When we think of injuries that are sustained when people slip and fall, we tend to think of older people who wind up in the hospital as a result of these incidents. However, given the high number of slip and fall injuries that occur in the United States every year, this public safety problem affects people of all ages. Injuries caused by falls lead to millions of hospital and doctor visits across the country every year, and according to the United States Centers for Disease Control and Prevention, or the CDC, one age group accounts for an enormous percentage of those who need medical care for this reason.
The CDC recently released statistics that indicate that approximately half of all emergency room visits that arise because people are injured in falls in the United States every year involve children who are 10 years old and younger. That statistic has remained nearly constant over the course of several years, and the raw number of children who are badly injured in falls has also remained largely the same.Obviously, not all of these falls and the injuries suffered lead to legal actions, as many children are injured in their own homes or in some other circumstance that does not give rise to a legal claim. However, there are certain locations where a large number of these injuries occur outside of the home, including:
- Daycare centers
- Other people’s homes
There are others, but injuries suffered in falls in each of the locations above could lead to lawsuits depending on the specific facts that relate to the case.
When it comes to the laws that relate to injuries suffered in falls on other people’s property, there is even an exception that tends to apply to children in most jurisdictions across the United States. This exception deals with the legal status of the person who has been injured. Normally, when someone trespasses on someone else’s property and falls and is injured, that person would not have legal rights that include the ability to file a lawsuit.
However, the exception known as attractive nuisance can get around this legal status problem. For instance, if someone has something on his or her property that would be attractive to children and that person does not take adequate steps to prevent children from accessing it, that property owner could be liable if something happens and a child is injured. Examples of attractive nuisances could include:
- Playground equipment
- A swing on a tree
There are obviously many others, but injuries suffered by children who can easily get to these things could lead to problems for a property owner.
If your child has been injured while on someone else’s property and he or she required medical attention, you may have legal rights that need to be explored and perhaps enforced. Contact the Las Vegas injury lawyers at Bernstein & Poisson today to schedule a free initial consultation.