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Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Nevada Personal Injury Law Introduction on our home page. Also, you can get an overview of the different types of claims such as Wrongful Death, Auto Accidents, Premises Liability, and Products Liability before you explore the Article below if you reached our site through this page.

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  • Children And Dangerous Instrumentalities


  • Children And Dangerous Instrumentalities

    Smith v. Smith-Peterson Co., 56 Nev. 79, 45 P.2d 785 (1935:

    Injuries resulting in death or maiming of children, who by reason of their immaturity have been disposed to investigate and play with attractive dangerous instrumentalities, form a long and melancholy train of events in the realms of jurisprudence. These mournful experiences are sufficient, we think, to supply the basis of a rule of care on the part of those employing such instrumentalities in places accessible to and likely to be frequented by children. The degree of care should, of course, be commensurate with the dangerous nature of the instrumentality. There are few things more attractive and none more dangerous for children to play with than a dynamite cap. As stated in Wood v. McCabe & Co., 151 N.C. 457, 66 S.E. 433, 434: "All courts and writers agree that the degree of care required of persons using such dangerous instrumentalities as dynamite in their business is of the highest, and what might be reasonable care in respect to grown persons of experience would be negligence as applied to youths and children."

    Powell v. Nevada, C. & O. Ry., 28 Nev. 40, 78 P. 978 (1904):

    Sound reason irresistibly leads the mind to the conclusion that the degree of care and caution which should be exacted from the operators of dangerous instrumentalities should largely be measured by the probability of danger.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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    DEMPSEY, ROBERTS & SMITH, LTD.
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