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The Complicated Question of Child Injury and Liability

Written by The Fein Print Category:

By: James E. Shepard

Lawsuits involving children are sadly encumbered with extra layers of complexity. There are intensified emotions usually felt by all involved, and also an overwrought responsibility to help the injured minor who may be too young to grasp what’s going on.

There is a statute of limitation for filing lawsuits that involve a personal injury for a child. As with most legal claims, the time limit varies by state and differs depending on the nature of the claim.

In New York and New Jersey, the statute begins after a child’s eighteenth birthday. At that time, the law that pertains to the type of claim goes into effect. One exception applies to medical malpractice cases, where the statute of limitations may be extended.

It’s highly recommended that the parent or guardian of an injured child does not wait any longer than necessary to file a lawsuit. Legal actions that require depositions or testimony are best handled when parties involved can rely on the most sound and accurate memory of the incident.

Negligent supervision can be claimed for children, the elderly, and employees. It’s unfortunate that these claims are necessary at all, but more heartbreaking that the most common negligence cases are due to child injuries. To sue for negligent supervision, you need to show, among other things, that the defendant agreed to supervise your child and that the child was hurt because of the inattentiveness of the defendant. When a child is left to the supervision of another (whether a babysitter, teacher, or neighbor), that guardian is responsible for the child’s well-being.

Premises liability laws are in place to protect families if a child is hurt on someone else’s property. To file a suit against a defendant in charge of a property for a premises liability injury, you must, among other things, show that the child was not properly cared for and that the defendant’s carelessness was a major contributor to the child’s injury. There are many different types of personal injuries that can be considered premises liability cases. A few examples are swimming accidents, playground injuries, and dog bites.

Children are entitled to the same damage claims as adults, including pain and suffering, permanent injury or disability. Parents or guardians of the child can be compensated for medical expenses and other financial losses.

If unfortunate circumstances require the assistance of an attorney or a law firm or if you have any questions regarding this article, please feel free to contact us on behalf of your child.

For more information please contact via email James E. Shepard or by phone at 973-538-4700 ext. 120.

Fein, Such, Kahn & Shepard, P.C. is general practice law firm of more than 50+ attorneys serving clients in New Jersey and New York. For over 25 years the firm has offered innovative solutions to businesses and individuals in the areas of asset protection business planning, civil litigation, creditor representation in the areas of foreclosure, bankruptcy and collections, elder law, family law, personal injury, tax, and trusts and estates. For more information, go to

This Article does not constitute legal advice nor create an attorney-client relationship.

© Fein, Such, Kahn & Shepard, P.C., all rights reserved. Permission is granted to reproduce and redistribute this article so long as (i) the entire article, including all headings and the copyright notice are included in the reproduction, and (ii) no fee or other charge is imposed.

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