Children and adults with physical disabilities are being helped to reach athletic greatness through the Challenged Athletes Foundation. Rohrstaff Law Firm is a proud sponsor of CAF.
How your child can get into trouble using Facebook and other electronic media.
Challenged Athletes Foundation gets assistance from the Rohrstaff Law Firm in its work to help athletes reach higher and farther and be the best they can be.

Injuries to Children

Children are special. They are vulnerable and don't know it. They need special care. And, when they are injured, their cases are special. Children are not just little adults. Their bodies and brains work differently from ours. And, because they live in this world, children are injured in the same ways that we are. Our interest in helping children is simple: we were children, we know children, we want children to grow and thrive. Our commitment to helping children is clear: grownups need to treat children with great care, and when they don't, they need to be held accountable for the injuries they cause.

The Rohrstaff Law Firm helps parents and guardians get compensation for the losses sustained by their children by the carelessness of others, regardless of the how the injury happens, whether in a motor vehicle, on the playground, or in a swimming pool; whether at a day care provider's facility, while on a bicycle or playing with a dangerous toy.

Children can be injured in many different ways, including:

Auto accidents
Boating accidents
Motorcycle accidents
Bicycle, scooter, and skateboard injuries
Animal and dog bites
School bus accidents
Playground injuries
Premises injuries
Swimming pool accidents or drowning
Amusement park injuries
Burn injuries
Summer camp injuries
School or day-care injuries
Birth injuries
Auto back-over accidents
Window fall injuries
Defective or dangerous toys
Food poisoning
Medical malpractice injuries
Sports injuries

Children suffer the same kinds of injuries adults do: broken bones, traumatic brain injury, burns from flames and chemicals, injuries to the eye, and contusions. But children aren't just miniature adults. Their cases are different, the laws that apply to their cases are different, and a Virginia child injury lawyer who thinks otherwise is making a big mistake.

The Law

Virginia has what is called "contributory negligence." That is, the injured person (the plaintiff) loses if they are even a bit at fault for causing their own injury, because their negligence "contributed" to the injury. In Virginia, therefore, an injured person must be completely without fault in order to be able to hold someone else responsible for his or her injury.

It's different for children. Children seven years old and younger are presumed to be without fault. Young children act like young children. Their thought processes are not mature, and their databank of information is scant. Young children act unpredictably because they are young, and it's up to adults to look out for them.

The rules change as children get older. Between the ages of 7 and 14, a child is presumed to be incapable of exercising care for his or her own safety, but that presumption may be rebutted with evidence to the contrary. That is, the child gets the benefit of presumption of innocence, and it is up to the person who injured the child (the defendant) to prove otherwise.

After the age of 14, a child loses all benefit of presumption in his or her favor. At this age, the child is presumed to have sufficient capacity to perceive danger and to have the power to avoid it. This means that a case brought on behalf of child over the age of 14 can be lost if the child's own negligence contributed to his or her injury-unless there is clear proof that the child lacks the discretion that is typical for his or her age. The law does not necessarily measure a child's behavior by the same standards it would apply to an adult; rather, the child's actions are weighed against their age, intelligence, and experience.

All this means that very young children cannot be negligent; children between the ages of seven and fourteen are presumed to be without fault, but evidence to the contrary can remove that protection; and children over the age of 14 are presumed to have adult capacities and can be held responsible for their actions, but the standard by which an older child's negligence is determined is the degree of care expected of a child of like age, intelligence, and experience under the same or similar circumstances. For a child over fourteen years of age, a jury must examine the facts in order to decide whether the child was negligent and contributed to their own injury.

For answers to your legal questions, contact our office by calling 703-260-6070 or filling out our online form.

Library for Injuries to Children:

Children and adults with physical disabilities are being helped to reach athletic greatness through the Challenged Athletes Foundation. Rohrstaff Law Firm is a proud sponsor of CAF.
Even physically disabled children can be athletes. The Challenged Athletes Foundation helps disabled athletes of all ages through grants and one-on-one support.
How your child can get into trouble using Facebook and other electronic media. [PDF]
Is your child on Facebook? Does your child have a smartphone? This article warns parents of some dangers of social and other electronic media.
Challenged Athletes Foundation gets assistance from the Rohrstaff Law Firm in its work to help athletes reach higher and farther and be the best they can be. [PDF]
Helping individuals overcome physical challenges is the goal of the Challenged Athletes Foundation. Rohrstaff Law Firm is proud to be a sponsor.
Child Identity Theft is a real threat - and growing. Find out how to keep it from happening to your child. [PDF]
Children's Social Security Numbers are easy to steal. Protect your child's identity. This article from Carnegie Mellon CyLab has valuable information.
Virginia Bullying & Harassment Law - Schools must establish guidelines and establish policies on self-defense and bullying. [PDF]
Every school in Virginia must have a code of conduct prohibiting bullying, hazing and profane or obscene language or conduct.
Bullying/Harassment Laws - Teachers and volunteers immune for reporting bullying or crimes against others [PDF]
Teachers/volunteers have immunity if they report acts of bullying or crimes against others if their reports are prompt, in good faith and comply with policies.
Virginia Law - Cyber Bullying - Schools required to establish and enforce code of student conduct against cyber-bullyinig [PDF]
Every school in Virginia must include in its code of student conduct policies on the use of electronic means as a way of bullying, harassment and intimidation.
Virginia Bullying/Harassment Law - Hazing is a crime. Schools must establish and enforce guidelines and policies prohibiting hazing [PDF]
Hazing is a crime. School guidelines and policies must prohibit hazing and cite VA law that prohibits hazing and imposes a Class 1 misdemeanor for violations.
Excuses Teens Can Use to Avoid Peer Pressure [PDF]
Prevent Teen Dating Violence - How to Avoid Peer Pressure with Excuses
Car, truck, motorcycle, and other motor vehicle crashes
Motor vehicle crashes account for most injuries to children
Burns hurt, especially children. Children need special attention after burn injuries.
Injuries from burns are the second-most common injury to children. Young systems are particularly vulnerable to serious burns and can be easily compromised. Most children who are burned suffer their injuries in the home from kitchen stove flames and scalding, and from electrical and chemical burns.
Wrongful Death
Swimming Pools
Pedestrian and Bicycle Injuries
Day Care Center Injuries

View All

Frequent Questions for Injuries to Children:

Videos about Injuries to Children:

Injuries to Children at Virginia Day Care Facilities

Web Resources for Injuries to Children:

BURNS - Child Safety - How to Prevent Burns -- Mayo Clinic
Description: Children learn by touching things, including those that can be dangerous. Prevent burns by taking these important child safety measures from the Mayo Clinic.
CAR SAFETY SEATS -- Avoid Ten Common Mistakes -- Mayo Clinic
Description: Car seat safety isn't child's play. Understand ten common mistakes parents make when buying, installing and using car safety seats for children.
CAR SAFETY SEATS -- BabyCenter -- How to Choose and Use a Booster Seat
Description: Answers many common questions about how to choose the right booster seat for your child.
CAR SAFETY SEATS -- Information for Families -- American Academy of Pediatrics
Description: Helpful information for families on how to choose a proper child safety seat, including charts and illustrations. The site also has a link to lists of car safety seats and their manufacturers.
CAR SAFETY SEATS -- National Highway Traffic Safety Administration
Description: NHTSA website has information about choosing and using child safety seats, as well as information on where to find seat inspection stations where you can get a free child seat checkup.
CHILD ABUSE PREVENTION -- ChildHelpUSA
Description: 800-4-A-CHILD -- hotline provides crisis counseling and literature about child abuse. The website has many resources for children, parents and professionals.
CHILD ABUSE PREVENTION - Prevent Child Abuse America
Description: 800-CHILDREN -- The National Committee to Prevent Child Abuse website provides information and referrals about child abuse.
CHILD ABUSE PREVENTION -- Shaken Baby Syndrome - Never Shake a Baby
Description: The National Center on Shaken Baby Syndrome, 1-888-273-0071, is a private, non-profit organization that provides information to parents and professional about Shaken Baby Syndrome. NEVER SHAKE A BABY.
CHILD ABUSE PREVENTION -- US Department of Health and Human Services
Description: The US Department of Health and Human Services provides general information about health and safety issues, including links to child abuse information and topics.
DAY CARE SAFETY - National Child Care Information Center - Dept of Heatlh & Human Services
Description: This site lays out the administrative codes and policy manuals for state-funded child care programs for each state. It also has a lot of other valuable information.