Q

Get a Free Consultation

(215) 985-0777

    Spam Filter:  

    Q
    Get a Free Consultation

      Spam Filter:  

      Children Slip & Fall Accidents – Legal Rights to Compensation in Pennsylvania

      Children injured in Pennsylvania slip and fall or trip and fall accidents may receive financial compensation for their injuries. Our injury lawyers discuss child injury accidents, including: who the parties are, what to expect, the types of claims available and the time deadlines to file.

      Who are the Parties?

      The Plaintiff

      When a child is injured in any kind of accident, like a fall accident at a playground or an auto accident, there are two potential lawsuits. One belongs to the child, and the other belongs to the parents/guardians.

      In Pennsylvania, a child who is injured in a fall accident has a cause of action against the negligent party. The claims for compensation are limited to losses or injuries the child suffered. Typically, the sole claim is for pain and suffering, which includes physical pain, mental or emotional trauma, physical scarring, etc.

      In addition, the parent or legal guardian would have their own, separate claim for medical bills and other expenses incurred or paid on behalf of the injured child. Parents do not have their own claims for the child’s pain and suffering. Those claims belong to the child.

      In the underlying lawsuit (Child v. Negligent Party), the parent or guardian would file the lawsuit on the child’s behalf. If the parent or guardian incurred expenses for the child’s injuries, the parent/guardian may also have their own claim, which is subject to a 2 year statute of limitations period. See below for a full discussion on time deadlines in child injury cases.

      The Defendant

      Under PA law, any person or business whose negligent conduct causes injury to another person may be held liable. In fall accident cases involving children, defendants often include stores, malls, and businesses that cater to children, such as children’s museums, play grounds or parks. In addition, private individuals may be defendants in cases where a child trips and falls on a sidewalk or at another person’s home.

      Also, government entities may be liable for injuries that happen on public grounds, like a playground. For example, a child is playing at their local township playground and trips over a large tree root that has invaded the playground area. The local township is responsible for maintaining the playground and may therefore be liable.

      What Can You Expect?

      The steps in a child injury lawsuit are no different than in personal injury lawsuits involving adult plaintiffs. Once the case is filed, the parties will work up the case. This includes exchanging information and evidence about the case, as well as deposing witnesses.

      Once the case is worked up from an investigation standpoint, the parties will prepare their cases for trial. This is basically getting your ducks in a row, i.e., preparing witnesses, trial exhibits, etc.

      However, most child injury cases settle before trial. In fact, the odds of going to trial in a child fall accident case are pretty low. Only about 1 out of 10 cases will go to trial. This is true in Philadelphia, Delaware County and Montgomery County.

      What is the Time Deadline?

      Under Pennsylvania law, children have until they reach the age of 20 to file their lawsuit. However, it is not advisable to wait that long to take legal action, especially when the injury occurs earlier in life. Valuable witness information and evidence becomes harder to locate as time goes on.

      Parents only have 2 years from the date of the incident to file claims to receive compensation for their financial losses (medical bills, out of pockets, etc.) due to their child’s injury.

      Waivers of Liability in Child Fall Accident Cases

      One issue that comes up in child fall accident cases in Pennsylvania is the impact a signed waiver has on the child and parent’s legal rights. For example, a child goes to a jump/trampoline park and trips over wires that aren’t taped properly on the floor. The child’s parent signed a waiver for their child. Does the waiver affect the case?

      Typically, Pennsylvania courts only apply waivers as to the parent, not the child. Parents are not legally allowed to sign away the rights of their children. So, when a parent signs a waiver for their child, the waiver will be applied to bar the parent’s claim for financial compensation. The waiver will not be applied to the child’s claim.

      However, it is up to the defendant to produce the signed waiver. In some cases, due to poor record keeping or issues with electronic waivers, the defendant may not be able to produce the valid, executed waiver. In this case, the parent’s claim would survive, assuming the time deadline is met.

      Personal injury cases accepted in Philadelphia, Delaware County, Montgomery County, and throughout other parts of Pennsylvania and New Jersey.

      FREE CONSULTATIONS (215) 985-0777

      {

      You made the whole process so easy. Not once did I ever think you didn’t have my best interest in mind or even doubted the seriousness of my issue. I felt like I could email you to get an update at any point and you got back to me so quickly.

      {
      5
      L. F.
      {

      Jordan Namerow is a lawyer who goes above and beyond. I would highly recommend him to anyone seeking legal representation on a personal injury case.

      {
      5
      April G.
      {

      I had a fabulous experience using Jordan Namerow as my attorney. He was knowledgeable, personable, honest, responsive, and best of all, easy to talk to. 

      {
      5
      Tara D.
      {

      Jordan is a great lawyer. He is very efficient, loyal and supportive. I would recommend him to anyone. He gets the job done. 

      {
      5
      Terrance M.
      {

      Mr. Jordan Namerow a very good attorney, I would recommend him in a heart beat. The company is good, just good all around. Thank you.

      {
      5
      Kim O.
      {

      I really thank you for helping me with everything, best lawyer ever.

      {
      5
      Pablo D.

      Who Is Liable for a Slip, Trip or Fall Accident at a Philadelphia Business?

      Philadelphia Fall Accidents - Who is Liable? Page last reviewed and updated: July 1, 2020 When customers are hurt in a slip and fall or trip and fall accident at a public business, like a restaurant, museum or bar, what are their legal rights?  Pennsylvania law allows...

      Trip & Fall Injury Claims in Philadelphia, Delaware & Montgomery Counties

      During the 2020 quarantine, residents of Philadelphia, Delaware and Montgomery counties are increasing grocery store and big box store visits, while decreasing other daily activities like driving. People are also walking or exercising outdoors more, especially since...

      Statute of Limitations for Slip & Fall Accident Lawsuits in Pennsylvania

      Individuals hurt in slip and fall accidents in Pennsylvania often don’t seek legal help until it’s simply too late to take action. The average PA resident usually isn’t aware that they have legal rights after a fall accident. By the time an injured individual seeks...

      Slip & Fall Accidents in Pennsylvania – Insurance Claims

      Many slip and fall accident victims don’t know that their cases are often covered by an insurance policy belonging to the home or business where the accident happened. Injured pedestrians can get compensated via insurance policies of store owners, home owners, etc.

      Slip & Fall Accident Law in Delaware County, PA

      Fall Accidents – Common on Sidewalk & Parking Lots In Delaware County, slip and fall accidents usually occur on sidewalks or parking lots in both businesses and residential areas such as shopping malls, stores, apartment complexes, etc. Fall accidents can also...