Children are a delight, but they’re also wily—parents who turn their backs for a second are often shocked at the situations in which kids find themselves. If a child has been hurt on someone else’s property, their parents often want to know whether they can file a lawsuit against the property owner. Here are answers to some of the most common questions regarding children and premises liability suits.
What is the Statute of Limitations?
For most personal injury cases, the statute of limitations runs until two years after the initial injury or incident. However, there’s a major exception for children. You can bring a suit on behalf of your child (or they can bring one themselves), starting from the date of the injury and up to two years after they turn 18. This is codified under Ohio Revised Code 2305.16.
However, there are exceptions, such as when your child is injured on public property.
Who Can I Sue When My Child Is Injured on Public or Private Property?
If your child was injured on private property, there are often a number of parties who can be held liable. Owners, managers, businesses and other relevant parties are responsible for keeping their property free of both hidden and obvious hazards.
When your child is injured on public property, however, you’ll usually need to file an administrative claim (within six months) against the government entity that owns the property. If they deny the claim, you have just six more months to file a formal lawsuit. It’s crucial to talk to an attorney as soon as possible after the injury.
What Kind of Damages Are Available?
Like adult premises liability cases, plaintiffs may receive damages to compensate for medical bills, ongoing rehabilitation, and more. In egregious cases, you may be able to recover money for pain and suffering, loss of enjoyment of life, and emotional distress, too.
Can I Sue if My Child Got Hurt While Trespassing?
Yes. Certain kinds of features, such as swimming pools, play equipment, canals and tunnels, have been deemed so tempting to children that they require additional protection to keep trespassing children away. This is called an “attractive nuisance.” The idea is that children are too immature to comprehend the danger that these features present, so the property owner has to take extra steps to restrict access—even if the child would have to trespass to get to them.
Call an Ohio Personal Injury Attorney Today
When your child has been injured on someone else’s property, you may be able to recover compensation for their medical bills, pain and suffering, and more. I’ll Make Them Pay!® Call my office at 877.944.4373 today for more information.
