Accidents involving children must be handled delicately and patiently. The injury and hospital visits are traumatizing on their own, and the child should be protected as much as possible from the effects of a lawsuit. Competing with the desire to insulate the child from the lawsuit is the need to provide as much treatment as possible to minimize the effect of the injury and to monitor the child through adolescence and all developmental milestones.
Special evidence must be developed to counter un-realistic expectations
There are special considerations involved in advancing case on behalf of children. Many times they play a role in their own injury. However, they are just children, and special evidence must be developed to counter un-realistic expectations. Were warning signs written in a language above their reading level? Did the particular child have the cognitive ability to appreciating the risk and consequences of the given activity? We have been successful, for example, in advancing claims against school boards for improper shop projects, improper playground equipment, and improper supervision on school trips.
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