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 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
- Loss of consortium, or the loss of the child’s companionship or services in rare, severe cases
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.