An innocent play date can turn traumatic when your child is unexpectedly injured at another person’s home. According to the National Safety Council, injury is the leading cause of death among children and young adults in the U.S., and almost half of these accidents are home-related.
As a parent, it’s unsettling when you leave your child at another person’s home and they become injured. But who is responsible for paying for your child’s medical bills – you or the other homeowner?
Understanding Homeowner Liability
After the accident occurs, it’s important to take photos of your child’s injuries and write down what happened. An insurance claim should then be immediately filed by the homeowner where the accident occurred.
Under premises liability, it’s the responsibility of the homeowner to keep their property safe, and repair any hazards that could cause harm or injury to another person. Premises liability covers people who are injured as a result of dangerous conditions on another homeowner’s property. This includes the front and back yards where children play.
Sometimes an insurance company will not pay the injury claim if the homeowner did not make the company aware of high-risk dangers, such as swimming pools or trampolines. Even if the insurance company won’t pay the claim, the homeowner could still be financially responsible.
Trampoline and Swimming Pool Injuries
With trampoline or swimming pool related injuries, other liability factors need to be considered. For example, if a trampoline breaks while a child is jumping on it or a swimming pool causes injury, it could be a product liability claim if the trampoline or pool is found to be defective.
If the homeowner was knowingly aware of the defects and still allowed children to jump on the trampoline or swim in the pool, they could still be liable for the accident.
If a child is bitten by a dog at another person’s house, he or she is covered by Minnesota’s strict dog bite law. The owner of the dog is liable for the child’s injuries and damages. The term “owner” also refers to the person keeping or harboring the dog.
Should You Take Legal Action Against the Homeowner?
Taking legal action against the homeowner can often be a difficult decision. Your child’s well-being should be your first priority. Consider these questions:
Was the homeowner negligent and intentionally put your child in danger?
Did your child sustain life-threatening injuries?
Was your child rushed to the emergency room?
Did you incur costly medical bills as a result of your child’s injuries?
If you have further questions related to child injuries sustained at another person’s home, contact Meshbesher & Spence today to set up a consultation with our personal injury lawyers.