Alarming – Property owner’s may soon be liable despite parental negligence. This case brought to us from JD Supra Business Advisor, Charles Redfield, suggests that a landowner’s compliance with Building Codes and the parents’ negligence are essentially irrelevant in determining whether a landowner has a legal obligation to a child to take precautionary actions to keep the child from falling from a window.
Nan Lawrence, et al. v. La Jolla Beach and Tennis Club, Inc., et al.
Court Of Appeal, Fourth Appellate District (October 31, 2014)
In most premises liability actions, duty of the property owner is determined by analyzing the foreseeability of harm to persons such as the plaintiff. This case considered a hotel owner’s liability for a minor’s fall from a second story hotel room window...Read More