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Monday, July 13, 2015

Texas Campground Sued After Child Struck With Arrow

What are the civil procedures involved in suing on behalf of a child in Texas?

In Texas, minors must be represented by an adult in order to advance a personal injury lawsuit against an individual or business. Oftentimes, lawsuits on behalf of child plaintiffs are filed by the victim’s parent or guardian, and captioned “In re” or “In the matter of.” From there, the child – through his or her representative – sets forth the factual allegations just as he would as an adult, including establishing the defendant’s duty to the plaintiff and the causal connection between the defendant’s conduct and the resulting injury to the child. 

Child suffers injury following birthday party catastrophe

According to a recent lawsuit filed in Dallas County, Texas, a 7-year old boy was severely injured after being struck by an arrow during archery practice at a popular resort area. Allegedly, despite the absence of staff or supervisors, children were engaging in target practice with actual archery equipment. The child, who had gone to retrieve his arrows from his target, was hit in the head with an arrow launched by his own brother, who did not realize the child was standing in the target area. 

According to the complaint, the resort should have implemented a better monitoring system of the children engaged in archery practice, and should not have allowed the children to participate in such a dangerous activity unsupervised. As a result of the injury, the child is expected to suffer lifelong consequences and need medical treatment costing at least $2 million. Sadly, the injury occurred amidst the child’s birthday party celebration – one the parents will never forget. 
Settlements and verdicts in favor of children

If a child is awarded a sizable verdict or settlement following a personal injury, these monies are usually placed in trust until the child reaches a certain age. A trustee – who could be a parent, close relative, or financial institution – manages the money during this time. Oftentimes, these trust assets are used for the medical care and treatment of the child, as well as to provide for the family’s expenses in the event round-the-clock care is required. 

If you are considering a personal injury lawsuit or would like to discuss your options with an experienced lawyer, please do not hesitate to contact the Dallas, Texas Sawicki Law Firm today at (888)468-8844.

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