Children in Chicago Premises Liability Cases
Children create special obligations and duties for owners and occupiers of premises in Chicago. Instances exist where the owner or a person in possession of land knows, or should know, that young children/adults may habitually frequent the vicinity of a defective structure or dangerous condition existing on the land.
There are certain protections landowners need to understand regarding children in Chicago premises liability cases; and for those filing need to understand their own responsibilities and the standard. It is essential to contact an accomplished premises liability lawyer in Chicago if there are any concerns regarding these particular liability considerations.
Duty to Protect
When the risk to the children outweighs the cost of making the repairs; the owner or the occupant of land must eliminate that risk. There is a duty upon the owner or another person in possession and control of the premises to exercise a duty of care to remedy the condition or protect children from injury resulting from it.
The four elements:
- The owner or occupier of the property knew or should have known that the children frequent the property
- A defective structure or dangerous condition or agency was present on the property
- The structure or dangerous condition or activity likely to injure children
- The expense or inconvenience of remedying the dangerous condition would have been slight compared to the risk to the children
Responsibility of a Parent
A person merely in possession and control of a property cannot be required to indemnify against every possibility of injury. The responsibility lies primarily with the parents, whose duty it is to supervise.
Chicago premises liability cases involving children often arise when parents accompanying with their children and invited on a property, the child engages in activity that the landowner would not anticipate, and then receives an injury. Illinois law protects the child through premises liability in Chicago but doesn’t excuse the obligation of the parental supervision.
Negligence Standards
People see this consideration of negligence come up often in situations involving ‘large box stores,’ the home improvement stores where there are materials that are particularly dangerous. People often see signs that warn parents to make sure their children do not play on or around the materials. While box stores have a duty to ensure patron’s safety, it does not eliminate the parental supervision.
Premises liability cases involving children in Chicago with their parents and landowners and occupiers of land may become very complicated, and issues can arise about the negligent acts of the parent as well as the conduct of a child and the possible limits of the duty on the landowner or occupier of the land.
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