Your backyard should be a safe place where your children can play and relax without worry. However, homeowners should be aware that various backyard hazards could pose potential risks to children. Even if you don’t have children yourself, understanding these hazards can help you prevent harm to children in the neighborhood or children who visit. On the other hand, if you visit someone else’s property with your kids, whether or not they’ve taken proper steps to mitigate certain hazards, or whether there are hazards due to product defects, can play a key role in determining whether your children do or don’t sustain injuries during a visit.
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The following guide will cover some of the more common backyard hazards homeowners should be aware of, the risks they pose to children, and your potential legal options if your child has been injured in Massachusetts or any of the other New England states because someone failed to address a hazard on their property.
Pools and Hot Tubs
It’s easy to understand how a pool or hot tub can theoretically result in injury to children. Unfortunately, statistics indicate that in the United States, more than 1,000 children die in drowning accidents every year.
There are numerous steps a homeowner can take to prevent such accidents on their property. For example, all pools should have a four-sided fence or similar barrier preventing children from accessing the pool area without an adult’s assistance. Ideally, such a fence or barrier should be at least four feet high, but local and state regulations and ordinances must be consulted. Its gate should also easily close and latch on its own.
It’s wise to protect a hot tub area with a similar barrier. In addition, when a hot tub isn’t in use, a homeowner should cover it with a hard cover that remains locked.
Importantly, children should only use a pool or hot tub under the close supervision of a responsible adult.
General Play Equipment
It’s critical to remember that some of the play equipment that provides children with fun experiences in the backyard can also be dangerous due to various factors. For example, any swing sets, treehouses, or other such structures can put children at risk of being injured in falling accidents.
As a homeowner, you can inspect these structures for damage to ensure that critical areas like steps, monkey bars, and other such features are in good condition. When erecting such structures, particularly if you’re designing them yourself, you should make sure they are at a reasonable height and that the ground beneath these structures is covered with 12 inches of wood chips or mulch. This layer can guard against injury in case of a fall.
It’s critical to remember that some of the play equipment that provides children with fun experiences in the backyard can also be dangerous due to various factors.
Grills
Even cooking equipment can put children at risk of injury if not properly monitored, maintained, and secured. For example, a barbecue grill should always remain at least 10 feet away from any other major objects. This includes the home itself as well as bushes and other such plants.
Children should also be kept far from barbecue grills, fire pits, and other such fixtures and equipment whenever possible. When a homeowner is operating the grill, they need to stand by it and make sure that children don’t get too close.
What to Do if Your Child Was Injured on Someone Else’s Property
Taking steps to minimize the risk of injury to children on your own property is essential as a homeowner. However, you can’t control others’ actions or decisions. Thus, it’s possible your child will be injured due to a backyard hazard that someone else failed to mitigate.
If your child is ever injured on someone else’s property, make sure they receive medical attention as soon as possible, even if their injuries seem minor. It’s possible your child has sustained serious injuries without experiencing significant symptoms right away. For example, the symptoms of an injury like a concussion may not be fully noticeable until hours or even days after an accident.
By seeing a doctor early, your child will receive necessary care that may not have been anticipated. Also, a medical professional will establish a link between the injuries and your child’s accident, which is an important evidentiary step if the injury occurred due to someone else’s negligence, and a claim is pursued.
You may not have to pay your child’s medical bills yourself. If your child was injured due to another’s negligence, you could file an insurance claim seeking compensation accordingly. However, this process can involve documenting losses, coordinating with medical professionals, completing and submitting paperwork, and negotiating with insurance adjusters whose primary goal is to get you to settle your case for as little compensation as possible. Remember, once the claim is resolved, your child cannot seek additional compensation for future related medical issues and related costs not addressed in the original claim.
Thus, it’s wise to consider enlisting the help of a professional who has experience handling cases like yours.
That’s exactly what you’ll find at Swartz and Swartz, P.C. Our Boston Child Injury and Personal Injury Attorneys serving families throughout New England are prepared to review your case and offer aggressive representation for you and your child if you decide to work with us. Learn more about how we can help by contacting us onlinecontacting us online today or calling us at (617) 742-1900 to set up your free consultation.
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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
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