Arizona Child Injuries & Lawsuits Guide

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.

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.