Injuries to Children
Like adults, children may also suffer injuries due to the negligence of others. Many times these injuries are caused by unsafe recreational environments. Swimming pools, trampolines, monkey bars, and camp grounds normally should be safe environments for children; however, if the are not adequately maintained, they can cause a serious injury to a child. Children also suffer injuries from products such as defective bicycles, cribs, defective gym equipment or defective or unsafe toys. Under the laws of the State of New Jersey, the manufacturer of a product may be held strictly liable for injuries caused by their products. In today’s world, many products are imported from foreign countries such as China. Often such other countries manufacture products with less rigid safety standards. As a result, New Jersey’s product liability laws hold the importers and distributors of such products accountable for defects of their products.
Children also love and enjoy animals, especially dogs. Too often, innocent children are attacked by dogs, leaving permanent physical and emotional injuries. Scars and injuries caused by dogs are generally covered by the owner’s do owner’s homeowner’s insurance policy.
Children usually have good safety instincts; however, despite such instincts, they may be injured by a car, bus or truck as a pedestrian or on a bicycle. Unfortunately, too often the official police report appears to blame the child and exonerate the driver. Only through careful accident reconstruction will the true circumstances surrounding the accident be discovered.
We have also represented children who have suffered injuries from intended acts of horseplay. Although the “horseplay” was intentional, the injury and consequence were not intentional. Upon legal analysis, the law provides a remedy for the innocent victim of such horseplay.
The unfortunate combination of children and matches may result in burn injuries which require extened hospitalization. These injuries may have been foreseeable and avoidable by a vigilant adult. In certain cases, an adult may be held responsible due to negligent supervision. Childredn can also be burned from fires, explosions, acid, oven explosions, or hot oil.
The most heartbreaking cases involve children who suffer an injury due to medical malpractice, the most devastating of which are birth-related injuries. These cases require a careful examination of the facts and circumstances to determine exactly what went wrong, since the medical records often do not tell the entire story. A lawyer who handles these cases must consult with physicians who are willing to examine their fellow physician’s conduct and determine if that physician deviated from acceptable medical standards. Davis, Saperstein & Salomon has the expertise and experience to handle birth-related injuries to children.
In New Jersey, a special fee accomodation is made for children, and for that reason the contingency fee charged by Davis, Saperstein & Salomon, P.C. is at a reduced percentage of 25% . (See R.1-21-7 for full terms). All settlements involving children must be approved by a Superior Court Judge in a proceeding known as a friendly. Although the statute of limitations in New Jersey is two (2) years for negligence cases, for minors the statute of limitations for non-medical malpractice cases is extended to two years after their 18th birthday.
The statute of limitations for children injured at birth is rather complex. We recommend that you consult with an attorney shortly after learning that your child suffered a birth related injury to preserve valuable and useful evidence.
Children may also be injured before birth, in utero from harmful medications taken by unknowing mother. Medications such as antidepresants can cause birth defects. Exposure to toxic substances at work can also cause birth defects in children.
For further information about injuries to children, contact partner Garry R. Salomon at garry@dsslaw.com. You may also reach him on his private cell phone at 201-870-1776.
