Hot Cars and Wrongful Death Liability

Is It Illegal to Leave Your Child Alone in a Car?

It’s illegal to leave your child alone in a car if it exposes them to danger. When it’s a hot day, and you leave your child in a situation where they might overheat, you’re likely in violation of the law. In addition, if your child is so young that they can’t safely attend to their personal needs that arise in your absence, you can’t leave them alone in the car in any circumstance.

If a child gets hurt because they’re in a hot car, you might face child abuse, assault, and manslaughter charges. In addition to these charges, your state may have more specific laws that apply to protect children from being left in hot cars. You may also face civil liability.

Is It Legal to Leave Your Child Alone in a Car in Nevada?

It is not legal to leave your child alone in a car in Nevada if the child is seven years old or younger, and one of two conditions is present. The first condition is when being left alone in the car poses a significant health and safety risk for the child.

The second condition is if the keys are in the ignition or the engine is running. Nevada law 202.485 makes it a misdemeanor to leave a child alone in a car in Nevada in these circumstances unless the child has supervision from someone who is at least 12 years old.

How Many Children Die in a Hot Car?

According to CNN, approximately 37 children die in hot cars each year. July is the month where most deaths occur. A child hot car death can occur because an adult forgets that the child is in the car, because the child crawls in the car without being seen, or because an adult places the child in the car intentionally.

What Are the Penalties for Leaving a Child in a Hot Car?

The penalties for leaving a child in a hot car depend on whether the child gets hurt and where the offense occurs. If the child dies, you face charges of manslaughter, child abuse, and assault. If you act intentionally to place a child in a hot car, you may face homicide charges.

Many states have laws that specifically prevent leaving a child in a hot car. Even if a child doesn’t suffer any physical harm, you may still face criminal charges for leaving the child in the vehicle. If you’re convicted of the charges against you, penalties may include jail time, fines, probation, mandatory education, and community service.

Nevada Child Hot Car Deaths and Civil Liability / Wrongful Death

If your child is left in a hot car by someone else, you may have a civil claim for damages. The responsible adult may owe you or your child compensation for your child’s injuries and suffering. For you to have a civil claim, your child must suffer physical harm. Whether they suffer physical injuries or a tragic death, you may bring a claim against the adult who is responsible. If the responsible person works for a business, like a daycare, you can bring your claim against the business as well as against the individual that is responsible.

If your child is in someone else’s care at the time they’re hurt, the person responsible may owe you damages for your child’s harm. When your child is hurt while in daycare, for example, the standards of responsibility against the daycare are very high. Businesses, such as daycare providers, have very high standards to prevent harm to children. When a child hot car wrongful death occurs in daycare, the standards of liability against the daycare operator provide strong accountability for the daycare and the individuals responsible for harm to the child.