WITTENSTEIN & WITTENSTEIN

SPECIALIZING IN HELPING INJURED CHILDREN

DIFFERENT RULES FOR DIFFERENT CASES

If you are wondering “What should I do if my child is injured, ” the first thing to do is get your child medical care.  You must figure which insurance will apply so that your child can get care immediately.  Once the injuries are being addressed, its time to consider whether the injuries were preventable had proper care been taken.  Consider whether the child was injured in:

1. A Traffic Accident – pedestrian, passenger or bicyclist
2. Using an unsafe product – a dangerous toy, a harsh soap, etc.
3. An unsafe condition – poor lighting, a crack in the sidewalk, a swimming pool with no lifeguard or a poorly trained guard.
4. Medical Malpractice – The care received did not help the child, worsened the child’s condition or failure to correctly diagnose the child.
5. Other types of negligence

LIABILITY SITUATIONS SPECIFIC TO CHILDREN

The best way to know for sure if you can sue to recover damages for your child’s injuries is to call an experienced personal injury lawyer and discuss the facts of the case.   When a child is involved, things that seem like the child’s fault may actually be something an adult should be responsible for preventing.  For example, New York Law requires a four-foot fence around pools.  If a homeowner doesn’t have a fence the law calls this an “attractive nuisance,” and the owner is responsible if a child trespasses on their property and hurts themselves in their pool.  Another example is a child crossing the street between cars on their way to school, (along with 100 other kids going to that school at that time.)  A driver would be expected to notice that the streets are full of kids and take extra care.  So, if you are wondering, “What should I do if my child is injured,” a good start is to consult with an attorney that specializes in injuries to children.  There may be more that can be done than you think.

Please feel free to call us for a FREE CONSULTATION to find out if you have a case for injuries to your child.  Call 718-261-8114 for an appointment.