Homeowners’ Liability When Visiting Families with Small Children

Whether you’re traveling for the holidays or visiting loved ones or friends for any other common reasons, if you’re visiting a family with small children in Massachusetts or the New England states, it’s important to be aware of your potential legal rights should your children be injured on someone else’s property. Although this will hopefully never happen, if it does, you should be aware that depending on the circumstances, you may have grounds to file an insurance claim seeking compensation for such losses as your child’s medical bills. If the insurance company won’t pay up, you may also have the option of filing a lawsuit to seek damages in court.

Whether you have justification to take such action in the aftermath of a child’s injury on someone else’s property depends on numerous factors. The following overview will help you better understand what they are. Generally, though, if you have questions about such matters, it’s best to discuss your specific case with a legal professional who can offer case-specific insights.

The Duties of a Homeowner When a Child Visits the Property

When a child visits someone else’s property for a holiday, a playdate, or other such circumstances in which they are invited onto the property, they are generally considered to be a licensee in the eyes of the law. This means the property owner explicitly or implicitly gave them permission to be on the property.

In such situations, property owners generally have a certain degree of responsibility to keep the premises safe. This means maintaining the property and taking steps to address hazards that might otherwise pose a threat.

For example, in Massachusetts and the surrounding New England states, winters can get very icy. If you’re visiting someone else’s home with your children and ice has formed on their walkway, steps, or other such common areas, ideally the property owner would have taken steps to remove the ice or otherwise mitigate the hazard. If they failed to do so in a timely manner and you or your child were injured as a result of their failure, you may have a case.

That said, many factors—such as whether or not the homeowner could have removed the ice by the time you arrived—can influence whether they’re considered liable in these circumstances.

Similarly, property owners have a duty to warn licensees of hazards that they would otherwise be unable to mitigate. If there’s a dangerous section of the property and a property owner can’t remove the danger entirely, they should at least effectively warn the licensee so they don’t risk injury. If a child was hurt, for example, because a property owner didn’t warn about the presence of a dangerous dog, you may be able to seek compensation through their homeowner’s liability insurance.

A Note on the Attractive Nuisance Doctrine and Trespassing

A homeowner generally isn’t liable when someone is injured on their property if the injured party was trespassing. However, the law also acknowledges that young children may not understand the concept of trespassing to the same extent that an adult would. Thus, even if a child didn’t technically have a legal right or permission to be on a property, compensation may still be available if they were injured due to negligence.

Similarly, many states have attractive nuisance doctrines. Although the specific wording and details of these laws can vary on a state-by-state basis, in general, they require homeowners and other such property owners to address the types of nuisances or features that might otherwise attract a small child to the property.

For instance, a young child might venture over to a property with a pool. To prevent injury, the homeowner should erect a fence or other such barrier accordingly. In fact, your state and/or town likely has specific requirements relating to types and height of such fencing.

This is another factor that can influence whether you have a valid case if your child was injured while visiting another family. Even if the child wasn’t invited onto a particular property, if the attractive nuisance doctrine applies, you may still have the right to seek compensation.

What to Do When Your Child is Hurt on Someone Else’s Property

If your child is ever involved in an incident on someone else’s property that could even theoretically result in injury, make sure they see a doctor even if they say they’re fine. It’s possible for a child to sustain injury without presenting symptoms right away. Keep copies of all their medical records and medical bills, and try to document the conditions at the scene of the property that resulted in the injury.

At Swartz and Swartz, P.C., our team of Boston child injury lawyers can review your case and help you better understand your options in these circumstances. If we agree to work together, we’ll fight for the compensation that may be available. Learn more by contacting us online today to set up your free consultation or by calling us at (617) 742-1900.

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