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Children are naturally curious and active, but when accidents occur due to someone else’s negligence, the consequences can be life-changing. At Davis Law Collective LLC, we understand that child injuries require special legal considerations, as children are more vulnerable and may not fully understand the risks involved in everyday situations. Our firm is dedicated to protecting the rights of injured children and helping families secure the compensation they need for medical care, long-term recovery, and emotional well-being.
In child injury cases, New Jersey law considers several factors when determining liability, including the child’s age, maturity, and the duty of care owed by the responsible party. In many cases, minors are treated differently than adults under the law, as they are not expected to exercise the same level of caution or judgment as an adult would in similar situations.
Children can suffer injuries in many different ways, but some of the most common causes of accidents include:
Car Accidents: Minors can be injured as passengers, pedestrians, or bicyclists due to reckless or distracted driving.
School & Daycare Injuries: Negligence by teachers, caregivers, or unsafe facilities can lead to serious injuries.
Playground Accidents: Faulty equipment, poor supervision, or hazardous playground conditions can contribute to injuries.
Slip & Fall Accidents: Unsafe property conditions, such as wet floors, broken sidewalks, or unguarded staircases, can cause serious harm.
Swimming Pool Accidents: Drownings and near-drownings due to negligent supervision or lack of proper safety measures.
Defective Products & Toys: Dangerous toys, car seats, or cribs that fail to meet safety standards can cause harm.
Dog Bites & Animal Attacks: Owners are responsible when their pets injure a child, especially if the child was lawfully on the property.
Minors are treated differently under New Jersey personal injury law in several key ways:
Children Are Held to a Different Standard of Negligence
Unlike adults, minors under the age of seven are presumed incapable of negligence under New Jersey law. This means that even if the child’s actions contributed to the accident, they are not legally considered at fault.
For children over seven, courts assess whether they acted with the level of care expected from a child of the same age, intelligence, and experience rather than comparing them to an adult standard.
In some cases, parents may be held responsible for their child’s actions, particularly if the child caused harm to another person or property. However, when a child is the victim of negligence, the responsibility typically falls on the property owner, caregiver, or another liable party.
New Jersey follows the Attractive Nuisance Doctrine, which protects children from hazardous conditions that might draw their curiosity. Property owners can be held liable if a child is injured while trespassing due to an unsafe but attractive feature on their property, such as:
– Unfenced swimming pools
– Abandoned buildings
– Construction sites
– Trampolines and playground equipment
Property owners must take reasonable steps to prevent foreseeable harm to children, even if they enter the property without permission.
Since minors cannot file lawsuits on their own, a parent or legal guardian must file a personal injury claim on their behalf. If the case results in a settlement or award, the funds may be placed into a court-supervised trust until the child turns 18.
New Jersey law extends the statute of limitations for minors who are injured in accidents. Unlike adults, who must typically file within two years of the injury, minors have until their 20th birthday (two years after turning 18) to file a claim. However, in cases involving medical malpractice, the statute of limitations is only until the child’s 13th birthday, making it crucial to take legal action promptly.
When a minor is injured due to negligence, families may be entitled to compensation for:
✔ Medical Expenses: Hospital stays, surgeries, rehabilitation, and ongoing treatments.
✔ Future Medical Costs: Anticipated long-term medical care for serious injuries.
✔ Pain and Suffering: Physical pain and emotional trauma endured by the child.
✔ Loss of Future Earning Capacity: If the injury affects the child’s ability to work later in life.
✔ Parental Lost Wages: Compensation for parents who miss work to care for their injured child.
At Davis Law Collective LLC, we know how difficult it is to see your child suffer due to someone else’s negligence. We are dedicated to fighting for justice and ensuring that your child receives the medical care, support, and financial recovery they deserve.
✅ Compassionate Legal Guidance: We treat every case with care and sensitivity.
✅ Aggressive Representation: We hold negligent parties accountable and fight for full compensation.
✅ No Fees Unless We Win: We work on a contingency basis, meaning you pay nothing upfront.
If your child has been injured due to someone else’s negligence, you don’t have to handle this alone. Davis Law Collective LLC can provide skilled New Jersey Child Injury Lawyers to help seek justice and financial security for your family.
