PROPERTY OWNERS MUST PROTECT KIDS EVEN WHEN TRESPASSING
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.