During the summer, many Leamington personal injury lawyers often deal with suits after injuries to children. During the summer, many children go to camps away from home or become active in municipal sports programs. It’s important for parents to understand their and their children’s rights under the law if they have become injured as the result of negligence in such programs.
Legal Rights of Minors
Unfortunately, some injuries sustained by a child in a sporting program, camp program, or even on municipal or private property can be long-term or even life-altering. But a child is a minor. How does this affect his or her ability to be compensated for any injuries sustained in such an accident? Although Canadian law allows for injured children to recover compensation for their injuries, a personal injury claim involving a child has some specific nuances to consider.
A Greater Duty of Care for Children
Children must be given a greater duty of care than adults by an occupier under premises liability laws. The liability is in proportion to the child’s ability to foresee and avoid dangers and is considered differently from the rules of negligence as it involves adults. It also must be determined whether the child is an invitee, a licensee, or a trespasser. The duty of care is somewhat different for a child who has trespassed on another’s property.
A Parent or Guardian Must Bring the Suit
A child cannot bring an injury case to court. This must be done by the parent or “litigation” guardian. This person acts in the interest and well being of the child. If evidence is being given by a child, the court will determine whether the child understands the meaning of an oath. If not, evidence is still received although not under oath.
The Cognitive Understanding of the Child
The court will often test the child’s ability to understand their duty to only telling the truth. In this case, a child will be questioned about whether they consider lying right or wrong and promising to only tell the truth. Because a child’s evidence is crucial, evidence must often be corroborated if not given under oath.
The Difference in Duty of Care
Common law requires that a reasonable person should especially guard the safety of children. If a defendant neglects that duty toward a child, it is even a more important distinction than a personal injury claim brought by an adult.
Results can be very different where a child is concerned, especially when it comes to negligence and injuries. Not only must the defendant be aware of the possibility of danger, but he or she can be liable because of a duty to foresee not only the presence of children but understand and make provisions for their natural curiosity.
Proving Damages
Proof of damages can also be far more complex in a long-term injury. If the injury is so severe that it will follow the child into adulthood and affect his or her economic or educational opportunities, it can become extremely complicated.
When it comes to premises liability laws, the representation of a child is quite a bit more complex than an adult and should only be undertaken by an experienced Leamington personal injury lawyer. Call the legal professionals at AM Injury Law to understand your legal rights if your child has been injured.