Las Vegas Injured Child Lawyer

Child Injuries And Liability

Children have the right to be reasonably safe throughout the day, no matter where they happen to be. When they are injured, lawyers must analyze where and how the injury occurred to determine who was at fault for the incident. 

Injured At School

When a child is at school, they are no longer under the care and custody of their parents. Instead, the school takes on the role of the parent under the doctrine of in loco parentis. Under this doctrine, Nevada schools have the obligation to:

• Oversee student behavior during school hours
• Minimize risks to kids
• Take steps to ensure student safety and well-being
• Follow all laws 
• Put an end to bullying

Nevada schools must also provide a safe and secure place for students or face liability under premises liability law. Premises liability law allows people injured due to negligence on a property to seek damages from owners and tenants responsible for maintaining safe premises.

Generally speaking, school districts in Nevada are responsible for the negligent acts of their employees but not intentional acts. For example, if a teacher intentionally punches a student, the school district may escape liability. 

However, if the school district was negligent in hiring a violent teacher or other employee, an exception exists that allows the victim to sue the school district. Regarding injuries caused by students, schools can be liable if they fail to take reasonable steps to protect a child in danger. 

Injured In Traffic

Children are among the most vulnerable members of traffic. When riding in cars, seat belts and car seats keep them safe but can only provide so much protection. As pedestrians or cyclists, they are particularly vulnerable, especially when not wearing safety equipment. 

Common negligent and unlawful acts in traffic that cause harm include:

• Driving while texting or talking on the phone
• Speeding 
• Drag racing
• DUI
• Failure to yield or stop

Regarding seat belts and child restraint systems, failure to properly restrain a child may not be considered negligence in a personal injury lawsuit. In other words, if your child is injured in an accident caused by a negligent driver, failure to buckle your child up is not considered negligence.

Dog Bite Injury

No one likes to talk about dog bites, but these injuries are common, devastating, and happen regularly. Sadly, some children who are bitten by dogs end up significantly disabled, and some even die.

In Nevada, dog owners can be liable for dog bites and attacks if they know their dog is vicious or has a propensity to bite others and fail to take appropriate measures. 

Playground And Park Injuries

While playgrounds can provide hours of fun and adventure, they can also be unreasonably dangerous and cause children harm. Common dangerous playground conditions and circumstances include:

• Defective swings, slides, and other equipment
• Unreasonably dangerous equipment
• Unmaintained or unrepaired equipment
• Unsupervised children 
• Unleashed dogs

Depending on the circumstances of a child’s injury at a playground, various parties, including playground owners or managers, maintenance and repair crews, and other playground patrons, may be liable.

Defective Products

Children are a major target for product makers. Millions of toys, gadgets, and accessories make their way into the hands of children each year. Unfortunately, some of them are defective or unreasonably dangerous and cause children harm. 

Common defects and dangerous characteristics in toys include:

• Flammable material
• Toxic material
• Sharp edges and dangerous points
• Electrical parts that shock
• Parts capable of choking a child

Product designers, manufacturers, distributors, and retailers can be held to account for their role in producing and selling a defective product. Defects can stem from the design or construction of the product. For instance, if the manufacturer utilized substandard material, the defect is one of manufacturing. 

Medical Malpractice

Medical professionals successfully treat and care for millions of children each year. However, a small percentage of children end up with injuries caused by medical malpractice, which is a form of professional negligence. 

Misdiagnosis, excessive force, improper care of broken bones, and prescription medication errors are but a few of the many forms of medical malpractice that harm children. For the victims, damages are available to help them build for the future.

What To Do If Your Child Is Injured By Someone

If someone injures your child, you may initially experience shock and disbelief. If you are present, you will undoubtedly seek medical care for your child but should also be mindful of the circumstances that have unfolded.

Try to have answers to these questions by the time you leave the scene:

• Where did the accident take place?
• Who was involved in the incident?
• How did the incident take place?
• What time is it? 
• What is the date?
• Who were the witnesses?
• What did they see?

You may also want to consider taking photos and video footage of the scene. The images you capture will help your personal injury lawyer build a strong case for compensation. 

If you can talk to witnesses, take their statements of their version of the events. Fresh witness testimony is typically more reliable than testimony gathered later.

With a strong case, you may recover valuable compensation for your child, including:

• Medical and hospital bills
• Lost future income
• Pain and suffering 
• Loss of enjoyment of life

When a child passes away due to their injuries, parents may also be able to seek wrongful death damages.

Free Consultation With An Attorney

Was your child injured? Lawsuits can only be filed for a certain amount of time following an injury. Under the circumstances, parents should meet with an experienced child injury lawyer as soon as possible. The sooner an attorney gets to work, the stronger the client’s case is in most situations. 

In Nevada, the statute of limitations for personal injury cases is two years. However, in some child injury cases, the statute may be tolled (paused). 

Justice For Your Child

Children are still learning the basics of life and are not ready to handle their own affairs. If your child has been injured, you can get real justice for them through damages that help you and your child weather the losses they have suffered.

Sources:

Medical Malpractice. (2023).
NRS 11.190(4)(e).
NRS 484B.157(6)(a).