Unfortunately, children are frequently injured while under the care and supervision of another person. In some instances, the injuries take place at the home of a neighbor, friend, or even family member. Is a homeowner liable for all child injuries that take place in or near the home? The simple answer is “No”. The homeowner is not liable for every incident and every injury that takes place in a home. Like any other case there are typically four factors to consider to determine if a homeowner is liable for injuries sustained by a child:
1. Duty. Generally, a homeowner has a duty to provide a reasonably safe environment for guests and visitors to the home including children. This includes the inside of the home as well as the yard and playground to the home. Furthermore, a homeowner has a duty to reasonably supervise children while at the home as well. The level and extent of the supervision will depend on the age of the children as well as the abilities and or special needs of the children.
2. Breach of Duty. When considering the issue or element of breach of duty, each case must be evaluated on its own facts and circumstances determine if the homeowner breached the duty. It all has to do with the reasonableness of the homeowner’s actions and if it was feasonable and practical to act differently.