Can you be blamed for your child’s sledding accident? Read on to learn how you can help prevent injuries and avoid partial blame for any serious trauma.

How can I protect my child against sledding injuries while also preventing my liability for negligence?

 

A:

child crashing on sledWhen your child is severely injured in a downhill accident, the first action you must take is ensuring his injuries are treated. No matter the external injuries, all accidents should be treated as severe—a minor bump on the head or nose bleed could be indicative of a larger problem. Once his medical needs are addressed, you can then turn your attention on the legality of the situation.

When pursuing an injury claim on behalf of your child, it’s important to know that Washington is a comparative fault state. Comparative fault means that an accident can have multiple responsible parties. Therefore, in addition to the inherent difficulties of pursuing a claim, you’ll also face the very real possibility that the insurance company will try to shift blame in your direction. Rather than admitting fault, adjusters will suggest that you were partly to blame for your child’s injuries, and consequently responsible for his recovery. 

Safety Measures That Can Help You Avoid Partial Negligence

However, by taking steps to protect your child, you can not only decrease his risks but also decrease the risk of liability accusations. These steps include the following:

  • Address safety awareness and importance. Talk to your child about the risks involved with sledding. Let him know that braking can be difficult, and high speeds can cause control issues.
  • Explore the sled site. Sliding and tubing sites should be scrutinized before a sledding adventure. Research the area online as well as in person. An ideal spot should be clear of brush, set far away from parking lots and roads, and smooth grounds. Remember that snow can cover potentially hazardous obstacles, so if possible, try to find a photo of the area that was taken before the snow began to fall. This will allow you to map out certain areas and avoid any surprise stumps or debris that could be hidden.
  • Keep an eye on clothing conditions. In addition to making sure your child is appropriately dressed for the cold weather, you must also monitor his clothing throughout the day. Melting snow, sweat, and mud can all seep into the fabric, and lead to a loss of body heat and eventual frostbite or hypothermia. Periodically check your children and ensure that their clothing remains dry and any exposed areas of skin are not chapped.
  • Confirm equipment safety. Never allow your child to use a broken sled, toboggan, or snow-tube. Inspect all equipment thoroughly before use to ensure their stability and safety.
  • Monitor energy levels. Tired bodies make mistakes. Therefore, although your kids may be reluctant to stop playing, you must be the parent and insist on breaks to rest and warm up.
  • Secure experienced legal representation. Filing a personal injury claim, even a straightforward and easily provable claim, can be distressing. Pursuing a claim on behalf of an injured child, on the other hand, especially a claim where liability can be shared, is enough to make anyone give up.

With the help, guidance, and resources of the Andrew Kim Law Firm, PLLC, there’s no need to worry. Attorney Kim has been helping parents like you build strong injury claims for their children for over 25 years. Contact our office today via telephone, email, or chat to allow his experience to work for you and your family. Trust us, once you’ve secured representation, the compensation process will be all downhill from there. Call now!