Child Injury Lawsuits in South Carolina
Yes, a lawsuit can be filed on behalf of a minor child for an injury to that child in South Carolina. However, because minors (individuals under the age of 18) cannot file lawsuits on their own, a parent or legal guardian typically must file the lawsuit on behalf of the child as the child's Guardian ad Litem. This process involves acting as a "guardian ad litem" in the legal proceedings. An experienced injury attorney in South Carolina can help the parents of the minor or one of the custodial parents to be appointed as the child's guardian ad litem for an injury case for the minor child.
Important Considerations
- Statute of Limitations: The statute of limitations for personal injury cases in South Carolina is generally three years from the date of the injury. However, in South Carolina when the injured party is a minor, the statute of limitations may be tolled for the child (paused) until the child reaches the age of 18. You should always immediately consult with an attorney licensed in South Carolina about the specific circumstances of your case to be sure of the applicable statute of limitations for your situation and/or injury involved that occurred in South Carolina.
- Settlements: Settlements for minors often require court approval to ensure that the settlement is in the best interest of the child.
- Damages: The lawsuit can seek compensation for medical expenses, pain and suffering, loss of enjoyment of life and other applicable damages.
It is advisable for parents or guardians to consult with a personal injury attorney experienced in handling cases involving minors to navigate the legal process effectively.
Child Injuries at Hotels in Myrtle Beach
Child safety is a critical concern for families staying at hotels in South Carolina, particularly in popular tourist destinations like Myrtle Beach. If hotels fail to provide safe environments for its guests, then accidents and injuries can occur. Here are some common causes of child injuries in hotel settings:
- Swimming Pools: Drowning is a significant risk, especially in unsupervised or crowded pool areas.
- Balconies: Falls from balconies can result in severe injuries, emphasizing the need for secure railings and supervision.
- Elevators and Escalators: Accidents involving elevators and escalators can occur if the elevator is not properly maintained.
- Slips and Falls: Wet floors, especially near pools or bathrooms, can lead to slips and falls.
- Furniture: Heavy or unstable furniture may break if oversued and not maintained correctly by the hotel.
To mitigate these risks, hotels can implement safety measures such as proper signage, secure pool gates, and adequate staff training.