Premises Liability Child falling on personal property with negligent mother watching

[awbc]

Jurisdiction

Colorado

A Mother and child(2-3yrs old) were walking on sidewalk in front of home's property. At about the midpoint of property front, mother stops walking and let child into property. The child almost tripped entering about 2' into property, and stayed a minute or 2 looking around. As child was walking out of property, child tripped in property falling forward onto sidewalk. There is no grass on property front. Front property is covered with medium size river rock. In addition, 3 larger rocks (about 200lbs each) sit on property front edge to bordering sidewalk. This is to prevent cars that drive on sidewalk, when turning around, from driving on property. The residence is in HOA. The HOA does not permit perimeter fencing of property front to prevent mishaps as such. The mother walking/watching the child let the child come onto property, knowing by her own observation, property could be hazardous to her child. What is liability for property owner when accompanying mother was negligent in keeping her child out of property and child was hurt from fall?

 

[Zigner]

This sounds like homework...
But, if it's not, then the homeowner should make sure to notify their insurance company about the matter and let them handle it.

 

[welkin]

1. Are you the property owner?
2. Why are you asking? Have you been serviced with a lawsuit or received a demand letter?
3. How serious was the child's injury and was a police report taken?
4. Have you contacted your insurance company?

With the answers to the above questions, we may be able to answer your question.

 

[army judge]

At about the midpoint of property front, mother stops walking and let child into property.

Hmmm, I wonder WHY any sane, responsible parent would do that?

Have you asked the woman, you believe to be the poor child's mother, why on Earth did you assist your toddler in "trespassing"?

By the way, OP, was law enforcement or paramedics called to the scene?

The child almost tripped entering about 2' into property, and stayed a minute or 2 looking around. As child was walking out of property, child tripped in property falling forward onto sidewalk. There is no grass on property front. Front property is covered with medium size river rock. In addition, 3 larger rocks (about 200lbs each) sit on property front edge to bordering sidewalk.

Hmm, you know too much about the landscaping to NOT be the property owner. As you initially OBSERVED the mother and child trespassing on your property, why didn't you IMMEDIATELY contact local law enforcement?

This is to prevent cars that drive on sidewalk, when turning around, from driving on property. The residence is in HOA. The HOA does not permit perimeter fencing of property front to prevent mishaps as such. The mother walking/watching the child let the child come onto property, knowing by her own observation, property could be hazardous to her child. What is liability for property owner when accompanying mother was negligent in keeping her child out of property and child was hurt from fall?

The property owner's liability can only be determined after the matter has been tried in court and the jury found in the favor of the property owner or the mother and toddler combo. Internet strangers know too little to opine about the outcome of hypothetical or matters about which they know ONLY your side of this tragic tale.

 

[army judge]

What are Colorado's Slip and Fall Laws?

Colorado laws regarding slip and falls are known as premises liability laws. These laws are complicated, and an attorney's help navigating them can be crucial to successfully recovering from a slip and fall accident.

At Dormer Harpring, our Denver slip and fall accident lawyers know Colorado premises liability laws inside and out. Dedicated to helping injured people, we are ready to provide you with unique representation while helping you recover. Our goal is to help you get your life back to normal after a slip and fall.

Proving Negligence in Colorado Slip & Fall Cases

Proving fault or liability for a slip and fall accident generally requires proving that one or more of the following applies:

• The party responsible for the property caused the dangerous conditions that led to the slip and fall and did nothing to repair them, block them off, and/or warn visitors about them.
• The party responsible for the property was aware of the dangerous conditions and did nothing to repair them, block them off, and/or warn visitors about them.
• The party responsible for the property should have been aware of the dangerous conditions because a "reasonable" person in the same situation would have been aware of them – and could and should have repaired them, blocked them off, and/or warned visitors about them.

That said, the following factors can complicate claims for compensation:

• The injured person was acting carelessly on the property, contributing to the slip and fall accident.
• The injured person was trespassing on the property where the slip and fall accident occurred.
• The injured person should have been able to avoid the slip and fall accident because a reasonable person in the same situation would have been able to notice the risk and avoid the fall.

COLORADO SLIP & FALL LAWS: MORE IMPORTANT INFORMATION

• Case filing deadlines – Colorado law usually provides two years from the date an accident occurred for injured people to file a claim. After that time frame, these claims can expire and be dismissed. One exception to this arises when a slip and fall accident causes fatal injuries. In these wrongful death cases, the loved ones have two years from the date of death, which may differ from the date of the slip and fall accident.
  Another exception is when the responsible party is a governmental entity. These types of cases involve much shorter deadlines to send the correct governmental entity a notice of claim that meets a series of somewhat strict requirements.
• Financial recoveries for slip and fall victims – When slip and fall claims are successful, recoveries can include compensation for (but may not be limited to) medical bills, lost wages, loss of consortium, and mental suffering.

What are Colorado's Laws Surrounding Slip & Fall Accidents?

We explain Colorado laws surrounding slip and fall accidents. For help after a slip and fall, call our Denver premises liability lawyers.

www.denvertrial.com

 

[army judge]

What to Do After a Slip and Fall on Your Property​

If a slip and fall accident occurs on your property, there are several steps you should take to prepare for the potential of a lawsuit. While laws may vary depending on where you live or the type of property you own, these steps apply to most common slip and fall scenarios.

Contact Your Insurance Carrier

Upon discovering that a slip and fall occurred on your property, immediately notify your homeowner insurance carrier of a potential claim. Most insurance policies have strict notification timing requirements, so it is better to head any denial of coverage issues off at the pass as soon as possible. A phone call to your insurance agent followed by a mailed letter describing what happened will suffice.

Investigate and Record the Accident Site

The next step is to investigate the slip and fall itself. If you did not see the accident actually occur, try to find co-workers, employees, friends or neighbors who may have witnessed the slip and fall. Write down what they tell you, and make sure you have up-to-date contact information for any witnesses you speak with. Take pictures of the area in which the slip and fall occurred. If the injured party is contemplating a lawsuit, it is highly likely that they will have taken their own pictures or had their lawyer do it for them. In the age of cell phone cameras, pictures have a way of appearing out of thin air. Do not put yourself in the unenviable position of relying upon the photos of an adverse party.

If you saw the slip and fall accident personally, do not be afraid to assist the person who fell and do not be afraid to ask them questions. People are much more likely to tell the truth immediately following an accident than they are days, weeks or months down the road. Make sure you get contact information from the injured party. It is perfectly normal to assist someone after a fall, especially if they are injured. And it is also perfectly normal, in this day and age, to protect yourself if you feel a lawsuit is a possibility. Even friends and family can—and often do—bring lawsuits after slip and falls. The more information you collect at the time of the accident, the better protected you will be.

Prevent Future Slip and Fall Accidents

While it is possible for people to slip and fall absent some type of hazard, the more common scenario is that some condition on your property contributed to the accident. If you know of a hazard, fix it. Once you are on notice that there is a hazard on your property, the law usually demands that you take steps to correct the problem before someone else gets hurt. Do not put yourself in the position to be sued multiple times for the same hazard. Fix sidewalks or concrete. Shovel snow or remove ice. Tighten loose steps or rails. Whatever the hazard that caused the fall, fix it as soon as possible.

There is no way to tell whether someone will bring a lawsuit or some other type of action after a slip and fall. If you take the appropriate steps after a fall occurs, you will put yourself in the best possible position to defend any potential action taken against you.

Case Studies: What to Do After a Slip and Fall on Your Property

Case Study 1: Slip and Fall at a Residential Property

Mary owns a residential property and one day, a visitor slips and falls on her front porch due to a loose railing. Mary quickly contacts her homeowner insurance carrier to report the incident.

She gathers statements from witnesses who saw the accident and takes photographs of the porch to document the hazardous condition. Recognizing the need to prevent future accidents, Mary promptly repairs the loose railing and ensures the safety of her property.

Case Study 2: Slip and Fall at a Commercial Property

John operates a small retail store, and one day a customer slips and falls on a wet floor near the entrance. John immediately notifies his insurance carrier and informs them about the incident. He interviews employees and other customers who witnessed the accident, noting down their statements and contact information.

John takes photographs of the area to document the wet floor. To prevent future accidents, he installs non-slip mats and increases the frequency of floor inspections and cleaning.

Case Study 3: Slip and Fall at a Public Place

Sarah manages a public park, and a visitor slips and falls on a cracked sidewalk. As soon as Sarah learns about the accident, she contacts the park's insurance carrier to report the incident. She interviews witnesses who observed the fall and collects their testimonies. Sarah takes photographs of the cracked sidewalk and immediately arranges for its repair to ensure the safety of park visitors.

What to Do After a Slip and Fall on Your Property | FreeAdvice

www.freeadvice.com

 

[zddoodah]

The property owner is liable if he/she committed negligence. In this case, the negligence would be allowing an unreasonably hazardous condition to exist. Based solely on your post, I see no negligence. However, I agree with this:

the homeowner should make sure to notify [his/her] insurance company about the matter and let [it] handle it.

 

[adjusterjack]

What is liability for property owner

None.

 

[Tax Counsel]

What is liability for property owner when accompanying mother was negligent in keeping her child out of property and child was hurt from fall?

That depends on exactly what aspects of the property existed at the time that the owner knew or should have known may be a danger to others and whether the owner took reasonble steps to avoid that danger or sufficiently warn others of the danger. It's possible that both the owner and the mother share responsibilty for any injury the child suffered. There is no way to predict on the basic facts given how a jury would come out on this if the matter went to court. But these are the kinds of things a homeowner should have covered by adequate insurance. After all, even if the owner successfully defended against the claim, he or she would be out all the legal expenses and related costs. With good insurance, that wouldn't be a problem except, perhaps, for any deductible that the owner has to pay.

 

[zddoodah]

With good insurance, that wouldn't be a problem except, perhaps, for any deductible that the owner has to pay.

Liability insurance wouldn't have a deductible. Commercial liability insurance often has self-insured retention, which requires the insured to cover up to a certain amount of liability and/or defense costs, but I've never heard of homeowner's insurance having an SIR.