Never assume that a child was at fault in an accident, even if the circumstances seem to suggest that the child may have been at fault. Where an adult may only have themselves to blame for injuries suffered the same set of circumstances may still allow a child to make a claim.
The younger the child is the less able they are of recognising danger and making proper decisions about their safety. This is why children will run out into the road without looking or why they may play in dangerous areas which look like good fun.
The fact that children cannot fully appreciate the dangers around them means that the court will expect adults to act with greater caution when children are around.
A driver going at 30 mph down a residential street with cars either side may still be at fault for injuries caused to a child running out in front of them. 30 mph is a maximum speed limit and the driver should be going at a speed which is safe for the road they are driving along.
The owners of a building site are required to take reasonable steps to make sure it is safe even in the case of trespassers. If the owner knows that children may get onto the site then they are required to do more to make it safe than if the only risk was adults. If they do not then they may be at fault for a child’s injuries when they would not be for an adult.
At NewLaw we offer a free initial interview to look into whether your child may have a claim and to help you through what can be a difficult and lengthy process.
Contact NewLaw
NewLaw Solicitors
tel: 0845 521 0945
fax: 0845 521 0946
info@new-law.co.uk
NewLaw Briefing Papers
The Motor Insurance Regulation Bill - 3rd Update from NewLaw Solicitors.
Personal Injury Claims Management Regulation - An Update from NewLaw Solicitors
The Motor Insurance Regulation Bill - Briefing Paper from NewLaw Solicitors