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Industrial Injuries medical-what should I expect?

Am I really responsible for her injuries?

  • I am a photographer. Last night, a high school senior came to my studio with his mom. We were doing indoor shots when we heard screaming. The mom ran outside. She had brought a 4 year old and 6 year old and told them to play outside WITHOUT TELLING ME, and one of them climbed on a rock ledge and fell off. His arm is broken. I had NO IDEA they were there, she did not tell me and she irresponsibly let them play outside alone. My studio property has a number of dangerous things outside, like a bridge and pond, etc. The property is gated, when they drove up I pushed the switch to open the gate, then closed it again behind them. There are signs on the outside perimeter saying no trespassing and we are not responsible injuries. She says I am responsible because it is my property. But wasn't she negligent by letting the children play alone?? I have a meeting with my lawyer tomorrow but I want to know what to expect.

  • Answer:

    Contact your business liability insurance, they will take care of defending the suit. It will likely go nowhere, you are not responsible for unattended children.

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I think you should be ok. Especially considering that there are warning signs outside. And the mother really should know better. You didn't even know they were there so you couldn't remind her of the dangers.... You can probably retort and get child neglect charges against her. I'm sure she'll reconsider once child services may have to be involved. Good luck!

The injured child was with a business invitee (she came with her mother) on your property so your insurance company could end up paying something. (attractive nuisance etc. etc.) . Its foreseeable that a young child will climb on a rock ledge. A good personal injury attorney will usually find something like this to build a case against you.. . You admit that your property has "a number of dangerous things outside" This is not a good thing for a business property where customers will be coming to purchase your goods and/or services. Your signs will do nothing to absolve you from liability. Especially your "no trespassing sign". You invited the people in when you opened your gate to let them in. They were not trespassing. Report the accident to your liability insurer as soon as possible.

You are not. The mother was negligent when she left to very young children unsupervised on your property. Good luck

Their really isnt anyway to know what to expect.

no you aren't

You should report Her to Child welfare That will fix Her

Maybe, after all would you be held responsible for someone falling on the sidewalk leading to your door?

This is a jury question, meaning it could go either way. If your attorney is smart, he will try to keep it out of a juries hands and just go with a judge. Juries almost always figure they can soak your insurance company and make someone rich. Judges decide on the facts of law.

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