There’s nothing sadder than an injury to a child (or by a child), but Arizona has protections in place so their legal rights are preserved
Arizona has laws that protect a damage award to a child in a personal injury lawsuit, and there are also ways that children can be shielded from liability if they injure someone else. In short, personal injury law is different for kids than it is for adults.
Accidents can happen, to adults or children. An injury to an adult is unfortunate, but it can feel especially sad or tragic when it happens to a child. The leading cause of preventable deaths among teens and young adults is car crashes. Other top causes of accidental death in children include drowning, fire, falls and poisoning.
But sometimes there are injuries not as tragic as accidental death, but still life-changing or with lasting consequences. The laws for personal injuries to children are a little different from laws for adults.
Here’s what you need to know about Arizona child accidents and lawsuits.
Arizona personal injury law as applied to accidents involving children
Personal injury law is centered around making the plaintiff (injured person) “whole,” or to restore them to the financial condition they would be in if the accident had never happened. The injured person can file a lawsuit against a person or entity whose negligence caused the injury.
Typically, when an adult becomes injured because of someone else’s negligence, they can claim damages (a financial award) for things like medical expenses, lost wages, pain and suffering, and other costs related to the injury.
This becomes a little murkier when the victim is a child because although a child doesn’t usually have lost wages, an injury that leaves them with long-term issues or a disability might affect their future earning capacity, or could add expenses for schooling if they’re not able to participate in a typical school environment.
Nonetheless, a child’s representative is entitled to file a lawsuit on the child’s behalf if their injury was the result of negligence. This can be because of an Arizona car accident, premises liability hazard, medical malpractice, bicycle or pedestrian accident, defective product, or any other type of personal injury claim.
Negligent supervision of a child
But one aspect of personal injury that’s unique to children is negligent supervision of a child.
Negligent supervision of a child in Arizona refers to a situation where a person responsible for a child, such as a parent, guardian, or caretaker, fails to provide the appropriate level of supervision, care, or control to prevent harm or injury to the child. This concept is integral to personal injury law in Arizona, especially when assessing liability in accidents or incidents involving minors.
Negligent supervision occurs when a child is left without appropriate care or supervision that a reasonable person would deem necessary, given the child’s age, maturity, and circumstances. This negligence can lead to the child suffering injuries, engaging in dangerous activities, or being exposed to harmful environments.
The scope of negligent supervision can vary widely. It may include situations like:
- Allowing a child to play unsupervised in a hazardous area, such as near swimming pools, roads, or construction sites.
- Failing to monitor a child’s interactions with others, leading to bullying or abuse.
- Not keeping dangerous substances, such as medications, chemicals, or firearms, out of the reach of children.
What is “reasonable” when it comes to child supervision?
Parents make individual judgment calls all the time—whether it’s allowing a young child to climb a high playground structure, letting them ride their bike alone in the street, providing sparklers or firecrackers for some summer holiday fun, or other things. Each parent has a different perception of what’s “safe,” and many base their decisions on the age, maturity and temperament of their child.
All of this makes sense; that’s what it means to be a parent.
Arizona has a standard for determining negligent supervision by establishing what a reasonable person would do. This subjective standard could be left to the jury’s discretion in an Arizona personal injury lawsuit.
The Arizona jury would likely consider several factors in determining whether there was negligent supervision of a child:
- Child’s age and maturity. Younger children and those with certain disabilities require closer supervision.
- Foreseeability of harm. If it was foreseeable that the child could be harmed under the circumstances, more stringent supervision might be necessary.
- Type of activity or environment. Activities or environments with inherent risks (like swimming or hiking in rugged terrain) demand higher levels of supervision.
What if the negligent person is a parent or caregiver?
Parents can be negligent, too. So can another caregiver like a teacher, daycare provider, babysitter, grandparent, or other adult who is in charge of supervising your child.
A parent or caregiver can be held liable for injuries that occur due to their lack of appropriate oversight. However, determining liability requires establishing that the supervising adult had a duty of care to the child and that their failure to meet this duty directly resulted in the child’s injury.
Filing an Arizona lawsuit on a child’s behalf
Minors cannot file legal claims themselves and require representation by a parent, guardian, or a court-appointed representative. Any settlement involving a minor’s personal injury claim requires court approval to ensure the settlement is in the child’s best interest. This process includes a thorough review of the settlement terms and the allocation of funds to cover the child’s current and future needs related to the injury. In a divorce scenario, see our article on who gets the settlement when a child is injured & parents are divorced.
The court reviews the settlement terms, including the amount and the structure of the payment (lump sum or structured settlement), to ensure that the child’s future needs will be met.
The court may also dictate the method for managing the settlement funds. This might involve setting up a trust or a conservatorship to manage the funds until the child reaches adulthood, ensuring that the money is used for its intended purpose, such as covering medical expenses, rehabilitation, and education.
The statute of limitations for personal injury claims in Arizona is generally two years from the date of the injury. However, for minors, this period does not start until the child reaches 18 years of age, giving them until their 20th birthday to file a claim. This extension acknowledges that minors may need time to realize the full extent of their injuries and their legal rights.
Common types of injuries to children
Certainly, your best “defense” to a childhood injury is to take precautions to prevent it. These are the most common types of injuries to children:
- Automobile accidents: Whether as passengers or pedestrians, children are vulnerable to traffic-related injuries.
- School and playground accidents: Injuries at school or on playgrounds can occur due to inadequate supervision or maintenance.
- Dog bites: Children are frequent victims of dog attacks and may sustain serious injuries from such encounters.
- Swimming pool accidents: With many homes and communities having pools, drowning and near-drowning incidents are significant concerns in Arizona.
What if you’re injured by a child in Arizona?
Yes, it goes both ways. Children can be victims, but they can also cause injuries to others.
The Arizona standard for negligence is different for children than adults. Children under a certain age (usually seven years old) are presumed incapable of negligence. For children between the ages of seven and fourteen, there is a rebuttable presumption that they are incapable of negligence, but this can be contested by evidence showing that the child had the capacity to understand and avoid the risk.
Arizona statutes also consider the role of parental supervision in the context of children’s injuries. Parents or legal guardians may be held liable in certain situations where their failure to supervise or control their child contributes to the injury.
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