When a child gets injured, it is a traumatic experience for the entire family. The child has a right to sue for damages against the person that caused the injury. Under the Family Law Act, parents and siblings can also claim damages along with the child. Usually the parent can act as the Litigation Guardian to bring the lawsuit.
When a child gets injured and brings a lawsuit, their parent can be named as a defendant. The parent or guardian may have given permission for the child to engage in the activity that lead to the accident, or was involved in the accident itself or the parent failed to properly supervise the child in the event.
The permission can be as simple as allowing the child to go play with friends, walk to the corner store or neighbour restaurant.
If the parent is the Litigation Guardian and they are named as a defendant, that parent can no longer act as the Litigation Guardian and must have their own lawyer, separate from their injured child.
At O’Connor Richardson we are experienced in defending parents against negligent claims in their child’s injury. We understand the stress that an injured child can have on the family. We work to reduce the stress and work with your child’s lawyer and Litigation Guardian.