Hotel Premises Liability For Minors And Child Safety

What Are The Legal Rights Of A Child Injured At A Hotel In Vegas?

Children are afforded the same legal rights as adults when it comes to personal injuries sustained at a Vegas hotel. Hotels and resorts must provide a duty of care to visitors and guests. Even if you are not staying at the hotel but only visiting an attraction, restaurant, or show at another resort, they still must provide this duty of care.

A duty of care means that the hotel and resort owner have taken all necessary steps to ensure guests and visitors are kept relatively safe, such as:

• Providing adequate security: Hotel and resort security should be sufficient to keep guests and visitors safe. 
• Visual warnings: The appropriate signage should be installed in areas where accidents and injuries could occur, such as signage for slippery pool decks and wet floors. 
• Regular maintenance and upkeep: The property owner should ensure their hotel or resort is well-maintained and that any potential dangers or hazards are addressed promptly. 
• Regular inspections: Routine property inspections should ensure everything is in working and safe condition.  
• Blocking off hazards: Hotels and resorts should block off potential hazards until they can be fixed, like uneven sidewalks or torn carpeting. 
• Ensuring sufficient lighting: Indoor and outdoor areas should be properly lit to make it easy to see one’s surroundings and avoid potential dangers. 

Additionally, resort and hotel owners should utilize a heightened level of duty of care regarding children. Their property could contain attractive nuisances, which could draw in children and could potentially cause injuries or even death. 

Children are generally oblivious or unaware of the hazards or dangers of an attractive nuisance due to their age. Some common attractive nuisances include:

• Swimming pools
• Hot tubs
• Construction sites
• Fountains
• Playground equipment
• Theme park rides
• Trampolines
• Bounce houses
• Animals

What Parents Should Know About Premises Liability

Nevada premises liability laws will require parents to prove three things in order to file a hotel injury claim on behalf of their minor child: 

• There was a dangerous or hazardous condition present at the hotel or resort
• The property owner or their delegate should have known or knew about the condition and failed to take appropriate steps to resolve the danger
• The dangerous or hazardous condition was the primary cause of your child’s injuries

Parents should also be aware that Nevada uses comparative negligence in premises liability claims. This means that the defendant in the case may attempt to prove that the child was also partially at fault for their injuries. 

As long as the child was less than 50% at fault, their parents can still seek damages from the defendant. However, any settlement awarded will be reduced by the percentage the child was deemed at fault. 

Additionally, parents must be aware of the statute of limitations in personal injury claims in Nevada. When parents want to initiate a claim on behalf of their child, they must do so within two years of the injury-causing accident. 

However, if parents decide not to take immediate action, the statute of limitation is suspended until the child turns 18. At that point, the child would file a hotel premises liability injury claim on their own and have until they turn 20 to do so. 

Are Hotels Liable For Injuries?

Resorts and hotels in Las Vegas can be held liable for injuries to children if they were negligent and failed to provide a duty of care. However, resorts and hotels are not always liable for every child injury that occurs on their properties. 

For example, if a child is running up and down the escalator unsupervised, falls, and is injured, the property owner may not be liable, as the parents should have been supervising their child. Conversely, the child is playing on playground equipment that is not well-maintained, falls, and breaks their arm. In this instance, the property owner could be held liable for the child’s injuries. 

Resort and hotel injury claims can be very complex, and parents may not even be aware they are entitled to monetary compensation when the property owner was negligent. Therefore, it is always in the child’s best interests to consult with a hotel liability lawyer as soon as possible before leaving Las Vegas. 

Preventive Measures For Property/Hotel Owners

The most effective way for resort and hotel owners to reduce their risks of being sued for child personal injuries is to take preventive measures, such as:

• Conduct regular property inspections and address any potential hazards or dangers promptly
• Install fencing that is of sufficient height with security gates around pools
• Ensure there are sufficient lifeguards on duty at all times when the pool is open to guests
• Place warning signs that can easily be seen by children and their parents near potential dangers and hazards
• Train resort and hotel staff to actively monitor children in common areas
• Install handrails on stairways that are lower and child-friendly  
• Ensure hazardous areas are properly secured with locking doors, like rooftops, mechanical rooms, and utility rooms
• Install patio door locks at the top of sliding doors that children cannot easily reach
• Ensure railing around balconies is of sufficient height with narrow spacing to prevent accidental falls
• Ensure construction areas are sufficiently blocked off from guests using fencing with appropriate signage

Common Types Of Hotel Accidents

Children can experience different types of resort and hotel injuries in Las Vegas from all sorts of accidents, including:

• Swimming pool accidents
• Slips and falls
• Elevator and escalator accidents
• Food poisoning
• Exposure to toxic substances
• Playground equipment accidents
• Bed bug infestations
• Assaults by other guests

How To Pursue A Claim After A Hotel Injury

In order to pursue a claim after a resort or hotel injury for your child, there are specific steps you need to follow: 

• Report the accident and injury to the resort or hotel immediately: You need to file an injury report with the resort or hotel. Otherwise, filing a hotel injury claim becomes more difficult later. When reporting the accident, only state the facts of what occurred and avoid making any statements that could indicate your child was at fault. 
• Seek medical treatment: Even if your child’s injuries do not seem severe, they could have internal injuries.
• Document and gather evidence: Take pictures of where the accident occurred, your child’s injuries, and what you suspect caused the accident. Obtain the contact details for any witnesses.
• Consult with a hotel liability lawyer: Request a free consultation as soon as possible to find out your legal rights and how best to proceed in your case. 
• Request video camera footage: Most Las Vegas resorts and hotels have video cameras in common areas. However, they do not save this footage for long. It is imperative you or your lawyer obtain the footage as it could establish proof that the hotel or resort is liable for your child’s injuries. 
• File your child’s injury claim: Your attorney will file your child’s injury claim with the resort’s or hotel’s insurance company. They will request a settlement amount based on the extent of injuries and current and potential future injury-related impacts for your child. 
• Settlement negotiations: The majority of premises liability injury claims are settled without ever going to court. Your lawyer will handle all settlement negotiations on your child’s behalf. 
• Receive the settlement: There are different settlement options in cases involving children. For example, a structured settlement may be reached, where your child will receive a series of payments over an extended period instead of one lump sum. 

Schedule A Free Consultation With Premises Liability Lawyer Adam S. Kutner Today

If your child has been injured at a Las Vegas resort or hotel, find out if you have grounds to file a personal injury claim against the property owner with a free consultation with our premises liability lawyers. We will evaluate your case, provide you with free legal advice, and determine how much your claim could be worth. 

Should you hire our law firm, our attorneys and legal team work on a contingency basis. You will not owe us any legal fees until after we settle your child’s hotel premises liability injury claim. During your free consultation, we will inform you of how much our legal fees are to represent your child. 

At Adam S. Kutner, we will advocate for your child to ensure they receive a fair settlement that covers their current losses, as well as any future needs. We can begin the claim process before you leave Las Vegas when you contact us today.