Picture of Michael Anzalone

Children Injured on Property of Others

An individual may enter your property. He or she have an expectation that is reasonable of avoiding injury.

You as a non-owner resident or a property owner is responsible for maintaining an environment that is essentially safe. This is referred to as premises liability.

Property owners and residents are held liable legally for injuries and accidents which occur on the property.

These types of incidents may result in claims of premises liability which encompass from a fall or slip on a municipal sidewalk, to a sustained injury on a ride in an amusement park.

State laws and procedures determine liability in which the injury took place.

The court of law, in some states, will focus on the injured visitor’s status to determine any liability. The focus in other states may on the property condition, and activities of visitor and owner.

It is crucial to remember that a land occupier, such as a tenant in an apartment, is treated similarly in many situations as a landowner.

In states where the property condition, and owner and visitor activities are given consideration, application of uniform standard of care occurs for licensees and invitees.

Other than a trespasser, the uniform standard stipulates for the safety of a visitor the exercise of reasonable care.

If the owner, with respect to trespassers, is aware that trespassers are likely to enter the property, that individual may be charged with a responsibility to provide reasonable warning for injury prevention.

This requirement is applicable solely with respect to conditions which are artificial, which the owner maintains or has created. This situation can possibly cause catastrophic injury or a fatality.

The duty of the landlord to warn can be different when it pertains to children who don’t have authorization to set foot on a property.

A possessor or a property owner must offer a precaution if that individual is aware, or should be aware, that children are apt to set foot on the premises.

Thus, a hazardous condition on the premises can result in catastrophic injury to the body, or even death.

At-Fault Liability for Both Parties

The argument that the injured victim was at-fault partially for the occurrence is among the most typically used limitations on the liability of a property owner or possessor.

In most cases, a visitor has a responsibility to exercise considerable care for safety, for oneself. When that care is not appropriately exercised, the recovery of the plaintiff may be reduced or limited by negligence.

The majority of states follow the system of comparative fault in personal injury lawsuits. This means that the legal damages of an injured victim will be diminished by a percentage equal to his or her at-fault for the occurrence.

Thus, if the decision is made that the injured victim was liable at 25% for the accident, with total damages of $5,000, then he or she will receive merely $3,750.

Contact us for a free consultation or call Anzalone Law Firm PLLC, at: 603.548.3797

Client Reviews
★★★★★
Great lawyer...Professional, organized, caring and effective. Michael is very informative and was always willing to explain the reasons behind what was being done. Can't say enough about how helpful he was every step of the way. It was really nice to feel like I actually understood what was going on with my case.