Led by Preston Rezaee, Esq., The Firm is a premier personal injury law practice in Las Vegas, dedicated to delivering justice for accident victims. With a reputation for relentless advocacy and client-focused representation, The Firm ensures injured individuals receive the compensation they deserve.
Las Vegas isn’t just for adults anymore. Increasingly, resorts on and off the Strip cater to families with children, offering attractions like lazy rivers, splash pads, arcade centers, play zones, and kids’ activity clubs. But as family amenities expand, so do the risks for child injuries—especially when resorts fail to uphold basic safety standards.
From pool accidents and playground falls to unattended hazards and negligent staff supervision, many childhood injuries at Vegas resorts are preventable. When they occur due to unsafe conditions, parents often ask: Can we hold the hotel or resort accountable?
In this blog, we break down how Nevada law handles child injury claims at hotels and resorts—and what parents need to know about their rights.
Common Child Injuries at Resorts
While some accidents are simply the result of roughhousing or missteps, many are linked to resort negligence. Common child injuries include:
- Pool drownings or near-drownings
- Slip-and-falls on wet tile
- Cuts from broken equipment or glass
- Falls from playground structures
- Food allergies or foodborne illnesses
- Elevator or escalator injuries
- Injuries during supervised kid club activities
Whether your child was injured while splashing in the pool or left unsupervised by resort staff, you may be entitled to compensation for their injuries and suffering.
What Duty Do Resorts Owe to Children?
Under Nevada premises liability law, hotels and resorts owe a high duty of care to all guests, including children. This duty includes:
- Regularly inspecting play areas and pools for hazards
- Repairing broken or dangerous equipment
- Posting clear warning signs
- Providing lifeguards when appropriate
- Enforcing rules and safety guidelines
- Supervising structured childcare programs
Importantly, courts recognize that children don’t perceive danger the same way adults do—and that resorts must take extra precautions to prevent foreseeable harm.
Attractive Nuisance Doctrine
Nevada also recognizes the “attractive nuisance” doctrine, which applies to features that draw children in but pose hidden dangers, such as:
- Swimming pools without fences or alarms
- Water features or fountains
- Rooftop terraces or balconies
- Arcade machines with electrical hazards
If a resort fails to protect against these dangers—especially when children are likely to be present—it may be held strictly liable for resulting injuries.
Who Can Be Held Liable for a Child’s Injury?
Depending on the circumstances, several parties may share liability:
1. The Resort or Hotel Operator
They are responsible for maintaining a safe environment, staffing adequately, and posting safety signage. If they fail to do so, they may be held directly liable.
2. Third-Party Vendors or Contractors
Many hotels outsource childcare programs or pool management. If negligence occurs under these services (e.g., a daycare provider fails to supervise properly), contractors may be liable.
3. Manufacturers of Defective Equipment
If a play structure, pool drain, or child-specific amenity malfunctions and causes injury, a product liability claim may apply against the manufacturer or installer.
What If You Signed a Liability Waiver or Resort Agreement?
Many resorts include waivers in activity registration forms or general terms and conditions. However, in Nevada:
- Waivers signed on behalf of children are often not enforceable
- If gross negligence or intentional misconduct occurred, waivers may be invalid
- Parents can still pursue claims on behalf of their injured child
Always have a personal injury attorney review any waiver before assuming your rights are limited.
What Damages Can Families Recover for Child Injuries?
If a child is injured due to resort negligence, families may be entitled to compensation for:
- Medical expenses (past and future)
- Emergency transportation or hospitalization
- Pain and suffering
- Emotional trauma
- Scarring or disfigurement
- Loss of enjoyment of life
- Rehabilitative care or special education needs
Parents may also recover loss of consortium damages and lost wages if they had to take time off to care for their child.
How Do You Prove Liability in a Child Injury Case?
A successful claim must show:
- The resort owed your child a duty of care
- That duty was breached through negligence or unsafe conditions
- The breach directly caused the injury
- Your child suffered documented harm or damages
Evidence may include:
- Photographs of hazards
- Witness statements
- Resort incident reports
- Surveillance video
- Maintenance logs
- Medical records
What If the Child Was Partially at Fault?
Nevada uses comparative negligence, but courts recognize that young children are less capable of understanding danger. A child under the age of 7 is typically not considered capable of contributory fault.
For older children, fault may be assigned proportionally—but even then, parents can still recover damages if the child was less than 51% at fault.
Special Legal Considerations for Child Injury Claims
- Nevada allows parents to file on behalf of a minor child
- Settlements involving minors often require court approval
- Funds may be placed in a blocked account or structured settlement until the child turns 18
An experienced attorney will handle these additional requirements to protect your child’s rights.
Why These Cases Require Experienced Legal Help
Child injury cases involve sensitive timelines, emotional challenges, and complex liability—especially when large hotel chains are involved. At The Firm, we understand how to:
- Investigate hotel negligence
- Challenge waivers or disclaimers
- Preserve key evidence (before it disappears)
- Work with pediatric medical experts
- Navigate insurance negotiations with aggressive defense counsel
Your Child Deserves Justice After a Resort Injury
You came to Las Vegas to make memories—not visit the emergency room. If your child was hurt at a resort due to unsafe conditions or inadequate supervision, don’t wait to explore your legal options.
Call The Firm, led by Preston Rezaee, Esq., to schedule a free consultation. Let us protect your family’s future—and hold negligent resorts accountable.
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