Lubbock, Texas: Child Injuries and Personal Injury Lawsuits

Do you know where your children are? Premises liability injuries to children can be scary and severe.

No one wants to think about injuries to children. Although children have always suffered injuries, social media and nationwide news coverage make it seem as though we live in especially scary times. 

Lubbock has seen increased child injuries in some types of accidents and decreases in others. 

The State Child Fatality Review Team Committee Biennial Report indicates that accidents involving children remain a substantial portion of traffic-related injuries in Lubbock County. High-traffic intersections and highways like Marsha Sharp Freeway and University Avenue see many incidents, some involving young victims.

However, child injuries and fatalities in car crashes nationwide have decreased since about the 1970s, mostly because of stricter child car seat laws, seat belts, and vehicle safety improvements.  

Nationwide—including in Lubbock—the past several years have seen decreases in child drowning deaths and firearm-related accidents. The reduction in drowning incidents among children is likely due to better education around pool safety and more stringent enforcement of physical barrier and supervision laws. While firearm injuries remain a concern, especially in certain areas, initiatives to improve gun safety have contributed to reduced accidental shootings involving children over several decades.

In Lubbock, child injury rates reflect both statewide improvements (e.g., motor vehicle safety) and ongoing challenges like pedestrian safety and youth sports injuries. Recent awareness campaigns and localized efforts have shown some positive effects but highlight the need for continued focus on education and safety.

Child accident injuries increasing or persistent in Lubbock

Sports and recreation-related injuries

A significant percentage of child injuries in Lubbock stem from youth sports activities. These injuries are often reported in local emergency departments, reflecting a need for better safety protocols in recreational settings. Injuries include concussions, broken bones, and overuse injuries, among others.

Child abuse and neglect

Reporting of injuries related to child abuse and neglect has increased, potentially reflecting greater awareness and mandatory reporting laws rather than an actual rise in incidents. Statewide data, including Lubbock, shows an increase in child injuries occurring in licensed daycare centers. These are primarily the result of inadequate supervision and facility hazards.

Pedestrian and bicycle accident injuries

Children as pedestrians or bicyclists are especially vulnerable near schools and residential areas in Lubbock. Enhanced safety measures like better lighting and crosswalks are critical to mitigating risks for traffic accidents involving children.

In general, the most common injuries to children in Texas include:

Lubbock child injuries from premises liability accidents

Premises liability is the area of law that covers property hazards. It falls within general personal injury law; an injured victim (plaintiff) must prove that the defendant (property owner) was negligent by acting or failing to act in a way to prevent foreseeable injury or harm. 

The property owner is responsible for preventing injury that was reasonably foreseeable—in other words, a reasonable (or average) person should have anticipated that the hazardous condition could cause a person to be hurt.

The attractive nuisance doctrine

When the victim is a child, Lubbock follows the attractive nuisance doctrine. This adds liability to a property owner that’s stronger than if the victim is an adult because of certain factors that are handled differently for children.

A property owner can be held liable for a child who is injured on their property—even if the child is trespassing—if:

• The condition is attractive or enticing to children. This could include swimming pools, trampolines, abandoned vehicles, playgrounds, construction equipment, or other things. 
• A child is unlikely to perceive the risk. The doctrine applies because children, due to their age and inexperience, might not recognize the dangers associated with the condition.
• The hazard is easily accessible. If property owners fail to take reasonable steps to prevent access, such as installing fences or posting warning signs, they can be held liable.

A Lubbock plaintiff in an attractive nuisance claim must prove:

• The property owner knew or should have known about the hazard.
• The owner failed to take reasonable steps to safeguard children.
• The injury occurred as a result of the hazard.

Lubbock playground accidents

The CDC reports that about 200,000 children across the nation are treated in emergency rooms each year for playground-related injuries. But not every injury leads to a successful legal claim.

Public schools are generally exempt from liability in playground accidents under Texas law. Private entities, such as daycare centers and private schools, are more likely to be held accountable for injuries resulting from poorly maintained equipment or inadequate supervision.

Lubbock swimming pool accidents

Common causes of swimming pool accidents include deficient fences or barriers, missing or broken gates, slippery pool decks or stairs, and inadequate supervision by lifeguards or other responsible adults. 

Drowning is the leading cause of unintentional injury death for children aged 1–4. Non-fatal injuries often include brain damage from near-drowning incidents.

Animal attacks

Animal attacks in Lubbock aren’t common, but they happen. In 2023, an 8-year-old child was attacked by four bulldogs on University Avenue in Lubbock. The child was hospitalized from the attack. 

A few years prior, a 3-year-old Central Lubbock girl died following a dog attack. 

The animal’s owner can be held liable for injuries to a child (or adult), particularly if the incident results from a lack of proper restraint for an aggressive dog. Children are more likely than adults to suffer facial injuries and emotional trauma from an animal attack. The majority of dog bite victims are younger than 10 years old, according to the American Veterinary Medical Association.

Toxic exposure

Children can be injured or even die from exposure to cleaning products, medications, poisonous plants, or other substances left accessible in homes, childcare centers, or public spaces. Poisoning incidents can result in respiratory failure, organ damage, or long-term health issues.

Retail store or amusement park/recreation injuries

There are no reports of specific injuries at places like Adventure Park in Lubbock, or Water Rampage, or others. However, these types of recreational sites that offer ziplining, go-karts, mini-golf, lazy river, water slides, and more, have some inherent risks. Visitors must follow safety guidelines like height requirements and others, in order to minimize the risk of injury.

Still, the park would be responsible for negligence if a child were to be injured while participating in these activities and if the injury was outside the scope of typical assumption of risk.

Children’s injuries in Lubbock car accidents

Car accidents happen everywhere. Lubbock news over the past few years included stories about a 14-year-old who was struck by a vehicle in Ropesville, the deaths of a mother and son in a South Lubbock traffic accident in 2023, an 18-year-old who died after being hit by a vehicle in Lubbock in late 2024, and others.

Considerations for lawsuits involving child victims

In Texas, you can file a personal injury lawsuit in the district court where the accident took place. If the accident happened in Lubbock County, the venue is the Lubbock County Courthouse at 904 Broadway in Lubbock. However, personal injury proceedings will follow Texas state law. 

There are a few considerations for personal injury lawsuits involving children:

• Statute of limitations: Adults have two years from the date of the injury to file a lawsuit in most instances. A child injured in Texas can typically file a lawsuit up until they turn 20 because their “clock” begins to run on their 18th birthday, regardless of how old they were when the injury happened.
• Legal representation: A parent or legal guardian must act as the “next friend” of the child in legal proceedings to represent the child’s interests in court because a minor may not file a lawsuit.
• Settlements and awards: Any settlement or court award from a personal injury lawsuit for a minor must be approved by the court to ensure it is in the child’s best interest. The court might require that the funds be managed in a trust or a court-regulated account until the child reaches adulthood.
• Medical expenses: Claims for medical expenses incurred due to a child’s injury are usually considered the parent or guardian’s responsibility. Therefore, parents can file a claim for these expenses before the child turns 18.

If your child has suffered a personal injury, you can contact a Lubbock attorney for guidance through the legal proceedings.