Child Injury Lawyer Blog
By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In New York and other States, there is a danger to children in most schools, parks, and sporting venues. The danger is in the form of a bleacher. Due to the height of bleachers, curiosity of children, and lack of safety awareness of children, there is a risk of injury and even death from falls related to bleachers and / or other elevated levels at schools, parks, and sporting venues. Because of these known risks, it is vital that schools, day care centers, parents, babysitters, relatives, and other child care providers closely monitor and supervise children at these events. Make sure that the children are properly seated and get assistance as needed when walking up or down stairs.
In Spring Valley, New York, it was reported that a 3 year old boy fell 25 feet from bleachers while attending a game with a relative. He was transported by ambulance to a local hospital for evaluation and testing. It was reported that while the child fell a great distance – the child did not suffer serious personal injuries. The child had been sleeping and then rolled off the back of the bleacher seating through a gap between the seat and the railing. For more information regarding this incident, see Child Survives Fall from Bleachers at Sporting Event.
When a child is injured at a school, day care center, or sporting event, it is vital that the child receive emergency medical evaluation and treatment as needed. Cases involving fall related injuries may be pursued as a claim or case depending the facts and circumstances surrounding the personal injuries. In most cases, the parent must prove the following elements:
1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.
Even the facts support the above legal elements, there will also be practical considerations by a Child Injury Lawyer when evaluating a particular or potential claim or case. In some instances, there may be comparative fault on the part of the child or parent. These and other facts must be considered by the Child Injury Lawyer when making a decision as to whether or not to accept a case for legal representation.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Sports Related Injuries, Playground Injuries, School Injuries, Day Care Center Injuries, Homeowner’s Insurance, and other topics. You can receive this book for free at The ABCs of Child Injury.