Contact Us for a Free Consultation 816-221-0382
Contact Us for a Free Consultation

Bautista LeRoy Blog

Legal Rights Of Children Involved In Hazardous Activities: What Parents Must Understand

Posted by Bautista Leroy | Sep 26, 2017 | 0 Comments

children hazardous activities

Children often expect safety measures in recreational activities, such as playgrounds, amusement parks, sports leagues, and community events. However, injuries from hazardous activities are more common than many realize and have complex legal consequences. Parents must understand their child's rights when participating in unsafe environments to take appropriate actions against negligent activities that have injured their child(ren).

Children can be especially susceptible to risk. Recognizing this fact, the law places an increased duty of care upon those responsible for organizing activities, maintaining facilities, or supervising children. Parents may have grounds to file suit if negligence caused their child's injuries in any capacity, from playground maintenance issues and defective sporting equipment recalls to unqualified staff and inadequate safety instructions at amusement parks.

Negligence can often be the cornerstone of liability in these instances. Negligence occurs when one party breaches their duty of care and causes injury. For example, if a daycare center neglects to repair broken playground equipment despite knowing of its danger and an injured child as a result. Amusement parks that fail to perform regular safety inspections or enforce weight and height restrictions could also be held liable if their children sustain injuries from these facilities.

The attractive nuisance doctrine allows property owners to be held liable for dangerous conditions on their land that attract children, such as swimming pools, construction zones, or abandoned equipment. Despite children trespassing without understanding the risks, property owners must implement safeguards to ensure the safety of children.

First, it's important to keep in mind that children cannot bring lawsuits on their behalf. Usually, this task falls on either their legal representative (usually their parent or guardian). Any compensation paid out could go directly into an account set aside in trust for use towards education, medical treatment, and rehabilitation as well as expenses such as counseling sessions for rehabilitation of victims of physical assault. In such instances, courts often perform further oversight to make sure any settlement serves their best interests.

Legal action can create changes that protect children from harm, not simply through financial compensation. Parents can ensure safer practices are employed within schools, parks, camps, and recreational facilities by holding negligent parties accountable.

Note that each state imposes different time limitations for filing injury claims against minors in court, depending on their age of majority and where applicable governmental entities like public schools and recreation programs are involved. Swift legal advice must be sought immediately to preserve a child's rights and claim.

Children injured due to dangerous activities face a complex situation beyond financial compensation. Accountability, prevention, and protection of other families are crucial. Parents can advocate effectively on their child's behalf by understanding injury law, which makes negligent parties accountable and provides the care and justice they need. They don't need to face these situations alone.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

 

Summary

Children who are involved in hazardous activities, like extreme sports, risky jobs, or any unsafe environments, have rights that are meant to protect them from serious harm, even when it contradicts the parent's decision. Most parents think they can decide everything for their child, not knowing that the law actually puts limitations to keep the children safety. 

In order to protect the children, governments provide:

  • limits on child labor 
  • right to safety
  • right to informed consent 
  • right to parental responsibility
  • right to duty of care by organizations
  • right to proper supervision
  • right to liability for negligence
  • best interest of the child principle
  • access to legal protection (injured children)

Organizers of sports or recreational activities are required to follow safety standards. If they don't follow these safety rules and a child gets hurt, they can be held liable. On the other hand, parents can also face consequences if they allow their child to take part in risky activities and gets injured. In addition, children are also not considered legally capable of fully understanding risks, therefore adults are expected to take the responsibility for any decision. Parents must let kids explore, while at the same time, follow the law, stay informed, and be cautious. 

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Bautista LeRoy LLC - Kansas City, MO
3770 Broadway Blvd.
Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

Menu