If your child has been burned due to negligence on the part of another person or company in Massachusetts, you have the right to file a Massachusetts personal injury lawsuit. There are certain requirements that you must fulfill in order to build a winning case and a Massachusetts child injury attorney can help you do just that.
First, you will need to prove that the defendant was negligent in their actions (or lack thereof). This means that based on the standards of a reasonable person, the defendant either should have refrained from acting, or acted differently, than they did in the situation that caused the harm to your child.
For example, if your child’s babysitter or daycare provider was not on the premises when your child was burned, this would count as acting negligently. The babysitter was paid to provide supervisory care for your child and they did not fulfill this obligation.
Second, you will need to prove that the defendant acted inappropriately in the context of this legal obligation and that is what caused the harm. So, if the babysitter went outside to smoke a cigarette and she left a pot of boiling water on the stove within easy reach of your child and your child was injured by the hot water, then this would qualify as negligence.
Third, a Massachusetts court will need proof that your child’s burn injury could have been prevented. In this case, the circumstantial evidence would prove that there was no need for the babysitter to leave your child alone. Also, as part of the babysitter’s training as a child care provider, she should know the basic safety hazards posed to children in residential settings.
To support these claims you can bring in expert testimonies and federal and state statutes as proof. For more information on child burn injuries, visit our library.
The Massachusetts child injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting you and your child’s best interests and helping your family collect the damages you need and deserve to move on with your life after a devastating child burn accident. Contact Phillips & Garcia today to schedule your FREE legal consultation – (877) 892-5620.