Why You Need Legal Guidance from a Child Injury Lawyer
A severe injury can alter a child’s future and affect the whole family. It’s an overwhelming situation no parent wants to face. If your child has been seriously injured, you do not have to deal with the insurance companies on your own. You will need trusted legal guidance from compassionate attorneys. The child injury lawyers at Joye Law Firm have been standing up for injured children and their families for decades.
In South Carolina, the law protects children from injuries caused by others’ carelessness or negligence. Adults have a legal and ethical duty to look out for the welfare and safety of children, specially if injured on school property. If your child has been seriously injured in a preventable accident due to someone else’s disregard for safety in Clinton, your family may have the right to pursue compensation for your child’s medical care and other expenses. Our Clinton child injury attorneys can help you pursue the full compensation that you and your family are entitled to seek to help address your financial concerns.
For 50 years, Joye Law Firm has provided trusted legal guidance to people in Clinton and across South Carolina. Joye Law Firm’s office in Clinton is run by Attorney Davis Rice, who was born and raised in Clinton. Davis shares the community values of his neighbors and is dedicated to having a positive impact on the lives of families in Laurens County who are struggling to overcome serious injuries.
Call or fill out our online form to set up a free, no-obligation consultation about your case.
Common Childhood Injuries in Clinton, SC
Children are active and curious but lack the maturity and experience to recognize many hazardous situations. As a consequence, there are many ways in which a child may suffer a serious injury. An injury on school property can happen or while on the playground at Pine Haven Park. A child may suffer serious injuries in a Clinton car accident caused by another vehicle. A child may be bitten or attacked by a vicious dog that should have been fenced or on under the owner’s control. A child may be attracted to a neighbor’s unsecured trampoline or swimming pool and suffer a life-changing accident.
Our Clinton child injury attorneys at Joye Law Firm handle cases involving the following types of accidents and injuries:
- Daycare injuries
- School accidents
- Playground accidents
- Swimming pool accidents
- Amusement ride accident
- Injuries from unsafe toys or other defective products
Differences in South Carolina Law for Child Injury Cases VS Adults
South Carolina law makes certain provisions when a child is injured in a personal injury accident.
The South Carolina Code of Laws sets deadlines for filing personal injury claims after an accident. Code of Law Section § 15-3-530 stipulates that injury claims must be filed within three years of the accident. However, the length of time allowed to bring a lawsuit may be longer when the accident victim is a child under the age of 18. In situations involving serious child injuries, a minor has until three years after the date of his or her 18th birthday to file an injury claim.
Another important difference involves the element of contributory negligence, a common defense in personal injury and wrongful death lawsuits. South Carolina civil law recognizes what is generally known as the “Rule of Sevens” when evaluating a child’s contribution to his or her own injury. Under this rule:
- A child under seven years of age is incapable of negligence
- A child between seven years of age and 14 years of age is presumed innocent, but the presumption may be overcome with sufficient evidence
- A child 14 years of age or older is capable of negligence
What If My Child Was Injured at a Clinton School?
If a child is seriously injured while at school, the school district may be legally responsible. Children spend many hours at school. Just as parents have a legal responsibility to protect their children, schools and school districts have a legal duty to protect and keep children safe while in the school’s custody. Preventable injuries at school can happen in many ways, including:
- Negligent supervision allowing a child to hurt himself or herself or to be bullied or assaulted by another student;
- Intentional misconduct or predatory behavior by school staff;
- Unsafe premises such as broken playground equipment or unsanitary cafeteria conditions.
South Carolina law shields school districts, employees and staff from legal liability in certain situations.
For example, a child’s parent or guardian is required to sign a release acknowledging that the school district and its staff are not legally liable for injuries arising from a student’s self-administration of medication.
South Carolina Code § 59-63-95 shields numerous types of educational institutions including public schools, school staff, school districts, private schools, and the S.C. Department of Education from liability for injuries to a student resulting from the administration or self-administration of an epinephrine auto-injector, regardless of whether the child’s parent or guardian authorized the administration.
South Carolina Code § 59-63-75(D)(5) states that an athletic trainer, doctor, physician’s assistant, or nurse practitioner who evaluates a student-athlete during an organized sports event or practice and clears the student to return to play is not liable for civil damages (unless the acts or omissions constitute gross negligence or willful, wanton misconduct).
The general concept with a child injury at school is that school staff had an obligation to look out for the safety of your child. If your child has been injured at school in Clinton or elsewhere in Laurens County, don’t hesitate to contact our child injury attorneys at Joye Law Firm to review the circumstances of your child’s injury and discuss your legal options. It is important to consult a knowledgeable lawyer for child injury at School as soon as possible after any school accident.
Injuries Due to Negligent Supervision?
When a school or a daycare does not provide adequate supervision and a child is harmed as a result of that failure, the school or daycare may be held responsible for the child’s injuries.
Teachers, school staff and daycare staff have a legal duty to take care of the children entrusted to their care. When they disregard that responsibility and a child is injured as a result, the child’s parents or guardian may be entitled to take legal action against the school or daycare.
Others who may be liable for negligent supervision include:
- Daycare providers
- Camp counselors
- Youth group leaders
- Other parents
- Foster parents
Negligent supervision applies in situations in which people had clearly defined duties to care for children.
If one student assaults another student, the school system may be liable if the court was grossly negligent in supervising the students and the assault occurred as a result.
An example of another situation when a negligent supervision claim might be in order is if a school teacher or coach develops a sexual relationship with a student and the school system had previous complaints about the employee’s improper conduct with students.
In each case, our child injury attorneys at Joye Law firm evaluate whether the type of supervision was less than would have been provided by a prudent teacher or school employee and whether a legal claim is in order. School systems may be held accountable if there were warning signs that an employee showed predatory behavior toward children and the school system did not take action.
Contact Our Clinton Child Injury Lawyers Today
We understand that you never envisioned your child would be seriously hurt by someone else’s disregard for safety or intentional misconduct. You just want your child to receive all the appropriate medical care to recover. Our attorneys will do everything possible to assist.
If your child has been injured in an accident and you believe that someone else caused the accident, seek guidance from our child injury lawyers at Joye Law Firm to understand the legal options available to you. If your child was seriously hurt in a car crash caused by another driver or at school, let our compassionate attorneys review the circumstances and discuss your rights during a free consultation.