As a parent, you want to ensure your child’s safety. But you can’t always be around your child every second of every day. Your child spends hours at school, or they visit a friend’s house on the weekend for a playdate.
It’s probably not something you’re expecting, but kids are kids, and accidents can occur. Your child could have been climbing a tree and fallen to the ground, breaking an arm. Your child could be playing a game of tag and tripped, resulting in a twisted ankle. So, what can you do if your child sustains injuries on someone else’s property?
Who is responsible?
Generally, if someone allows children to play on their property while under their supervision, they can be liable for any injuries that your child receives. This form of negligent supervision is applicable because the other party is taking responsibility for the children’s safety while in their care.
Should I file a claim?
No matter how well you know the other parents, filing a claim can present an awkward situation. Before you consider serious legal action, here are a few steps you should take first:
- Seek medical attention immediately. Your child’s well-being comes before pointing fingers and lawsuits. Take your child to the doctor to check on their injuries. It’s also useful to have a doctor’s diagnosis in case you choose to pursue legal action.
- Understand what happened. Once your child has received medical care, ask your child to explain what happened. The other parent may have warned your child to avoid certain areas of the property, but your child may have played there anyway. Consult with the other parent to verify your child’s version of the story. If it turns out that the other parent was not paying attention or did not offer an adequate warning of any dangerous areas of their property, you may have grounds for filing a claim.
- Discuss the situation with the other party. If you determine that the other party was at fault, it’s essential to your child’s injuries with them. If the other party accepts the responsibility of the injury due to their negligence, they may offer to pay for any medical costs.
If the other party offers to pay the medical costs associated with your child’s injuries, then you don’t need to bother with pursuing legal action. However, if they do not accept responsibility despite being at fault, you may have cause to file a premises liability claim.
You have the right to protect your child and request compensation for their suffering. An experienced attorney can provide you with the help you need when filing a claim.