Category: Children Injuries

Update on Parental Negligence and Liability in Personal Injury Cases Involving Children

In an earlier blog post CAM LLP canvassed what happens when a child is injured while a passenger in a vehicle driven by a family member. A recent decision from the New Brunswick Court of Appeal, Edmondson v. Edmondson, 2022 NBCA 4, granted summary judgment to the legal representatives of a five-year-old child against his father for injuries suffered while a passenger on the father’s motorcycle, and found the father liable squarely on the basis of his parental negligence.

The case highlights the high degree of care that a parent must take while transporting their child, should the worst happen and they are in a motor vehicle accident. Continue reading

Injuries to School Bus Riders – What You Need to Know

It is every parent’s worst nightmare –  “School bus impaled by logs after collision north of Edmonton in Barrhead,” were the headlines in all the Alberta media outlets on November 2, 2021. Logs on a turning logging truck swung out and went though the side of the school bus. Unbelievably, and thankfully, no one was seriously injured but these types of random accidents can befall children riding as passengers in a school bus, with disastrous results.

A 2008 Final Report reviewing school bus collisions for Alberta Transportation recorded that every day in Alberta more than 5000 school buses were used to transport over 265,000 young Albertans to school. Continue reading

Safety Tips for a Happy and Safe Halloween 2021

Trick-or-treating is back! For those who celebrate Halloween, this is a wonderful time of the year. For an experienced plaintiff’s personal injury lawyer, however, Halloween can be a hazardous night. It’s never a bad call to review Halloween safety tips.

Children and teenagers, decked out in Halloween costumes, will be out and about, going from house to house to gather treats from strangers, frequently in unknown neighbourhoods and in darkness. And don’t forget people of all ages attending Halloween parties where alcohol or drugs may be in the mix.

There’s also a new issue to consider this year: many children are, as yet, unvaccinated. Continue reading

What happens when a child is injured while a passenger in a vehicle driven by a family member?

The leading cause of death for Canadian children is unintentional and preventable accidents, according to Raising Canada 2020,  a report produced by non-profit children’s welfare organization Children First Canada. Further, data from the Public Health Agency of Canada published in Injury in Review, 2020 Edition confirms that a major cause of serious injuries and death for Canadian children is transportation collisions.

In most cases, children are passengers, not drivers, and it is often a family member who is driving. No one wants to cause injury to a child, let alone a parent or family member, but accidents can happen at any time. Continue reading

Halloween: the Scariest Night of the Year for Personal Injury Lawyers

Halloween, steeped in its Celtic origins, has been embraced as a fun holiday by most Canadians, including children, teenagers, and adults. For those who celebrate Halloween, this is a wonderful time of the year. For an experienced plaintiff’s personal injury lawyer, however, Halloween can be a very scary night.

Young children, decked out in colourful costumes idealizing what they would like to be, or dressed as their favourite pop culture character, will run from house to house to gather treats from strangers, frequently in unknown neighbourhoods and in darkness. Teenagers will gather for raucous Halloween parties with their friends, frequently indulging in alcohol or drugs. Continue reading

School’s out! Summer Safety Reminders for Drivers, Parents, and Kids

Summer is well underway, and school is out for elementary, junior and senior high school age children. The summer means more kids on bikes, skateboards, and on foot (plugged into their smartphones). It also means an uptick in young people learning to drive. All of these things increase the potential for injuries to children. For drivers, this means you need to tune up your “kid radar” and drive defensively with a view to doing your part to ensure their safety and to protect yourself against liability.

In Alberta, ss. 185 and 186 of the Traffic Safety Act create a reverse presumption against drivers, such that if there is a collision between a motorist and a non-motorist (for example, a collision between a car and a child walking or on a bike), the onus is on the driver of the vehicle to prove that the accident did not arise solely because of their negligent operation of the vehicle. Continue reading