Proving premises liability in the state of Nevada

20671880_sNevada child care centers are responsible for providing a safe environment for children who are in their care. If an incident occurs, involving the death or injury of a child while they are in the care of a daycare facility, premises liability and personal injury laws in Nevada will determine to what extent the facility is responsible for the injuries. In many cases, it is up to the injured child’s parents and attorney to prove negligence.

Nevada child care center regulations

Daycare owners in Nevada must abide by state regulations, which define specific requirements for running a child care facility. According to Nevada State Legislature, child care centers must:

  • Meet the indoor and outdoor space requirements set for each child.
  • Keep the facility within the correct temperature range based on the time of the year.
  • Construct and maintain playground equipment that is in compliance with all state standards.
  • Keep all areas of the facility clean of trash and possible slip-and-fall
  • Maintain a safe distance from any bodies of water that may be accessible to children.
  • Have fences or barriers constructed preventing unsupervised children from wandering away.

The state has also created regulations regarding the handling of weapons in child care facilities, environmental health inspections, fire safety plans, transportation of children and caregiver requirements. Child care facilities that are not in compliance with all state regulations may be held responsible for property owner negligence if an accident occurs.

Proving negligence

In order to prove that a daycare owner’s negligence was directly responsible for the injury or death of a child, parents must prove that the facility has failed to meet mandatory state regulations. As a way to gather more information for the case, parents are encouraged to find out exactly how the injury occurred. Child care facility accidents may be caused by inadequate supervision, unsafe playground equipment, or hazardous obstacles or debris.

Last month, a 3-year-old boy died while playing unattended on the playground of his daycare facility. According to the Atlanta Journal-Constitution, the caregiver had left the boy and two other children outside on the playground as she disciplined another child inside the home. While she was inside, the caregiver received a phone call, made another phone call and then used the restroom before returning to check on the children. At that time, the young boy was not breathing and had twine wrapped around his neck. The caregiver has been indicted on child cruelty and second-degree murder charges.

Fortunately, many child care facility accidents, injuries and deaths are preventable. Legislation is written to prevent these incidents from occurring; however, some caregivers and care center owners choose to disobey these regulations, which can endanger the wellbeing and lives of the children in their care.