Child Safety Legal FAQs

You can make your home safer for a child by putting items that you do not want them to access in locked drawers or cabinets, and in places that the child cannot reach. These items might include alcohol, medications, chemicals, and firearms, among others. You also might want to take specific safety measures for windows, furniture, and electrical outlets, which can pose especially great risks to small children.

When getting toys for your child, you should review and follow any age recommendations, as well as directions for the safe use of the toy. You should be aware that sharp points and sharp glass or metal edges can cause injuries to small children. Very small children should not play with toys that contain small parts, which pose choking risks. Cords on toys may be dangerous for a young child because they may get the cord wrapped around their neck.

Registering a product that you bought for your child will allow you to receive a direct notification if the manufacturer recalls the product for a safety risk. This is the best way to find out about recalls as soon as they happen.

To keep your child from falling into the swimming pool, you should install a fence around all sides of the pool and keep the gate to the pool locked when the pool is not in use. In addition, you may want to install alarms around the pool, put window guards on windows facing the pool, and lock doors leading from the house to the pool when you are not using the pool.

Yes, a school has a legal obligation to take reasonable steps to keep a child safe. If it does not fulfill this obligation, you may be able to sue the school for any resulting injuries.

You might suspect that your child is being bullied if they have unexplained injuries, they are starting to avoid school activities, they are showing symptoms of anxiety or withdrawal, or they are developing problems with sleeping or focusing. Any evidence of self-harm or lowered self-esteem also may indicate bullying.

A school can drug test a student if they have a reasonable suspicion that a student is under the influence of drugs when they are at school or engaging in a school activity. Random drug testing of all students is unconstitutional under the Fourth Amendment, but random testing is allowed for students who participate in competitive extracurricular activities.

You cannot sue the school if your child suffers a routine injury while playing sports, such as if they are struck by a batted ball or if an opposing football player tackles them. However, you might be able to sue the school for injuries that did not occur in the normal course of competition, such as if the school knowingly provided defective sports equipment to students or failed to properly maintain its sports facilities.

It can be hard to sue a school district because it is a government entity, and restrictions apply to lawsuits against the government. For example, parents likely will need to file a notice of claim with the school district or another appropriate agency within a short time after their child is injured. The notice of claim will provide information about the accident, the injuries, and the compensation sought. Parents generally cannot go to court without first filing the notice of claim. Further restrictions on liability may apply, depending on the state.

Probably. Most states allow children to sue their parents for injuries in car accidents, recognizing that the insurance company pays the compensation. This may cause your insurance premiums to increase, but this may be less expensive in the long term than paying for your child’s injuries out of your own pocket.

Yes, the liability auto insurance policy of a teenager’s parents generally will cover costs arising from accidents caused by the teenager if they have a license and were properly added to the insurance policy.

A child can safely stop using a booster seat when they can fit in a seat belt so that the lap belt fits snugly across their upper thighs and the shoulder belt fits snugly across their shoulder and chest. The lap belt should not cross the stomach, and the shoulder belt should not cross the neck or face.

Yes, you should make your child wear a helmet when they are riding a bike, even if this is not required by state or local law. Wearing a helmet significantly reduces the risk of serious head injuries or death if an accident occurs.

If a predator has contacted your child online, you should block the predator and report them to the social media platform or other online service provider where they contacted your child. You also should report the incident to the police. If possible, you should take screenshots of communications between the predator and your child.

Sexting occurs when a teenager sends or receives sexually explicit photos or videos. While this behavior is usually consensual, it may lead to criminal charges. Some states charge sexting offenses under standard child pornography laws, while other states have taken more lenient approaches.

You might be getting bills addressed to your child because someone has stolen their identity. To check for identity theft, contact the three major credit bureaus (Equifax, Experian, and TransUnion) and ask for a credit report. If your child has a credit report, this likely indicates identity theft. You can then close the fraudulent accounts and get them removed from your child’s credit report.

Video games have not been conclusively proven to make kids act violently. According to the American Psychological Association, current research does not show a causal link between violent video games and violent behavior by children. Playing these games may increase smaller-scale aggressive behaviors by children.

You are required to report child abuse if you are classified as a mandatory reporter in your state. The definition of a mandatory reporter varies by state, but it often includes teachers, school staff, child care providers, doctors, social workers, and law enforcement. In some states, everyone must report suspected child abuse.

Some common signs of child neglect include malnutrition, poor growth, inappropriate clothing, hygiene problems, untreated injuries or illnesses, and unexplained absences from school. Neglect is more likely if these signs appear consistently over a period of time or if they tend to appear after a child spends time with a certain adult or in a certain setting.

You can get compensation for all the costs resulting from the injury, such as medical expenses, costs of future treatment, and any costs associated with a permanent disability. You also can get compensation for the pain and suffering, emotional distress, and other intangible harm suffered by your child. In extreme cases, you might be able to get punitive damages if the defendant engaged in serious misconduct.

Evidence that you might need to prove a claim includes medical records and bills, photos and videos of the accident and injuries, testimony of eyewitnesses, and expert testimony. If a defective product caused the accident, the product may be vital evidence and should be preserved in the same condition. If your child was injured in a vehicle accident, a police report on the accident may help prove liability.

A lawyer can help you get compensation for your injured child by gathering evidence, suing all of the potentially at-fault parties, securing witnesses, filing documents with the court as needed, negotiating with defendants and their insurers, and ensuring that your case complies with any applicable procedural rules. They also can advise you on the value of your case, which can help you decide whether a settlement offer is appropriate.