As a parent, you try to do everything in your power to prevent your child from coming to harm. Sadly, that is not always possible. In those instances, a child can sustain a significant injury that requires financial compensation to treat. But if your child sustained injuries on someone else’s property, you might be wondering if the property owner is liable for the injuries. Just because an injury occurs on someone else’s property, it does not automatically mean that they are liable. Nonetheless, property owners, and even renters, face the potential for legal liability if your child, or anyone else, is injured on their property due to the owner’s negligence. To learn whether you can hold a property owner accountable for the injuries your child sustained on their property in California, please read on, then contact an experienced Santa Clara County slip and fall accident attorney today.
When is a property owner liable for injuries in California?
You can hold the property owner or renter liable under the legal theory of premises liability if your child comes to harm on their property due to their negligence in maintaining the property or keeping it safe. You may have an injury claim against a property owner or renter if your child was a guest in their home and slipped and fell on a wet floor, or a hole in the stairs, that the property owner or renter failed to warn you or your child about. This is true regardless of the guest’s age.
Can you hold a California property owner liable for the injuries your child incurred?
When it comes to children, property owners face additional exposure to liability if their property contains an “attractive nuisance.” You may hold the property owner or renter liable under a theory of negligent supervision if your child was playing on their property, under their supervision, and sustained an injury. In general, a parent or person accepts the responsibility of keeping your child safe when they agree to allow the child to gather at their home.
But when a child trespasses, liability becomes more difficult to parse, even when it involves an “attractive nuisance.”
What is an attractive nuisance in California?
Anything on a property that would usually attract a curious or playing child, preteen or teenager would constitute an attractive nuisance, including:
- Swimming pools
- Construction sites
While California has laws and regulations safeguarding construction sites, it leaves things like trampolines and swimming pools to local ordinances. Before you can sue a property owner for a dangerous attractive nuisance, you will need to review the local ordinances of the municipality in which the accident occurred.
Before you make any major decisions, you should speak with one of our skilled Santa Clara County personal injury attorneys first.
CONTACT OUR SANTA CLARA COUNTY FIRM
When someone is wrongly injured in an accident, they often require financial compensation to heal. Contact the Law Offices of Brian J. O’Grady today to learn how we can help.