Understanding your rights when a child is injured due to negligence
When a child is hurt due to someone else’s negligence—whether in a car crash, at school, on a playground, or from a defective product—Ohio law allows a parent or guardian to take legal action on their behalf. These lawsuits can recover compensation for medical bills, pain and suffering, and long-term impacts on the child’s life and future. Ohio courts oversee child settlements to ensure fairness and protect the child’s financial interests.
Your child is likely both your greatest joy and (sometimes) your biggest worry. You worry about their making good decisions, but you probably worry most about their safety.
When it comes to child safety and injuries, there are some things we can control and lots of things we can’t... but we can certainly try.
However, if your child is seriously injured, do you know your legal options? Can you recover compensation to cover their injuries? What if your child injures someone else (we know kids do dumb stuff)—are you liable?
Common child injuries in Ohio
The Ohio Department of Health reports that injuries are a leading cause of death among children and young adults. The most frequent types of child injury fatalities include:
- Motor vehicle collisions, which are the leading cause of death among children.
- Drowning, also a significant cause of death, particularly for young children.
- Suffocation, which is particularly prevalent in infants and toddlers.
- Falls and burns, which are leading causes of injury in children under 2 years old.
Childhood injuries can happen in a wide variety of settings and situations, and many fall into predictable patterns involving specific environments, activities, and ages.
Injuries at home
The majority of childhood injuries—especially in young children—happen at home. Common hazards include:
- Falls from stairs, bunk beds, furniture, windows, or backyard equipment. Toddlers and preschool-age children are particularly vulnerable; falls are the leading cause of nonfatal injuries in children under 14.
- Burns and scalds from hot liquids, stove surfaces, curling irons or unattended candles often occur in unattended kitchens or bathrooms.
- Poisoning, such as accidental ingestion of medications, cleaning products or batteries, frequently happens when these items are stored within a child’s reach.
- Choking and suffocation from food, small toys, cords, plastic bags, or unsafe bedding can lead to airway obstruction; this is especially dangerous for infants and toddlers.
- Drowning in bathtubs, toilets and backyard pools is a major risk—a child can drown in just a couple of inches of water. Most drownings for children under age five occur at home.
Injuries at school, childcare, or camp
Often, liability for a child injury that happens at school, daycare, or camp could be on the provider if there was negligence. These can include:
- Playground accidents can occur from poor supervision, unsafe equipment, or hard ground surfaces that result in falls and head injuries or broken bones.
- Sports-related injuries like concussions, broken bones, sprains, or heatstroke could happen in organized team sports or physical education classes.
- Transportation accidents include injuries while riding a school bus or during school field trips. This could include multiple parties such as the driver, school district, or a third-party bus contractor.
- Bullying or assault could be the liability of the school if it fails to take reasonable steps to protect against a known threat, such as physical fights or attacks by other students.
- Camp hazards, including slips-and-falls, swimming accidents, or injuries during supervised outdoor activity, are within the camp’s duty of care to provide safe facilities and adequate staff training.
Injuries outdoors or in public spaces
Children can be injured anywhere a child could be… literally. There are a variety of accidents that happen in parks, neighborhoods and recreational facilities.
- Bicycle or pedestrian accidents are often the result of collisions with motor vehicles. Often, these happen because of poor visibility or lack of supervision. A driver could be held liable if they fail to exercise reasonable care around children.
- Dog bites and animal attacks are especially common in children under 10. In Ohio, a pet owner is strictly liable for bites unless the child provoked the animal or was trespassing.
- Injuries from defective products like faulty toys, strollers, furniture, or clothes can cause serious harm. These can result in Ohio product liability lawsuits against manufacturers or retailers.
Most childhood injuries happen in the hours after school or on weekends or in summertime, when supervision might be limited and children are engaging in a lot of physical activity. There are different types of injuries that are prevalent among children at certain ages.
| Infants and toddlers | More likely to suffer burns, falls, and suffocation |
| School-aged children | Common injuries include playground falls, bike crashes, and sports injuries |
| Teenagers | Increased risk from car crashes, sports trauma, and intentional injuries (e.g., assaults) |
Who is liable for an injury to a child in Ohio?
The premise of personal injury law is that the plaintiff (injured person) may be made financially whole, or restored to the financial condition they would be in if the accident hadn’t happened. This can be the case if the defendant was negligent, or failed to take reasonable care to avoid causing an injury.
When a child is injured, the law considers not only the cause of the injury but also who might have been negligent or owed a duty of care. Unlike adults, children are seen as more vulnerable and less capable of protecting themselves, so courts might impose higher safety obligations on individuals and institutions responsible for their care.
School, camp, or daycare facilities
An institution like a school, camp, or other child care center acts in loco parentis, which means “in place of the parent” during the hours in which the child is in their care. They have a duty of care to protect all children from foreseeable harm. This means:
- Providing adequate adult supervision
- Maintaining a safe facility and equipment
- Responding promptly to a hazard or injury
- Hiring and training competent staff
A school or camp could be liable in situations that include (but aren’t limited to) a student injured in a preventable playground fall because of broken equipment, a child being bullied or assaulted after repeated complaints are ignored, or a camper who suffers heat stroke because staff failed to monitor water intake. Negligence is when the school or camp breaches its duty and that failure directly leads to the child’s injury.
Teachers, coaches, and supervising staff
The school or camp, itself, can be sued but the plaintiff may also hold an individual staffer liable if their personal actions were negligent or reckless.
For example, if a child was injured because a teacher left them unsupervised during recess, the teacher could be liable. Another example would be if a sports coach forces a child to continue to play or practice after the child is showing signs of a concussion, and they suffer futher harm as a result.
Ohio courts may also consider immunity protections under the law for public employees—but these protections do not apply if the staff acted with reckless disregard or gross negligence.
Property owners and premises liability
If a child is injured on someone else’s property (home, business, park), the property owner could be liable under premises liability laws. This is most likely if:
- The hazard was known to the property owner (or reasonably should have been known)
- The child was invited or legally permitted to be on the property
- The owner failed to warn or correct the danger
Dog owners and animal attacks
Ohio follows strict liability for dog bites and attacks under Ohio Revised Code § 955.28. Under the law, a dog owner is automatically liable if their dog injures a child, even if the dog has no history of aggression, unless the child was trespassing, committing a crime, or provoking the dog.
Drivers and vehicle owners
If a child is injured in a car crash, pedestrian accident, or bicycle collision, the at-fault driver might be liable for negligence. Special care is required when driving near schools, parks, and residential areas. For instance, if a driver speeds through a school zone and hits a child crossing the street. Another scenario might hold a municipality liable for poor signage or road maintenance if a child is hit at a poorly marked crosswalk.
Manufacturer of defective product
If a child is injured by a dangerous toy, playground equipment, crib, car seat, or similar, the injury might trigger a product liability claim against the manufacturer, retailer, or distributor.
A product liability claim is based on a design defect, manufacturing error, or the failure to warn of a danger or label appropriately.
The Ohio Attractive Nuisance Doctrine
The attractive nuisance doctrine in Ohio is a legal principle that holds a property owner liable if a child is injured by a dangerous condition on their property that was likely to attract children, even if the child was technically trespassing.
Typically, a property owner owes very limited duties to trespassers, but this elevates the duty when it comes to children.
Under this doctrine, an Ohio property owner can be liable if:
- The owner knew or should have known children were likely to trespass.
- The condition is unreasonably dangerous and poses a risk of death or serious injury.
- The child was too young to understand the risk.
- The burden to eliminate the danger is small compared to the risk.
- The owner failed to take reasonable steps to protect against the hazard (e.g., fencing, warnings).
Children are not held to the same legal standard as adults when it comes to understanding danger. If a property has something that might be appealing to a child—like a swimming pool, trampoline, or construction site—the owner must take precautions.
Importantly, part of the doctrine is that the child must have been injured because they were attracted by the condition—not simply injured after they were already trespassing. This doctrine applies to younger children, but usually not teenagers or older children. It doesn’t automatically make the property owner liable—the plaintiff must still prove negligence.
Who can file a lawsuit for a child in Ohio?
A minor (individual who is younger than 18 years old) cannot file a lawsuit on their own in Ohio. The law allows a designated adult to file on their behalf.
The people who may file a lawsuit for an Ohio child’s injury include:
- Parent or legal guardian
- Biological or adoptive parent may initiate the lawsuit
- Court-appointed legal guardian may also do this if the parents are unavailable or unfit
- The adult acts as the child’s “next friend,” which is the legal term for a person who represents a minor in court
- Guardian ad litem (GAL)
If there is a conflict of interest between the parent and child (for example, the parent is wholly or partially at fault for the injury), the court can appoint a guardian ad litem, which is a neutral third party who advocates for the child’s best interests. This is often used in complex personal injury lawsuits, or in custody or abuse cases. - The court
The court must approve any settlement awarded to the child. The funds may be placed in a court-supervised trust or restricted account until the child turns 18. An Ohio court might require that a large settlement go through probate court for additional protection and oversight.
For example, if a child is injured in a school bus accident, the parent might hire a personal injury attorney to file the claim on the child’s behalf. If the settlement exceeds a certain amount (typically $25,000 or higher), the court will become involved to ensure that the settlement is fair and the child’s money is protected.
What damages can a child receive in an Ohio personal injury lawsuit?
- Medical costs that include past, current, and future medical needs related to the injury. Ohio law allows parents to directly recover for the medical expenses they paid or will pay, and this is often a separate portion of the case.
- Lost earning capacity if the injury is severe enough to affect the child’s ability to work in the future. This could include lost future wages, reduced career opportunities, and long-term vocational limitations. It is based on what the child could have earned if the injury hadn’t happened.
- Pain and suffering for physical and emotional pain that the child has and will continue to experience because of the injury. This could include chronic pain, disfigurement or scarring, emotional trauma, anxiety or depression, and loss of enjoyment of life.
- Permanent disability or disfigurement, if the injury led to permanent physical or psychological harm. This might be additional compensation awarded to reflect the long-term impact on the child’s development, appearance, and quality of life.
- Loss of consortium may be filed by the parents, referring to the loss of the child’s companionship or services because of the injury, and emotional distress experienced by the family because of the injury’s impact on the child. This is a separate claim filed by the parent, not part of the child’s direct damages.
Parent or guardian responsibility for injuries caused by an Ohio child
Sometimes, the tables are turned. Your child could be responsible for someone else’s injuries—so, what’s your role as the parent or guardian?
In Ohio, parents can be held financially liable for:
- Willful or malicious acts committed by their minor children (up to $10,000 in damages under Ohio Revised Code § 3109.09)
- Assaults or personal injuries caused by their child (under § 3109.10)
This is not automatic negligence, but liability attaches when a child causes foreseeable harm and the parent failed to act responsibly—such as not supervising, ignoring warning signs, or allowing access to weapons or dangerous tools.
Do you need to file a lawsuit for a child’s injury in Ohio?
If you’re navigating a case involving a child injury—whether your child was harmed or caused the harm—consulting with a personal injury attorney is essential. These cases often involve special legal standards, exceptions, and heightened responsibilities for adults, institutions, and caregivers.
If you’re considering filing a personal injury claim on behalf of a child in Ohio, it’s crucial to consult with an attorney who understands the legal and financial safeguards involved—especially when dealing with future needs and court-supervised funds.
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