When someone visits a person’s property, the owner owes that person a duty of care to keep that person safe. They are responsible for maintaining the condition of their property. They must inspect it for potential dangers and correct any that are discovered. Many people are unaware that when a property owner lets a youngster into their property, they are assuming a new amount of responsibility.
Continue reading to discover more about this fascinating subject, and then call The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation with a personal injury attorney.
Adult guests on your property: your responsibilities to them
When a person welcomes another person to their property, whether it is personal property or a business, the owner must try to eliminate dangers that might result in slips, falls, or other accidents. They are not, however, responsible for safeguarding their visitors from “open and evident” risks. A reasonable individual should be aware of these dangers, such as a huge slope in their property. The property owner is not liable for the activities of a guest who acts carelessly or recklessly.
Adult trespassers: responsibilities
Naturally, not everyone who walks onto your property is a visitor. Some are there in violation of the law. In most places, a property owner’s liability is limited to not intentionally hurting trespassers. California, on the other hand, has its own set of rules. The visitor’s status is less essential here than the cause of the harm. The court will consider whether trespassing caused the injury, which they will almost always conclude was the case if the individual in issue exploited the land in an unreasonable or unforeseen manner.
If the trespasser was just strolling over your land and was wounded as a result of a circumstance that would have affected anybody on the property, you may be held liable. They would not have a case if they were strolling on your roof and fell through your skylight since walking on the skylight was not a legitimate use of it. If they slip and fall on your back porch owing to a slick material, however, it may be the property owner’s fault.
Special responsibilities to children
It makes no difference whether the youngster is supposed to be there or not when it comes to a person’s obligation to children on their property. The attractive nuisance theory imposes a unique obligation of care on the property owner.
According to this theory, infants are born lively and interested, and they are unlikely to fully comprehend the hazards they are exposing themselves to. A danger notice, for example, may protect a property owner against an adult’s injury, but this may not be the case for a child’s injury.
If you or a child has been wounded and you feel the property owner is to blame, call The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.