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CHILD CASES: Premises Liability

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Premises liability generally refers to the area of law that concerns injuries occurring on someone else’s property due to the negligence of the owner of that property. Property owners are required to protect those who lawfully enter on the land or property from reasonable injuries. These property owners include business owners, homeowners and municipalities.

Playground located under pine trees
Playground located under pine trees

The second leading type of child death and serious injury occurs at playgrounds. Playgrounds are intended to be places of fun and recreation. Sadly, there can be many hidden dangers at playgrounds: falling tree limbs, exposed beams, sharp edges and unprotected electrical wiring are all sources of potential serious injury or death to our child clients.

Another leading source of injury occurs at commercial establishments, such as toy stores. Serious injury can originate from foreign objects such as boxes falling from shelves or unsecured areas where children can slip and fall.

Close-up of rotten limbs directly above playground area
Close-up of rotten limbs directly
above playground area

Prosecution of these cases often includes a video re-enactment or animation of the actual injury. Further, the use of premises security experts, such as the past president of the National Playground Association is common in these cases.

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