When a child suffers injuries, a different set of legal standards applies to personal injury claims. Mainly, the differences lie in the level of care the at-fault parties owe children injured in the accident. The increase in level of care is a legal obligation and relates to the way a “reasonable” adult would act in order to ensure the safety of the child. Adults who fail to act reasonably to prevent injury to a child could be held liable if their negligence causes the child’s injury.
This level of care applies to many different situations.
One example is children riding a bicycle in neighborhoods. Children riding bicycles do not act the same way that adults on bicycles act. Children might swerve their bicycles suddenly across the road, or act in an unpredictable fashion. Adult drivers should know that children have the potential to act in unpredictable ways. Therefore, a reasonable adult should drive more cautiously where children may be present, and give children on bicycles more space. Alaska courts may consider failure to do so as negligent, especially if injuries occur.
Another example is adults caring for children. Sitters are held to a higher standard of care than adults simply around other adults. Adults caring for children should use extra caution to ensure the safety of that child, especially in new places.
The fact of the matter is, we all have a legal responsibility to ensure the safety of children.
When negligent adults fail in their responsibilities, causing a child to suffer injuries, the at-fault party could be held financially responsible for the child’s injuries. If your child suffers injuries due to another person’s negligence, it is up to you to advocate for your child.
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do. ~ Ward Merdes
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