If there is one thing that can be counted on, it is that children will hurt themselves while playing around. When this involves a few scrapes and bruises, it’s generally no big deal, but sometimes children can get much more seriously injured while playing. What happens if children get hurt while they are playing on your property, and what can you do about it?
The Duty of Care With Respect to Children
Everyone who owns property has a responsibility to ensure that it does not have dangerous conditions that are likely to result in harm to people who are on the property for a legitimate purpose. This responsibility extends to any minor children, whether they are your own or someone else’s. This includes taking steps to repair any known hazards on the property, and warning visitors against hazards you have not been able to repair.
Supervising Children on Your Property
Practically speaking, this means you need to ensure anything that could be dangerous to the children on your property is fixed, or at least warned against. In the case of young children, it means these children need to be supervised by at least one adult who can intervene if something goes wrong. It also means that objects that can be dangerous to children, such as medicine bottles, knives, or firearms, such all be kept out of arm’s reach.
When Children Get Hurt
If a child is hurt on your property, the primary question the court is going to ask is whether you satisfied your responsibility to prevent them from coming to harm. They will examine your conduct before and during the accident to see what steps you took to avoid harm, and whether there is anything you reasonably could have done to prevent the accident. If it is determined that you were negligent and failed to perform your duty of care, you may face legal and financial responsibility for the child’s injuries.
What to Do When a Child is Hurt On Your Property
If another person’s child has been hurt on your property, the first priority is to seek medical attention for the child and notify their parents or legal guardian, if possible. Once that happens, though, you should speak to a lawyer with experience handling premises liability issues. They can help you with your case and ensure you get the best possible outcome to your situation.
If you or a loved one have been injured due to someone else’s negligence, you should seek out the personal injury lawyers at Zlotolow & Associates. Our seasoned New York personal injury attorneys bring more than two decades of trial experience to your case. We serve all five boroughs of New York City, as well as Nassau and Suffolk County. Our aggressive personal injury attorneys always demand maximum compensation. We have helped thousands of clients recover through settlements and courtroom verdicts.
