Children and Premises Liability Cases

Property owners owe child visitors a duty of care to ensure their safety. Unfortunately, some home and property owners don’t take enough steps to ensure a safe environment for children. When children suffer injuries on someone else’s property because of negligence, the property owner is responsible.

Premises liability laws differ in every state. Take steps to protect your child’s rights after an injury accident. Contact a local premises liability attorney for legal advice.

Common Types of Accidents Involving Children

Children are curious and adventurous. They also don’t always understand the risks and consequences of their actions. This can put children more at risk of injuries on someone’s property. Common types of premises liability accidents for children include:

• Dog bite injuries
• Swimming pool accidents
• Slip-and-fall accidents
• Poisoning
• Burn injuries
• Garage door accidents
• Amusement park accidents

Property Owner’s Special Duty of Care for Children

Property owners owe a duty of care to people on their property. The property owner’s duty can depend on state law and the type of visitor. In some states, visitors are divided into three categories:

• Invitee
• Licensee
• Trespasser

An invitee has permission from the owner or occupier to use the property for business purposes. For example, grocery store customers are invitees.

A licensee is generally a social visitor. If you invite your co-workers over for a Superbowl party, they are licensees. Property owners owe licensees and invitees a duty of care and are liable for injuries caused by negligence.

Property owners owe a lower duty to trespassers. They aren’t liable for most trespasser injuries unless they intentionally caused the accident. However, there is a special duty for child trespassers. If the property owner knows or should know that children trespass on the property, they must warn them of any dangers.

Trespassing and Attractive Nuisance Doctrine

An attractive nuisance is a condition or feature on a property that could attract trespassing children. Examples include tree houses, swimming pools, and trampolines. Property owners must take steps to warn children or protect them from dangerous conditions.

For example, neighborhood children see a treehouse on their neighbor’s property. The property owner should know that children are attracted to these kinds of structures. If a child climbs the treehouse and falls, the property owner could be liable for damages. To avoid liability, the property owner should take reasonable care to address any potential dangers.

Child Swimming Pool Accidents

Property owners with swimming pools have to take safety precautions to reduce the risk of child injuries around their pool. Owners must ensure their property is safe and without hazardous conditions for child swimmers. Dangerous conditions around a pool can include:

• Broken concrete
• Broken diving boards
• Wet floors
• No supervision for swimming children
• Unsafe chemical storage

According to the Centers for Disease Control and Prevention (CDC), drowning is a leading cause of death for children. Nonfatal drowning accidents can also cause serious injuries. Drowning accidents for children can happen at public pools, community pools, backyard swimming pools, and hot tubs.

Many cities and states have building codes for pools, including security fences and self-closing gates. Homeowners who do not follow local safety regulations may be liable for drowning accidents.

Proving a Premises Liability Case

To win a premises liability lawsuit, you must prove all the elements. Elements of premises liability claim include:

• The property owner had a duty of care to children on the property
• The property owner breached their duty of care by failing to address or warn about unsafe conditions
• The dangerous property conditions caused the minor victim’s injuries
• The minor suffered harm as a result of the accident

Types of Damages in Children’s Personal Injury Cases

In a premises liability lawsuit, your personal injury lawyer can recover compensation for your child’s injuries. Compensation includes economic damages and non-economic damages. Types of damages include:

• Medical bills
• Loss of earning potential
• Continuing medical care
• Pain and suffering
• Loss of enjoyment in life
• Compensation for disability or disfigurement

If a child suffers a fatal accident, the family can file a wrongful death lawsuit to hold the property owner accountable. A wrongful death claim can help them get compensation for loss of support, funeral expenses, and burial costs. Talk to a personal injury attorney about how much you can get in damages after a premises liability case.

Time Limit to File a Child Premises Liability Lawsuit

The injured party has a limited time to file a premises liability claim. The statute of limitations is the deadline to file a claim. If you don’t file your lawsuit before the statute of limitations expires, the court can dismiss your claim.

Minor injury victims may have more time to file their claims under premises liability law. In most states, the clock doesn’t begin to run until the child turns 18. However, other states count the statute of limitations from a younger age. Don’t wait to talk to a lawyer about your child’s personal injury claim. Make sure you file your claim before the deadline to get compensation.

How To Protect Your Child’s Rights

Like most, you do what you can to protect your children. However, dangers all around can put your child at risk. Your child risks serious harm when a property owner doesn’t address hazardous property conditions. They should pay for negligently causing your child’s injuries. To protect your child’s rights after an injury accident, contact a premises liability lawyer.

Most premises liability attorneys will offer a free case evaluation. They also offer contingency fee agreements, so you won’t have to pay anything unless they win your case. Contact a premises liability lawyer to get compensation for your child’s injuries.