When Children Are Injured in Accidents: California Laws Parents Should Know

B&D Law Group, APLC
July 25, 2025
Personal Injury

When a child is injured in an accident, the consequences can be devastating for both the child and their family. In California, special legal rules apply to injuries involving minors, from how long you have to file a lawsuit to who can be held liable and how compensation works.

If you’re a parent or guardian navigating this challenging situation, it’s crucial to understand your rights under California child injury law. This guide breaks down key legal concepts, including school liability, product-related injuries, and the statute of limitations for personal injury claims involving minors.

Statute of Limitations for Minors

One of the most important differences in personal injury minor cases is the statute of limitations. In most California personal injury claims, adults have two years from the date of injury to file a lawsuit. But when the victim is a child, the clock is paused.

Under California law:

The statute of limitations for most child injury claims is tolled (paused) until the child turns 18.
After their 18th birthday, the child generally has two years to file a personal injury lawsuit.

This gives families more time, but it doesn’t mean you should wait. Evidence can degrade, and witnesses can disappear. Prompt legal action is always best.

School Injury Liability in California

California public schools and districts can be held liable for injuries that occur on school grounds or during school-sponsored activities. However, the rules are different for government entities.

In C.A. v. William S. Hart Union High School District (2012), the California Supreme Court held that school districts can be sued for negligence when supervisory employees fail to protect students from foreseeable harm, such as abuse or unsafe conditions.

To sue a public school or district, parents must:

File a government claim within six months of the injury (a strict deadline)
Then wait for the agency to accept or reject the claim before filing a lawsuit.

Failure to follow this process can result in a claim being dismissed, regardless of merit.

Common Child Injury Scenarios

Children’s injury claims run on different clocks and different rules than adults’. The two-year filing deadline is generally tolled during childhood: under Code of Civil Procedure § 352(a), the period of minority is excluded from the limitations period, so a child injured at ten does not lose the claim at twelve. Two important caveats. Claims against public entities have their own strict claim-presentation rules, where minority gives far less protection and prompt action is still required. And any settlement of a minor’s claim requires court approval — a judge reviews the terms, and the funds are protected for the child, typically in a blocked account until age eighteen. Waiting is still unwise even where the deadline allows it: evidence disappears on the adult timetable.

Children are more vulnerable to injury in various settings, including:

Schoolyards and playgrounds
Amusement parks or camps
Daycare centers
Sports and recreational facilities
Defective toys or furniture
Motor vehicle accidents (as passengers or pedestrians)

In each case, liability will depend on whether the injury resulted from someone’s negligence, recklessness, or a dangerous product.

Product Liability and Child Safety

If your child is injured by a defective product, such as a toy, crib, or car seat, you may have a product liability claim. Under California law, manufacturers, distributors, and retailers can be held strictly liable if a product was:

Defectively designed
Defectively manufactured
Lacking adequate warnings or instructions

These cases often involve the U.S. Consumer Product Safety Commission (CPSC), recalls, and expert testimony about product design flaws.

Damages and Parental Claims

In a child injury case, compensation may include:

Medical expenses (past and future)
Pain and suffering
Emotional distress
Disability or disfigurement

Parents may also be able to claim:

Medical costs they personally paid for their child
The cost of care they provide themselves, where that can be documented. Note that California does not allow a parent to recover loss of consortium for injury to a child — Baxter v. Superior Court (1977) 19 Cal.3d 461 forecloses that claim

Courts often require settlements involving minors to be approved by a judge to ensure the child’s best interests are protected. Funds may be held in trust until the child turns 18.

Why You Need a Child Injury Attorney

Child injury cases involve unique legal and procedural challenges. A skilled attorney can:

File timely government claims
Navigate school district or daycare liability
Retain medical and safety experts
Secure judge-approved settlements for minors

At B&D Injury Law, we handle child injury cases with sensitivity and legal precision. We understand what’s at stake for your child and your family, and we work tirelessly to pursue the justice and compensation you deserve.

Protecting Your Child Starts with Knowing Your Rights

If your child has been injured due to negligence or a defective product, don’t delay. California law provides strong protections for children, but only if you act within the required timelines and procedures.

Contact B&D Injury Law today for a free case review. We’ll explain your legal options, handle the legal process, and focus on securing the support your child needs.

Frequently asked questions about child injury claims

Does the two-year deadline apply to my child’s claim?

Generally the limitations period is tolled during minority under Code of Civil Procedure section 352(a), so it typically does not begin running until the child turns eighteen. Claims against public entities are a major exception and require prompt action regardless of the child’s age.

Who brings the claim for an injured child?

A parent or guardian pursues it on the child’s behalf, usually appointed by the court as guardian ad litem for the litigation.

Does a child’s settlement need court approval?

Yes. California requires a judge to approve the compromise of a minor’s claim, and settlement funds are protected for the child — commonly in a blocked account until age eighteen.

Can parents recover their own damages?

Parents can generally recover the medical expenses they paid for the child’s treatment. California does not allow a parental claim for loss of the child’s companionship in an injury case, a limit the courts have confirmed.