Accidents of Young Kids at Home

When you invite people to your home, the possibility of them being injured probably never crosses your mind because you keep your home safe. This is your obligation as a property owner, which is legally called premises liability. However, it isn’t limited to people you invite over and entertain as guests. It also covers delivery personnel, newspaper carriers, and anyone you do business with out of your home. While you must maintain a reasonably safe environment, the person visiting can’t act in a deliberately reckless manner and then sue you for his or her injuries.

Determining the Legal Status of Your Visitor

When someone is injured on your property, it is important to correctly identify his or her legal status. This determines whether you are responsible for paying that person’s medical costs and to what degree you are responsible for the injuries. An invitee is someone who comes to your home to do business with you for your financial benefit. An example of this is someone who works at home as a consultant with people who need help with their resumes and other practical job-search skills. Whether you see one client per week or several days, you have an obligation to make your home safe. This includes warning them of any potential dangers, such as a loose step or handrail upon approaching your doorway.

According to Patterson P.C, counsel you can trust, the majority of people who visit you at your home fall into the category of the licensee. This is a visitor you invite to your home for the mutual benefit of both of you. There may be one visitor, such as when you invite your friend over to chat, or several visitors at the same time, such as when you host your family’s Christmas gathering. As with the invitee, you must keep your home reasonably safe and warn a licensee of any potential dangers. Because this is your legal obligation, someone who is injured on your property could sue you if you didn’t meet it.

A trespasser is someone who is present on your property without your permission. Since he or she had no right to be there, your duty of safety is extremely limited. You are not required to ensure that your home and yard are safe or warn the trespasser of any potential hazards. However, the law does not permit you to set a trap to injure the person.

Special Considerations When Children Get Hurt on Your Property

According to Patterson P.C (, children are not legally held to the same standards as adults when it comes to exercising reasonable behavior to avoid injury on your property. This includes children who are on your property without permission. If you own something that is considered an attractive nuisance and a child is injured because of it, you could be held liable. Examples of what qualifies as an attractive nuisance include swimming pools, dangerous animals, and machineries like lawnmowers, fountains, wells, and tunnels. You are required to post a notice warning of the dangers or take reasonable precautions to ensure that children can’t see or access items on your property that could hurt them.

Comparative Fault

The majority of states allow for comparative fault, which means that the property owner and injured guest both share some responsibility for the accident. If you receive a personal injury lawsuit, it’s essential to learn the laws in your state and seek legal guidance as soon as possible.

Leave a Reply

Your email address will not be published. Required fields are marked *