When a child is injured in a probate-owned property, the situation raises complex legal questions about responsibility, liability, and the rights of the injured party. Understanding who is liable in such cases is critical, particularly when property owners are deceased and the property is being handled through probate.
Handling premises liability claims involving children can be uniquely challenging, as the law takes a special view on injuries to minors, especially when hazardous features like swimming pools are involved.
In such situations, families are often left wondering who to sue, what kind of compensation they may receive, and what role probate plays in the legal process. To answer these questions, we must examine how premises liability law applies when the injured person is a child and the property is tied up in an estate.
Understanding Premises Liability Law
Premises liability refers to the legal duty a property owner or caretaker has to maintain a safe environment for visitors. Under premises liability law, if a person enters someone else’s property and is injured due to unsafe conditions, the owner or responsible party may be held liable for the injuries.
In premises liability cases, the injured party must typically prove that the owner or controller of the real property failed in their duty of care. That includes failing to maintain the property, correct a dangerous condition, or provide adequate warnings. When the injured person is a child, the law often imposes a higher standard of reasonable care because children are not held to the same judgment standards as adults.
Probate Property: Who Owns It?
When a person dies, their real property enters probate—a legal process that distributes their assets according to a will or state law. During probate, the property is not owned by any one individual. Instead, it may be overseen by a court-appointed executor or administrator, who is tasked with managing and preserving the estate.
Child Injured in a Probate-Owned Property: Who’s Liable?
If a child is injured in a probate-owned property, determining who is liable becomes more complex. Is it the deceased’s estate? The executor? A relative occupying the property? This is where an experienced attorney is essential to help assess the situation. They can also identify the person or party that can be held responsible.
Duty of Care and Children
In most states, the law recognizes that children are not capable of identifying dangerous conditions the way adults can. That’s why courts often apply the attractive nuisance doctrine when a child is injured. Especially if the injury occurs due to artificial conditions on the premises, such as swimming pools.
Under this doctrine, a property owner or the estate handling the property must exercise reasonable care. This helps prevent foreseeable harm to children. For instance, if the owner is aware that children are likely to trespass or play on the property.
In these situations, a legal claim may be filed against the estate. The claim can also be against whoever was managing the property at the time of the accident.
Common Examples of Injuries in Liability Claims
Some common premises liability cases involving children include:
Swimming pool accidents:
Unfenced or unsecured swimming pools attract children and pose a significant risk of drowning.
Unsafe structures:
Abandoned sheds, broken stairs, or hazardous building materials may cause falls or head injuries.
Poorly maintained grounds:
Exposed wires, sharp tools, or toxic substances on the property can also cause harm.
Each of these scenarios involves a dangerous condition and a failure to provide a safe environment. These are both of which are central to a premises liability claim. It doesn’t necessarily have to be a failure of parental responsibility to file the lawsuit. However, the specific circumstances and the condition of the victim can be a differentiating factor in such cases.
Who Can Be Held Legally Liable?
Sometimes, the estate of the deceased may be held liable if the property was not properly secured or maintained. The executor or administrator of the probate estate may have legal obligations to safeguard the property during the probate process. If they fail to do so, and a child is injured, a lawsuit may be filed against the estate itself.
In some cases, an individual occupying or controlling the property (even temporarily) may be personally liable. For example, if a family member is living on the property and aware of the hazards, they may be found responsible in court. For instance, if they take no action to protect visiting children.
Insurance Coverage and Claims
Most real property is covered by homeowner’s insurance, which may still be active during probate. If the injuries occurring are significant, the insurance company may cover medical costs, pain and suffering, and property damage. However, insurance companies may argue against liability, especially when the ownership status of the property is unclear.
In such liability cases, filing a claim through the estate’s insurance policy requires understanding laws. You also need to deal with probate courts and often demand the assistance of experienced attorneys.
The Role of Parents and Guardians in Probate-Owned Property Injuries
Parents also play a role in these cases. In premises liability claims, parents often bring the legal claim on behalf of their injured child. Additionally, the court may appoint a guardian ad litem to represent the best interests of the child during the legal process. This is the case if a case goes to trial or requires long-term management of funds,
It’s also worth noting that in a few states, contributory negligence laws may impact the outcome. If a court finds that the injured party was partly at fault, compensation may be reduced or denied. However, most states are more forgiving in cases involving children, recognizing their limited ability to understand risk.
Bonus: Parents should look into guides for child catastrophic injuries to get a better understanding of such cases. Moreover, it helps comprehend the role of parental responsibility for such cases.
Compensation and Damages
If liability is established, the injured party may be entitled to recover a range of damages:
- Medical expenses: Including emergency care, surgeries, rehab, and long-term care related to the child’s injuries.
- Pain and suffering: For emotional trauma, physical pain, and loss of enjoyment of life.
- Property damage: If the accident involved personal property, such as damaged clothing or electronics.
- Future damages: If the injury results in lasting disability, the family may seek additional compensation.
We also recommend learning about economic and non-economic damages in injury cases to get a better idea.
Legal Rights and Free Consultations For Cases Involving Probate-Owned Property
Families often feel overwhelmed and uncertain after a child is injured, especially on someone else’s property. Understanding your legal rights is the first step in pursuing justice. You may wonder if you can afford a lawyer or if your case has merit.
Fortunately, many experienced attorneys offer a free consultation. This lets them assess the facts and help determine the viability of your claim. This provides valuable guidance without any financial commitment, allowing you to make informed decisions about how to proceed.
Taking Legal Action
To protect your child and ensure those responsible are held liable, it is essential to act quickly. Evidence, such as photographs of the premises, witness accounts, and medical records, should be preserved. An attorney will help with:
- Filing claims against the estate or the responsible person
- Identifying active insurance coverage
- Working with medical professionals to document the child’s injuries
- Guiding the family through the legal process and court procedures
In certain cases, courts may also award punitive damages to deter future misconduct. This is when intentional acts or gross negligence are involved during such incidents.
Conclusion: Accountability Matters In Personal Injury
When a child is injured in a probate-owned property, the path to justice may take time. However, holding the right party liable. it doesn’t matter if it’s the estate, an executor, or an individual occupant. It ensures accountability and helps prevent similar accidents in the future.
These cases are sensitive, complex, and emotionally taxing. If you are a parent seeking justice or a family member concerned about a loved one’s injury, the law provides avenues for recovering damages.
Child Injured In A Probate-Owned Property? Seek Help With BLG
If you’re unsure where to begin, start with a free consultation with a trusted legal team. At Bourassa Law Group, our experienced premises liability attorneys have you covered. We understand the intricacies of premises liability and personal injury litigation.
Our experts will guide you every step of the way, helping you pursue the compensation your child deserves. We will also assist with holding negligent parties responsible.
Reach out today to schedule your free consultation. Learn how we can help you take the first steps toward justice.
1-800-870-8910