If your child suffers an injury accident on someone else’s property, you may be entitled to recover damages.
Property owners are obligated by law to protect guests by:
- eliminating unreasonable hazards,
- guarding against them, or
- providing appropriate warnings.
Many issues come into consideration in matters involving injuries to children on premises; here are just a few:
- Disregard of Engineering / Architectural design standards for:
- Stairways / steps;
- Hand Railing;
- Stairway / Pool Gates;
- Porches, landings, balconies, and similar structures;
- Walking paths;
- Riding paths;
- Playground equipment (falls from playground equipment have remained the largest single hazard pattern associated with playground use.)
- Playground surfacing;
- Failure to perform reasonable inspections to identify unreasonable hazards
Inadequate maintenance of equipment is frequently the source of injuries and deaths. Because safety equipment and its suitability for use depend on good inspection and maintenance, the manufacturer’s maintenance instructions and recommended inspection schedules should be strictly followed. If manufacturer’s recommendations are not available, a maintenance schedule should be developed based on actual or anticipated use. Frequently used equipment will require more frequent inspections and maintenance.
A comprehensive maintenance program should be developed for each safeguarded area. All areas and equipment should be inspected for excessive wear, deterioration, and any potential hazards. One possible procedure is the use of checklists. Some manufacturers supply checklists for general or detailed inspections with their maintenance instructions. These can be used to ensure that inspections follow the manufacturer’s specifications. Detailed inspections should give special attention to moving parts and other parts that can be expected to wear. Maintenance inspections should be carried out in a systematic manner by personnel familiar with the safeguards, such as maintenance workers, maintenance supervisors, etc.
Inspections alone do not constitute a comprehensive maintenance program. Any problems found during the inspection should be noted and fixed as soon as possible.
- All repairs and replacements of equipment parts should be completed following the manufacturer’s instructions.
- User modifications should be removed immediately.
- For each piece of equipment, the frequency of thorough inspections will depend on the type and age of equipment, the amount of use, and the local climate.
- Consult the manufacturer for maintenance schedules for each piece of equipment. Based on these schedules, a maintenance schedule for the entire facility can be created. This routine maintenance schedule should not replace regular inspections.
- Timely elimination, safeguarding or warning of identified fall hazards;
Premises owners are responsible for conducting reasonable inspections of their premises to identify unreasonable hazards and either eliminate them, guard against them or effectively warn about them. Warnings of fall dangers are the last opportunity to communicate and unreasonable risk of injury to visitors. Often, this will take the form of an effective sign, a security guard or other device that will effectively communicate the warning of the hazard.
At The Law Office of J. Michael Solar PLLC our knowledge, skill and caring will not only help prosecute your claim, but will also assist you in securing the best medical care available. Choosing the appropriate medical facility or healthcare provider can mean the difference between life and death or a great recovery or a poor one. At The Law Office of J. Michael Solar PLLC we not only assist our clients in finding the appropriate medical match, but we protect them from those unscrupulous insurance companies who use their power over hospitals and doctors to push patients out of the hospital too soon, without the necessary care they need at home. This means assisting them in obtaining emergency medical care; assisting them in transferring from a rural or suburban hospital to a major trauma or burn unit; or being discharged to physical / vocational rehabilitation unit. These can be difficult tasks but may be essential to their optimal recovery.