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Children on Property Accidents
Cape Code Premises Liability Lawyers
The Law Offices of John C. Manoog III is a Massachusetts personal injury law firm whose Hyannis slip and fall attorneys have decades of experience representing the families of children injured on property owned by another person or entity. We understand the intricacies of the law as it applies to these types of cases, we know what judges and juries are looking for when considering related claims, and we work tirelessly to ensure that the responsible parties – property owners, businesses leasing the premises, defective product makers, and others – are held liable for the damages they cause.
Injuries on Property Can Lead to Significant Damages
Whether in a private home, in a yard, or at a store or other place of business, accidents can and do happen. The term “premises liability” refers to the legal theory under which a property owner can be held responsible for certain accidents that occur if the owner failed to keep the premises reasonably safe, or neglected to warn visitors of hazards. Roughly $4 billion in damages are awarded to injured persons in these cases each year, according to the U.S. Department of Justice.
Premises Liability Lawsuits
From a slip and fall on a wet spot at a grocery store, to a tripping accident in a poorly maintained parking lot, to slipping on snow or ice, to a tumble down a defective staircase, premises liability accidents can cause severe injuries and even death. For young children, who may be less aware of safety hazards and more prone to injury, the potential for a serious accident is even greater than for an adult.
In order to successfully sue a property owner for premises liability, the person suing (plaintiff) first must show that the owner (defendant) failed to maintain the property in a reasonably safe condition or to adequately warn visitors of dangerous conditions about which the defendant knew or should have known. The plaintiff must also show that this failure caused an accident, and that the accident resulted in specific, identifiable injuries. A plaintiff who successfully establishes premises liability may be entitled to a variety of damages, including money for:
- Doctor’s bills and medical costs
- Property damage
- Missed wages, including those for a parent forced to miss work as a result of a child’s injury
- Mental and emotional distress
Special Legal Standards Governing Injuries to Children in Massachusetts
Under the comparative negligence standard in place in Massachusetts, an injured party has to show that the person or entity being sued was at least 51 percent responsible for the accident. In other words, it must be clear that the injured person wasn’t more responsible for the accident than was the person or entity being sued.
When considering a child’s potential negligence, however, the child’s own conduct is considered against the standard of care of a child of like age, intelligence, and experience. That means a child injured after wandering onto another person’s property, for instance, generally won’t be expected to be as aware of any hazards on the property as would an adult. While any negligence by the child’s parents can’t be directly imputed to the child, defendants in these cases often name the parents as third party defendants. This raises additional legal issues and questions which parents should consider before bringing suit.
Experienced, Aggressive Legal Representation
At the Law Offices of John C. Manoog III, our personal injury attorneys have more than 146 years of combined experience representing clients in personal injury cases, including those related to a child’s injury on another person’s property. We are well respected in the legal community as tenacious litigators and seasoned negotiators. Among other previous victories, we’ve obtained a number of six- and seven-figure settlements for the people we represent.
Our Massachusetts personal injury lawyers don’t charge a fee in many cases unless we are successful. We also offer free consultations from offices in Plymouth and Hyannis, and we are glad to travel to you if you can’t make it to our offices. Call us at (888) 262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.