Daycare Accident Liability Claims
Las Vegas, Nevada
Was your child injured at a daycare center?
If your child suffered an injury in a daycare center, call us at 702-432-1000 to discuss your case.
We don't charge for consultations.
While no attorney can reverse the unfortunate event of an accident that injured your child, we can help you get money to pay for your medical bills (past, present, future) and other damages.
We represent clients in Las Vegas and everywhere else in Nevada.
Why do daycare accidents happen?
There could be many reasons for daycare center accidents, but most of the time, it happens because of:
- The lack of child supervision,
- Poorly-trained daycare staff, and
- Hazards in the facility.
Where a daycare accident may happen
A daycare accident can happen inside and outside the daycare facility. Inside the daycare center, falling objects from the shelves or broken furniture cause many accidents. Outside the facility, faulty toys and malfunctioning playground equipment cause many children's injuries.
Do I have a valid daycare accident liability claim?
Whether you have a legal claim depends on many conditions, but most of the time, the question is:
- Did your child end up in a hospital after the daycare accident and require expensive medical treatment, or did the accident result in minor scratches and bruises?
- Will your child be required or need long-term medical care in the future?
If your child was injured in a daycare center or kindergarten, call us at 702-432-1000 to discuss this daycare accident.
When one child injures another
We get often asked, "If one child injures another child in a daycare center, who is responsible?" Daycare centers must supervise all children in their care to keep them safe. If an accident happens because the daycare center didn't monitor children closely enough, the daycare center is responsible. Also, the landlord could be liable if the playground had unsafe conditions that contributed to the daycare accident injuries.
Can you sue for bee stings if it happened in a daycare and the child ended up in a hospital?
It depends. Was the daycare aware of nearby beehives or the child's bee allergy? Contact our office and ask to speak with an attorney who handles daycare accident cases. Once we know the specifics, we can provide recommendations tailored to your situation.
Daycare accident liability waivers
Many daycare centers ask parents to sign a liability waiver, which generally means that the center is not responsible if the child suffers an injury in a daycare center. Can these liability waivers be enforced in court?
There is no simple answer to this question. It all depends on the language in the waiver and the injury your child suffered. If you signed a liability waiver at the daycare center where your child was injured and want to know if you can sue the daycare center, call our office and ask to speak with an attorney who handles daycare accident cases. We don't charge for consultations.
What documents do I need?
Below is the shortlist of documents you may need to gather to file a daycare accident liability claim:
- Proof that your child is indeed enrolled in a daycare center (a signed contract and full name of the owner, waivers, paid monthly bills)
- Some proof that the child was at the daycare center on the day of the accident
- Daycare center incident/accident report and, when possible, daycare center insurance information
- Names of all employees involved in an accident
- Pictures/videos of child's injuries
- Doctor's documentation detailing the extent of your child's injuries, medical records, receipts from the doctor's office
- Eyewitness information when possible
What makes a child liability claim different from adults?
Three things make a child accident claim different from an adult claim:
First, a child under 18 cannot file a lawsuit. Somebody else - the child's parent, both parents, or a guardian must file a lawsuit on behalf of a child.
Second, a Blocked Trust Account with a bank must be open to deposit the settlement money for the child. When the child turns 18, they will have access to this account. The parents may petition the court for the early release of the funds. However, the court doesn't always allow it. The judge will approve the earlier use of the funds only if it is in the child's best interests.
Third, the law only allows the child to sign for themselves once they become adults. Through a Minor's Compromise, a judge permits a parent to sign documents to receive money on behalf of a child. All injury compensations involving minors, including daycare accident settlements, require an approved Minor's Compromise.
See NRS 41.200 for more information.
How long do I have to file a daycare accident claim?
In Nevada, a personal injury accident victim has two (2) years to file a lawsuit and demand injury compensation.
There are many exceptions to this rule when minors are involved, and all daycare accident claims fall in this category. However, the longer you wait, the more you have to deal with missing evidence or a daycare owner who closed the business and fled the country.
We recommend consulting with an attorney experienced in daycare accident claims immediately after the accident. The attorney can take legal steps to preserve evidence.
Suing daycare for injury
To win a daycare accident lawsuit in Nevada, the child injury lawyer has to show that:
- The negligence or carelessness of a daycare center caused the accident,
- Connect that negligence to the victim,
- Determine the damages and
- File an accident injury claim and demand monetary compensation for all medical bills, including future medical bills and pain and suffering.
The average settlement for a daycare accident in Nevada
The settlement amount always corresponds to the dollar amount of medical bills (past, present, future) and other damages. Some injuries require long-term care, and the settlement amount reflects it. Call us if you want to know what settlement to expect in your daycare accident.
We can help
We represent clients in Las Vegas, Henderson, Summerlin, North Las Vegas, and other cities in Nevada.
Our law firm is strictly contingency-based. It means you don't have to pay us anything until we win the case and you receive daycare accident compensation.
To speak with a lawyer who handles daycare accident claims, call us at 702-432-1000.
Consultations are free.
Last updated on March 8, 2024.
