Child Injury Law

Injuries to children often arise from motor vehicle collisions, such as when the child is riding in a family car, on a bus, or on their bicycle. Injuries may also occur due to unsafe conditions on property, including playgrounds, schools, daycare centers, and private homes. Many child injury claims stem from defective products, such as dangerous toys or faulty child safety seats, which can expose manufacturers, distributors, and retailers to liability. Harm to a child can also result from dog bites or animal attacks. Errors during childbirth or medical treatments may give rise to medical malpractice claims.

Special Rules Affecting Liability

Child injury cases often follow the same principles as cases involving adults, but sometimes children are subject to specific rules. For example, a rule known as the attractive nuisance doctrine may apply in premises liability cases to features that entice children, such as swimming pools and trampolines. Owners must secure or safely maintain these features to prevent injuries even when children trespass.

Meanwhile, schools and daycare centers have a duty of supervision. If a child is harmed because of inadequate supervision, these institutions may be liable for negligent oversight or for failing to enact proper safety measures.

Federal and state product safety laws often heighten obligations for products intended primarily for children, such as strollers, cribs, and other childcare items. These are just some examples of ways in which proving liability for child injuries may raise distinctive issues.

Damages in Child Injury Cases

A child injury lawsuit generally involves two forms of legal claims. One belongs to the injured child, and the other belongs to the parents or guardian. The child seeks damages for losses individually sustained, including physical pain, emotional suffering, and long-term care expenses for treatment that extends beyond the age of majority. If a permanent disability will affect the child’s future earning capacity, damages may address that reduced ability to work.

The parents or guardian can pursue a separate claim to recover financial costs they have paid or incurred. This claim includes medical bills and related expenses and may also include lost wages if they had to leave work or reduce hours to care for their injured child. In certain circumstances, courts examine whether the parents’ conduct contributed to the injury, which may affect the amount they can recover.

Procedures in Lawsuits Involving Children

When a child files a legal claim, courts in many jurisdictions appoint a guardian ad litem to protect the minor’s best interests during the lawsuit. This neutral representative can be an attorney or another qualified individual who ensures that any proposed settlement or judgment is fair and equitable. A court typically must approve any settlement on behalf of a minor. This approval process verifies that the sum offered is sufficient for the child’s losses and that the arrangement serves the child’s well-being.

In cases that lead to substantial monetary awards, courts often allow structured settlements or require that funds be placed in a restricted account. Structured settlements invest the child’s compensation and disburse it through regular payments, typically beginning when the child reaches adulthood. This arrangement helps safeguard the award and ensures the child has resources for ongoing or future needs.

Statutes of Limitations and Tolling

Every jurisdiction enforces deadlines for filing lawsuits, known as statutes of limitations. For child injury cases, many states follow a tolling rule that pauses the standard filing period until the minor reaches the age of majority. If a state has a two-year statute of limitations, for example, the child may have two years from their 18th birthday to bring a personal claim. The parents’ separate claim for their costs, however, commonly adheres to the usual statute of limitations dating from the time of injury.

Child Conduct and Standards of Negligence

If a child has contributed to their own injury, states may apply comparative or contributory negligence rules. Under comparative negligence, the child’s recovery is reduced by any percentage of fault the child bears. Under contributory negligence, which a few states retain, an injured party found even slightly responsible may be barred from any recovery. There’s also a distinction between “modified” comparative negligence, which limits or bars recovery once the plaintiff’s fault reaches a certain threshold, and “pure” comparative negligence, which allows recovery regardless of the degree of fault, reduced proportionately to that fault.

However, courts do not judge children’s actions by the same standard used for adults. Instead, a “reasonable child” standard evaluates whether a child of the same age, intelligence, and experience would have acted differently. Young children, often under the age of seven, may be presumed incapable of negligence. Thus, a defendant couldn’t use a defense based on comparative or contributory negligence to avoid or minimize their liability.

Last reviewed May 2025