratio was violated?
- What was the extent of the child’s injuries? Did the hit result in the victim falling to the ground and suffering a serious head injury, broken arm or had their teeth knocked out?
- The age of the children will be taken into account
- Did this happen at school and was a result of negligent supervision?
Children have a propensity to right and hitting is a natural reaction amongst youngsters. If a particular child has been aggressive towards other schoolmates and the school did nothing to prevent future harm, they may be held legally liable for injuries sustained.
Case Law Can Set a Precedent Regarding Liability
Every state has laws regarding how victims can recover damages for personal injury claims. The Supreme Court in each state has the right to overturn verdicts by lower courts. A legal precedent can be set when the Supreme Court establishes a landmark decision, such as the case of Kellerman v. McDonough in the State of Virginia.
In a November 2009 ruling handed down by Chief Justice Leroy Hassell of Virginia, he stated, “When a parent relinquishes the supervision and care of a child to an adult who agrees to supervise and care for that child, the supervising adult must discharge that duty with reasonable care. The supervising adult must discharge his or her duties as a reasonably prudent person would under similar circumstances”. This was in response to a case that the lower court had previously dismissed for wrongful death. This type of ruling may have strong legal repercussions for parents who agree to watch other people’s children and they can end up paying out thousands of dollars to the victim.
Do You Need Legal Guidance?
Making the decision to file a lawsuit against others when your child is injured can be an emotional time. While parents want to keep their kids safe, accidents do happen through no fault of another. Contact a personal injury attorney for legal advice about your case before proceeding to what could be costly and time consuming litigation.
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