According to the Ontario Brain Injury Association, more than 1 million children in the United States and Canada suffer traumatic brain injuries every year. Some of the incidents that cause these injuries are sports, bicycle and motor vehicle accidents, and most of them result in litigation. This makes it important for parents to be aware of who is liable for causing brain injuries of children and how the justice system works.
When a case for personal injury is filed, a person or entity must be named as liable for causing the injury. The liable person or entity is referred to as the defendant. Since a brain injury is most likely to occur during a traumatic event, the usual basis for liability lies with the negligent actions of the defendant. Negligence is the failure to exercise the degree of care that a prudent person is obligated to exhibit.