Can A Child Assume The Risk Of An Activity That Leads To A Personal Injury In Rochester?

Children can suffer personal injuries while involved in a variety of different activities, and it helps to have an experienced Rochester personal injury lawyer evaluate the circumstances surrounding injuries to a child to determine whether a claim for damages may be brought.

In cases where a child was voluntarily participating in an activity and was injured, it is not unusual for insurance companies and defense lawyers to argue that the child is not entitled to any compensation because the child “assumed the risk” of his or her own actions.

In New York State, there is no hard and fast rule regarding how old a child must be to have the mental capacity to understand the risks involved in a given action or activity.

Clearly, very young children are incapable of assuming the risks of most activities because they have no understanding of the dangers involved.

Older children may be able to understand that there are risks involved in certain activities, such as playing sports, but not have the experience to understand the risks involved in other activities.

As a result, each situation must be evaluated on its own merits based both on the action that led to the injury and the individual child’s ability to grasp any potential dangers.

Also, while an older child may have the capacity to understand certain risks associated with an activity that could lead to personal injury, this does not mean that a child injured while involved in that activity is automatically barred from pursuing a personal injury claim.

For example, a child playing organized soccer may be old enough to understand the risk of colliding with another child and assume that risk when choosing to play.

The child probably has not, however, assumed the risk of falling because the playing field he or she was required to play on was poorly maintained and had ruts in the surface.

Colliding with another player is a risk normally associated with playing organized soccer, while a negligently maintained playing area is not.

If your child has been injured due to negligence, we are experienced personal injury lawyers who can help you determine if you should pursue compensation. Please call us at 585-484-7432.

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