Posted on Friday, July 28th, 2017 at 11:26 pm    

Property owners have a duty to anyone they invite on their property to make sure that there are no dangers that can cause injury or that they sufficiently warn visitors of a potential hazard. If a person is injured on private property, that person may have a claim against the property owner under California’s premises liability laws. The laws provide a way for an accident victim to sue the property owner for compensation for damages. This type of personal injury case is commonly referred to as “slip and fall” claims.

When the person is trespassing, the matter becomes much more complicated. However, when that person is a child, the law has been clear. Adults must take steps to protect children from danger, even when that child is not invited because children are not able to process risks and consequences in the same way as an adult.

Children do not fully understand the various dangers associated with certain behaviors.  Therefore, a property owner could be held liable for injuries occurring on his or her property even if the child was trespassing.

Accidents Involving Children and Swimming Pools

Swimming pools are a common example a property owner’s responsibility to protect children who may trespass on the owner’s property. A swimming pool is very tempting for a child and very dangerous.

According to the Centers for Disease Control, drowning is the fifth most common reason for unintentional injury death in the United States with approximately ten (10) people dying each day from unintentional drowning. Of those ten (10) deaths, two (2) are children aged 14 years or younger. Children between the ages of one to four (4) years have the highest drowning rates. For children up to 14 years of age, drowning is the second most common reason for unintentional injury.

Property owners must take steps to protect children from being injured on their property even if they do not know the child may enter the premises. Placing a fence around the pool with a locked gate is one of the best ways to keep children away from the pool. Removing ladders from above ground pools when not in use is another way to keep children out of the water.

Installing safety covers is another way to prevent unintentional drownings when a pool is not in use. Likewise, there are several pool alarms, including perimeter, gate, and pressure alarms, that can alert homeowners when someone is entering the pool area. Always remove toys and inflatables when not using a pool — a child may see these items and fall into the pool trying to reach for one.

If a homeowner does not take any precautions or does not take sufficient precautions, he or she can be held liable if a child is injured. It is important that you understand your rights and your child’s rights if your child is injured while on another person’s property. A homeowner cannot always escape liability by claiming that the child was trespassing on his or her property.

Call a Sacramento Injury Attorney for More Information

A child’s death or injury is tragic regardless of how it occurs. For the parents, nothing can ease the pain of losing a child or watching their child suffer.

The Sacramento accident attorneys of the Tiemann Law Firm help parents and their children seek justice for injuries. You can contact our office for a free consultation by calling (916) 999-9000 or by visiting our website.  Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.

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Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial

Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.