Child Safety and Premises Liability: Tips for Property Owners and Parents

Who Is Liable When A Child Is Injured On A Las Vegas Property?

Liability is determined by whether the property owner, lessee, or manager was negligent. Negligence means they must have failed to keep the property reasonably safe or provide warnings about potential hazards. In order to establish negligence, you must prove the following:

• There was a dangerous condition on the property
• The property owner, manager, or lessee knew or should have known about the condition
• The property owner, manager, or lessee failed to correct the dangerous condition
• The dangerous condition caused your child’s premises liability injuries

However, if there was no negligence, and your child was simply injured, then you would be liable. For example, your child was jumping on the bed in a hotel room, fell off, and was injured. In this situation, the hotel owner or property manager’s premises liability would not be negligent.

What Are Common Types Of Premises Liability Injury Claims?

Some of the more common types of premises liability injury claims in Las Vegas include:

• Slips, trips, and falls
• Falling objects
• Negligent security 
• Lack of maintenance
• Swimming pool accidents
• Escalator and elevator accidents
• Collapsing stairs
• Faulty equipment
• Amusement park accidents
• Dog bites

What Types Of Damages Could Be Claimed?

The types of compensatory damages that could be claimed as part of a premises liability lawsuit are:

• Medical expenses
• Rehabilitation expenses
• Parent’s loss of earnings
• Pain and suffering
• Disfigurement
• Long-term physical suffering and pain
• Future medical expenses

What If My Child Was Partially At Fault?

In situations where your child was partially at fault for their premises liability injuries, you may still be able to seek damages from the responsible party. In Nevada, comparative negligence is used when determining liability. As long as your child was less than 50% at fault, you can claim damages from the other party for their percentage of liability.

For example, if it is determined that your child was 30% at fault for their injuries, Nevada laws allow you to seek the other 70% in damages. Essentially, how this works is that your premises liability lawyer will seek the total amount of damages you are entitled to receive. Once a settlement is reached, the amount is reduced by 30%, with the remaining 70% being the actual settlement. 

How Does The Attractive Nuisance Doctrine Apply To A Child?

The attractive nuisance doctrine refers to situations where something on another’s property draws a child’s attention and causes them to enter the property. Since children are still developing and learning, they are not always fully aware of potential dangers. 

In Nevada, NRS 41.515 could hold property owners responsible for your child’s injuries if an attractive nuisance is present. For instance, a swimming pool has no fence to keep children out of the pool area without parental supervision. However, this doctrine only applies to children, not adults. 

How Can A Personal Injury Attorney Help Me And My Child?

A personal injury attorney in Las Vegas can provide several benefits to you and your child regarding their premises liability injury claim, such as:

• Determines the actual compensation: Calculating the actual compensation when a child is injured can be difficult. It is essential to consider any potential long-term effects of their injuries and likely future financial needs. 
• Gather evidence: Your attorney will gather the necessary evidence to establish negligence and liability against the responsible party
• Is aware of the statute of limitations for children: In Nevada, children have an extended period to seek damages. The law allows them up to two years after they turn 18 to file their personal injury claim. This is done because not all kinds of injuries are immediately apparent at the time of the accident. Some premises liability injuries, like cognitive head injuries, could take years to diagnose. 
• Handles all negotiations with the insurance company: The property owner’s insurance company has adjusters and lawyers representing their interests. Without legal representation for your child, they will downplay the seriousness of the injuries and attempt to reduce or deny the claim. 
• Handles any disputes: Insurance companies are also notorious for disputing child injury claims and refusing to pay. Having an attorney represent your child ensures they receive the compensation they deserve.
• Provides peace of mind: Allowing an experienced attorney to handle your child’s injury claim offers peace of mind. You and your child can focus on their healing and recovery without the added stress of dealing with the insurance company, their adjusters, and their lawyers. 

Child Safety Tips For Parents And Property Owners

Property owners in Las Vegas have a duty of care to ensure guests, including children, are kept safe. Some child safety tips for property owners include:

• Secure high-touch objects like video displays so they do not fall over
• Keep the property clean and well-maintained
• Post warning and hazard signs to alert guests of potential dangers
• Provide safety training to your employees
• Communicate safety information with your guests
• Ensure there is sufficient security to meet guest levels
• Do not allow children in pool and hot tub areas without adult supervision
• Provide life vests in pool areas for children
• Quickly block off any potentially hazardous areas from guest access
• Ensure all areas of the property are adequately lit

While property owners have to ensure their guests’ safety, parents are also responsible for ensuring their children remain reasonably safe. Some child safety tips for parents when visiting Vegas are:

• Supervise your child when in public spaces at all times
• Do not allow your child to engage in risky behaviors, like jumping on the bed or diving into the pool’s shallow end
• Make your child aware of potential hazards and how they can avoid injury
• Do not allow your child to access prohibited areas, such as employee-only or adult-only areas
• Report any accidents and injuries immediately to the property owner
• Seek medical treatment for your child if they are injured

Get Help From Our Child Premises Liability Lawyers In Las Vegas Today

If your child has been injured at a hotel, resort, attraction, or on anyone else’s property, it is vital to speak to one of our child premises liability lawyers in Las Vegas as soon as possible. At Adam S. Kutner, Injury Attorneys, we provide a free case evaluation and consultation to determine if the property owner was negligent. Don’t wait; get your free legal advice today.