Personal injury claims: How to get justice when children get hurt

BY MICHAEL ODUNLAMI

Accidents involving children are sadly common in Nigeria but rarely recorded. Sometimes they happen in schools, on playgrounds, in daycare centers, or even on the road and at home. Many parents and guardians simply accept these incidents as “unfortunate events” or “the will of God” and as such carry the burden of medical bills and long-term care alone.

But the truth is, the law provides protection for children who are injured because of someone else’s carelessness; just like adults. So, understanding these rights is important if we intend to seek justice for our children if they get injured due to another person’s carelessness.

Let us delve into the pathetic story of a young Tunde, a nine-year-old boy in Lagos. One Monday morning, he rushed to the playground during break time at school and jumped on a swing. Unknown to him, the swing was not in good working order. Within seconds of swinging, the chain of the swing broke, and Tunde crashed to the ground, breaking his arm and sustaining some serious bruises on his skin.

Following the accident, the school rushed him to the nearby hospital for medical attention. His parents were left with a heavy bill they could barely afford as the school denied liability. The management of the school expressed sympathy but said the school could not be held responsible because “accidents happen.” This is certainly not true because the school owes Tunde a duty of care, which means the school must protect him against any harm or injury whilst under their care. Following such false assertion or denial of responsibility by the school, many parents stop at this point, not knowing that the law says otherwise.

In law, children are considered to have “legal disabilities”, which means they cannot take legal action by themselves, but the law allows a parent, or guardian called a “next friend” in law, to act on their behalf should they decide to commence an action against the school or persons in court. More importantly, adults and institutions owe children a higher duty of care because they are vulnerable and cannot always protect themselves from harm or injuries. In cases where the wrongdoer is found to be negligent, the child, through his parent or guardian, has the legal right to seek justice through a personal injury claim, by asking the court to award money compensation called damages against the wrongdoer.

There are many other incidents where a child may suffer harm. Tunde’s case is not isolated as there are many cases like Tunde’s. It may be a child who is knocked down by a careless driver, pupils falling into uncovered drains in the schools. There has also been a case where a toddler sustained serious burn injuries in a daycare center, because a member of staff left hot water within reach of the pupil. Notwithstanding the circumstance, in all of these cases, the law recognises the fact that those who failed to act responsibly (taking reasonable care to protect the pupils from harm) should bear the consequences.

It is a known fact that many parents never pursue claims even when negligence is clear. They simply accept their losses and move on. Some do not even know that children have these rights. Others fear the cost of legal action or feel powerless against schools, hospitals, or local authorities, especially where the school or authority is “big”. The truth is that the bigger the school or authority, the more likely the child will get compensation compared to “mushroom” schools with no means. However, in most cases, institutions deny responsibility, leaving parents and children to suffer in silence.

Parents and guardians must come to the realisation that personal injury claims involving children are not about being difficult or seeking quick money. They are about ensuring the child’s future and safety is protected. A broken bone today might cause problems later in life for the child. The injury may even relapse, leaving the child helpless. On the other hand, where the injury is serious and the scar is visible, the said scar may affect the child’s confidence and self-esteem. Equally, where disability is involved, such could reduce the career opportunities of the child as well as deny them some opportunities like sports years down the line.

It is true that accidents may sometimes be unavoidable, but many child injuries are caused by negligence of those who were supposed to protect them from harm and ensure their safety. Schools should maintain safe facilities. Local authorities should cover open drains. schools, creches, daycare, playground owners, and caregivers must act responsibly to protect children under their care. On their own part, parents must know their children’s rights and take steps to protect them by ensuring their children are left in custody of responsible institutions or people.

This article is only meant for general understanding only and not a legal advice. If your child has suffered any harm or injury due to someone else’s carelessness or negligence, either in school, or playground or anywhere for that matter, it is advisable to seek legal advice from a qualified personal injury lawyer who may be able to help you even if you do not have means of funding the case because some lawyers may be able to take up your case on a “No win No fee” basis. Every child deserves not just care but also justice when wronged. Protecting them today means safeguarding their future and career prospects tomorrow.

Michael ‘Lekan Odunlami, Esq. is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected]