As a parent, the safety of your child is a top priority. However, accidents can happen anywhere, and children can get injured due to someone else’s negligence. Fortunately, Kentucky has child injury laws that protect children and provide legal options for recovery.
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Kentucky Child Injury Laws
Kentucky laws define a minor as anyone under the age of 18 years old. The state allows for the possibility for children to sue, though they may not sue solely in their name. A guardian or representative must file the case on their behalf as a "next friend."
Kentucky also follows comparative negligence laws that help determine fault in injury cases. Comparative negligence recognizes that there may be more than one party responsible for an accident. In Kentucky, the amount of damages awarded to plaintiffs is reduced by the percentage of fault the plaintiff held in causing the accident.
Common Types of Child Injuries
The most common types of injuries that children sustain are:
Playground Injuries
Playground injuries are common among children of all ages. They often result from a lack of proper supervision or negligent use of playground equipment. Common playground injuries include broken bones, head injuries, cuts and scrapes, and injuries caused by falling objects.
Motor Vehicle Accidents
Motor vehicle accidents are also significant causes of child injuries. Children are at a higher risk of getting injured in a car accident because they are more vulnerable than adults. Common injuries are broken bones, head injuries, spinal cord injuries, and in some cases, even death.
Swimming Pool Injuries
Swimming pool injuries are also frequent among children. Children can get hurt in swimming pools due to a lack of supervision, inadequate fence or protective measures, or faulty pool equipment. Drowning is a leading cause of swimming pool injuries among children.
Dog Bite Injuries
Dog bites are prevalent among children, and the injuries can range from mild to severe. Children are at a higher risk of getting bitten by dogs than adults because they are likely to approach dogs and lack the physical strength to repel aggressive dogs.
Recovery Options for Children Injured Due to Negligence
If your child is injured due to someone else’s negligence, there are several recovery options available:
Personal Injury Suit
A personal injury lawsuit is a legal option that can help compensate for the damages resulting from your child’s injury. The plaintiff’s legal team will gather evidence and establish negligence on the part of the defendant. The compensation sought may cover medical expenses, lost income, pain and suffering, and other damages resulting from the injury.
Premises Liability Claim
If your child is injured on someone else’s property due to the owner’s negligence, you may file a premises liability claim. The claim seeks compensation from the owner responsible for the property where the accident occurred.
Product Liability Claim
If your child is injured due to a defective product, you may file a product liability claim. The claim seeks to hold the responsible party accountable for injuries resulting from product defects.
Statute of Limitations
Regardless of the recovery option you choose, there is a statute of limitations that affects the time frame in which you must take legal action. Under Kentucky’s statute of limitations, you must file a personal injury lawsuit within one year of the date of the incident causing the injury. This deadline may vary based on the circumstances surrounding the incident, so it’s wise to contact an experienced personal injury attorney for guidance on your specific case.
Conclusion
As a parent, it’s important to know your child’s legal rights in the event of an injury caused by someone else’s negligence. Kentucky child injury laws provide avenues of recovery that parents can use to compensate for the damages resulting from the injury. If your child is injured under these circumstances, contact an experienced personal injury attorney to discuss the legal options that may be available to you and your family.