As a parent, you never want to see your child get hurt, and if they get hurt in a public place, you may be wondering if your family is entitled to compensation. There are multiple elements to consider.
1. Was the Responsible Entity Negligent?
Land tends to be privately or publicly owned. If it is public land such as a park or a walking path, there is generally a government body charged with taking care of that area. To get compensation if your child has been injured in a public space, you need to prove that the entity charged with taking care of that space was negligent.
For instance, let's say your child turned an ankle whilst running through a soccer pitch in a municipal park. The fall was the result of an animal hole. The council knows about the infestation, but it failed to take any remediation efforts to remove the animals, and it also failed to post signs warning you of the potential dangerous holes in the pitch. A case like that may constitute negligence.
2. Did You or Your Child Contribute to the Accident?
In most compensation or liability cases, the issue of contributory negligence comes up. This is when the injured party actually caused some of the accident. For instance, let's say a child was hit by another bicycle while riding down a path.
Your compensation lawyers may argue that the council was negligent because the path was not well lit or the corner was too sharp to avoid the accident. However, at the same time, the opposing legal team may argue that your child contributed to the accident by riding in an unsafe manner or not using lights. Ultimately, if you or the child is judged partially responsible, that can lower the amount of compensation to which you are entitled.
3. Did the Injury Cost You Financially or Emotionally?
Generally, if the injury was minor, you may not be entitled to any compensation. However, if the injury caused you to incur costs related to medical care (or even ancillary costs such as parking fees at the hospital or purchasing alternative treatments), you may be entitled to compensation.
Other costs to consider include lost time at work or increased care costs for your child. Additionally, if the accident hampered your child's ability to live life as fully as usual, you may even be entitled to compensation for pain and suffering.
To learn more, contact a compensation attorney.Share