• 22 July 2011

Making a child accident claim

by Macks Solicitors

It is healthy for a child to be curious and active but this will inevitably lead to accidents. Parents have a responsibility to supervise their children and protect them from hazards which are preventable.

Every year, over 35,000 children visit A&E departments after injuring themselves with a toy or part of a toy. Most of these injuries happen to toddlers aged between one and three (figures from Child Accident Prevention Trust). Parents can protect their children by making sure their toys are age appropriate and have a safety mark. Most accidents involving toys happen when someone trips over them so it is important to encourage children to tidy up after playing. However, sometimes despite parents’ best efforts, manufacturing faults may mean that children are injured.

If this is the case, you may be able to make a child accident claim for compensation.

In 2007, more than 18 million toys were recalled by a major toy company after it was discovered that some of them contained lead paint. Other toys were found to have small magnets that could come loose and present a choking hazard. The problem was eventually traced to a Chinese sub-contractor but the incident has lead many parents to question the safety of toys made in China and to call for stricter safety standards.

In another case in 2008, a pushchair manufacturer agreed to pay compensation to 40 children who had lost fingertips in the hinges of their pushchairs. The payments will vary depending on the severity of the injuries and will be available when the children reach 18. Some of the children had to undergo surgery to reattach the finger tip or have skin grafts, whilst others have lost the tip entirely. The firm was forced to recall one million pushchairs in the US but refused to take the same action in the UK, stating that the design was different. The parents of the children involved hope that their cases will raise awareness of the issue and put pressure on manufacturers to make sure designs are safe.

There are many other types of hazards for children, both in and out of the home. Every day, an average of 45 children aged under five are admitted to hospital after a fall. In 2008/09, that equated to 16,000 children over the course of a year. Another 27,000 children aged 5-14 are also admitted to hospital every year after a fall (figures from Child Accident Prevention Trust). Falls are one of the most common causes of childhood accidents and can result in broken bones or cuts and grazes.

If your child has been injured in an accident that could have been prevented, you may be entitled to compensation. In serious cases, compensation could help pay for rehabilitation, including home adaptations. A compensation payment would also take into account any earnings you have lost as a result of caring for your child after their accident and future lost earnings of your child.

Highlighting where something has gone wrong can also protect children from future accidents.

Earlier this year a 21 month old toddler died after a workman left a plug with exposed wires in his playroom. Work was being carried out at the house to install an oven. The toddler found the plug and put it into a socket. He was electrocuted when he touched the exposed wires and died as a result. It was ruled that the toddler would not have died if the workman had tidied up properly. He should have taken extra care because of the age of the child but instead assumed that someone else had tidied up the plug.

Incidents such as this one are entirely preventable but can have tragic consequences. If your child is injured, probably the last thing you would think of is claiming compensation. However, a child accident claim could help maintain financial security at a difficult time. An experienced solicitors firm, such as Macks, will treat a child accident claim with sensitivity and maintain high professional standards. Our experts have many years of experience in child accident claims and will be able to guide you through what information is needed and how the process will work. Like you, our primary consideration is achieving justice for your child.

We can also advise you if your child is injured in a car accident. Child injury compensation law works differently to adult injury compensation law so it is advisable to speak to a specialist about the details of your case. Many of our clients come to us after someone they know recommended us. We have a built up a reputation for quality, customer-focused service and achieving results for our clients.

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