Boston Child Injury Lawyers | Protecting Children and Families for Over 50 Years

Why Families Choose Swartz & Swartz for Child Injury Cases

Child injury cases demand a different kind of legal approach. Children cannot speak for themselves in court. They cannot describe pain levels the way adults do. Their injuries may not fully present themselves for months or years after the accident. A child who suffers a traumatic brain injury at age four may not show learning difficulties until they reach school age. A burn injury on a toddler may require repeated surgical revisions as the child grows.
This is why experience matters. At Swartz & Swartz, P.C., we have represented injured children and their families since the 1970s. Our founding attorney, Edward M. Swartz, literally wrote the book on toy safety and product liability. His work led to federal legislation that still protects children today. That legacy drives every case we take.
Our track record includes multi-million dollar verdicts and settlements in cases involving defective toys, daycare negligence, playground accidents, school injuries, burn injuries, and drowning incidents. We do not delegate child injury cases to junior associates. James Swartz, our Managing Attorney and a nationally recognized trial lawyer, is personally involved in every child injury matter this firm handles.

Common Types of Child Injuries We Handle in Boston

Children face unique risks that adults do not. Their bodies are still developing. Their bones are softer. Their skulls are thinner. Their immune systems are less mature. A fall that causes a bruise on an adult can cause a skull fracture in a young child. Massachusetts law recognizes these differences. Under M.G.L. c. 231, s. 85Q, children are held to a different standard of care than adults. The law measures a child’s conduct against what a reasonable child of similar age, intelligence, and experience would do. This means that in most child injury cases, the focus shifts entirely to the negligent adult or entity.

Our Boston child injury attorneys handle cases involving:

Daycare and Childcare Injuries

Massachusetts requires all licensed daycare facilities to maintain specific staff-to-child ratios under 606 CMR 7.00. When facilities cut corners on staffing, skip background checks, or fail to maintain safe environments, children get hurt. We have handled cases involving children who suffered broken bones from falls on inadequately supervised playgrounds, burns from hot food served without proper cooling periods, and serious injuries from physical abuse by unlicensed staff. If your child was injured at a daycare center, after-school program, or summer camp in Boston or anywhere in Massachusetts, our attorneys can investigate whether the facility violated state licensing requirements.

Playground Accidents

The Consumer Product Safety Commission (CPSC) reports that emergency rooms treat more than 200,000 children for playground-related injuries every year. Boston maintains more than 200 public playgrounds through its Parks and Recreation Department. When equipment is poorly maintained, surfaces lack proper impact absorption, or design defects create entrapment hazards, the property owner or municipality may be liable. Our firm has experience holding both private property owners and government entities accountable under Massachusetts premises liability law (M.G.L. c. 84, s. 15).

Defective Toys and Product Injuries

This is where Swartz & Swartz has unmatched authority. Our founder Edward M. Swartz created the annual W.A.T.C.H. (World Against Toys Causing Harm) worst toys list, which has been covered by national media for decades. Our firm has litigated against major manufacturers over choking hazards, toxic materials, defective design, and inadequate safety warnings. Massachusetts strict liability law (M.G.L. c. 106, s. 2-314 and 2-315) holds manufacturers, distributors, and retailers accountable for defective products regardless of whether they were negligent.

School Injuries

Schools have a legal duty to provide a safe environment for students. When children are injured during recess, physical education, field trips, or school transportation, the school district may be liable. Massachusetts has specific notice requirements for claims against public school districts under M.G.L. c. 258 (the Massachusetts Tort Claims Act). You must provide written notice within 30 days of the injury. Missing this deadline can permanently bar your claim. Contact our office immediately if your child was injured at a Boston-area school.

Swimming Pool and Drowning Accidents

Drowning is the leading cause of unintentional death in children ages one to four. Massachusetts Building Code 780 CMR requires specific barrier and fencing requirements for residential and commercial pools. When pool owners fail to install proper fencing, maintain drain covers, or provide adequate supervision, they can be held liable for drowning injuries and deaths. Our attorneys have handled cases involving both private pool owners and public aquatic facilities.

Burn and Fire Injuries

Children are more susceptible to severe burns than adults because their skin is thinner. Burns from defective products, scalding water, electrical hazards, and fire can cause permanent scarring and require years of surgical treatment. Our firm has recovered significant settlements for children who suffered burn injuries from defective appliances, inadequate building safety systems, and negligent supervision.

Birth Injuries and Medical Malpractice

When medical professionals make errors during pregnancy, labor, or delivery, the consequences for the child can last a lifetime. Cerebral palsy, Erb’s palsy, and brain injuries caused by oxygen deprivation are among the most devastating birth injuries. Massachusetts requires medical malpractice cases to include a certificate of merit from a qualified medical expert before filing (M.G.L. c. 231, s. 60B). Our firm works with pediatric medical experts across the country to build these cases.

Massachusetts Law Protects Injured Children Differently

Massachusetts provides several unique legal protections for injured children that parents should understand:

• Extended Statute of Limitations:While most personal injury claims in Massachusetts must be filed within three years of the injury (M.G.L. c. 260, s. 2A), the clock does not start running for minors until they turn 18. This means a child injured at age 5 has until age 21 to file a claim. However, waiting is not advised. Evidence deteriorates, witnesses move, and memories fade. The sooner you contact an attorney, the stronger your case will be.
• Reduced Standard of Contributory Negligence:Massachusetts courts hold children to a lower standard of care than adults. Under the Restatement (Second) of Torts s. 283A, as adopted by Massachusetts courts, a child is only required to exercise the care that a reasonable child of similar age, intelligence, and experience would exercise. In practical terms, this means that a defense of contributory negligence is rarely successful against a child plaintiff.
• Court Approval of Settlements:All settlements involving minors in Massachusetts must be approved by a judge under M.G.L. c. 231, s. 140C. This protects the child’s interests by ensuring the settlement amount is fair and that the funds are properly managed until the child reaches adulthood. Our attorneys handle this court approval process and can serve as trustees for the settlement funds.
• Loss of Consortium Claims:Since the Massachusetts Supreme Judicial Court’s decision in Ferriter v. Daniel O’Connell’s Sons, Inc. (1980), parents can bring a separate claim for loss of consortium when their child is injured. This compensates parents for the loss of companionship, guidance, and the parent-child relationship that results from the child’s injury.

What Compensation Is Available for Child Injury Cases in Boston?

Child injury cases often involve larger damages than adult injury cases because the effects extend across a lifetime. Our attorneys pursue compensation for:

• Current and future medical expenses, including surgeries, rehabilitation, therapy, and adaptive equipment
• Pain and suffering, both physical and emotional
• Loss of future earning capacity if the injury limits the child’s ability to work as an adult
• Scarring and disfigurement, which courts value differently for children because they must live with visible injuries for decades
• Educational accommodations and special needs resulting from the injury
• Loss of enjoyment of life, including inability to participate in sports, activities, and normal childhood experiences
• Parents’ lost wages from caring for the injured child
• Parents’ loss of consortium claim

Frequently Asked Questions About Child Injury Claims in Massachusetts

How long do I have to file a child injury lawsuit in Boston?

Massachusetts gives injured children until three years after their 18th birthday to file a personal injury claim. That means a child injured at age 2 technically has until age 21. However, we strongly recommend contacting an attorney as soon as possible after the injury. Physical evidence gets cleaned up or repaired. Surveillance footage gets deleted. Witnesses relocate. The strongest cases are built early. There is one critical exception: if your claim is against a city, town, or public school district, you must provide written notice within 30 days of the injury under the Massachusetts Tort Claims Act (M.G.L. c. 258). Missing this deadline can permanently bar your claim.

Can I sue a daycare center if my child was injured?

Yes. Licensed daycare facilities in Massachusetts must follow specific regulations under 606 CMR 7.00, including staff-to-child ratios, facility safety standards, and staff training requirements. If a daycare center violates these regulations and your child is injured as a result, you can file a negligence claim against the facility, its owners, and potentially its staff. Our attorneys investigate whether the facility maintained proper licensing, conducted required background checks, and followed all safety protocols.

What should I do immediately after my child is injured?

First, get medical attention for your child. Even if the injury appears minor, have a doctor examine your child because some injuries, particularly head injuries, may not show symptoms immediately. Second, document everything. Take photos of the injury, the location where it happened, and any equipment or conditions involved. Third, report the incident to the responsible party (school, daycare, property owner). Fourth, do not sign anything from an insurance company before speaking with an attorney. Insurance adjusters may offer a quick settlement that does not account for future medical needs. Contact Swartz & Swartz at (617) 742-1900 for a free consultation.

How much does it cost to hire a child injury lawyer in Boston?

At Swartz & Swartz, we handle child injury cases on a contingency fee basis. This means you pay nothing upfront and you owe us nothing unless we recover compensation for your child. Our fee is a percentage of the recovery. During your free consultation, we will explain our fee structure in detail so there are no surprises.

Who can file a lawsuit on behalf of an injured child?

In Massachusetts, a parent or legal guardian files the lawsuit as the child’s “next friend” or through a court-appointed Guardian ad Litem. The court must approve any settlement on behalf of a minor under M.G.L. c. 231, s. 140C. Our attorneys handle the Guardian ad Litem petition and the settlement approval hearing so you do not have to navigate these court procedures alone.

What if my child was injured at a public school or city park?

Claims against Massachusetts government entities, including public schools, city parks, and municipal playgrounds, are governed by the Massachusetts Tort Claims Act (M.G.L. c. 258). This statute requires written notice to the government entity within 30 days of the injury. The notice must include the time, place, and cause of the injury. Failure to provide timely notice can permanently bar your claim. Contact our office immediately if your child was injured on government property.

Can I file a claim if a defective toy or product injured my child?

Yes. Massachusetts product liability law holds manufacturers, distributors, and retailers strictly liable for injuries caused by defective products. This means you do not need to prove the company was negligent. You only need to prove the product was defective and that the defect caused your child’s injury. Swartz & Swartz has a decades-long history of litigating product liability cases involving children’s products, including our widely covered annual W.A.T.C.H. dangerous toys list.

How long does a child injury case take to resolve?

The timeline varies depending on the severity of the injury, the complexity of the case, and whether the case settles or goes to trial. Simple cases may resolve in 6 to 12 months. Cases involving serious injuries where the child’s long-term prognosis is uncertain may take longer because it is important to wait until the full extent of the injury is known before settling. Settling too early can leave your child without resources for future medical needs. Our attorneys will give you a realistic timeline based on the specific facts of your case.

Contact Our Boston Child Injury Lawyers Today

If your child was injured because of someone else’s negligence, contact Swartz & Swartz, P.C. today. We offer free consultations, and you pay nothing unless we recover compensation for your child. Our Boston office is located at 53 State Street, Suite 500, Boston, MA 02109. Call (617) 742-1900 or fill out the contact form on this page to get started. Se habla espanol. Nos falamos portugues.