Children are curious and energetic, eager to explore their surroundings without always recognizing potential dangers. While schools, playgrounds, and even friends’ homes are meant to be safe spaces, accidents can still happen. Sometimes these situations occur as a result of hidden hazards or inadequate supervision. In BC, property owners have a legal duty to maintain safe environments, a responsibility that is especially important in spaces frequented by children. When this duty is neglected and a child is injured as a result, parents may have legal recourse under the province’s dangerous premises laws.
Common Dangerous Premises for Children
Certain environments pose a risk of injury to children, particularly when they are not properly maintained or supervised. Schools, daycare centers, recreational facilities, and private residences are some of the most common places where children may suffer harm due to unsafe conditions.
Schools and daycare facilities can present various hazards:
- Poorly maintained playgrounds with faulty swings, broken climbing structures, and inadequate ground cushioning
- Slip and fall risks from wet floors, icy walkways, or cluttered hallways
- Lack of supervision during recess, gym class, or lunch breaks, allowing unchecked horseplay or bullying
- Unsafe classrooms or labs, including improperly stored chemicals, defective furniture, and exposed electrical wiring
Private residences, including friends’ homes, also pose significant risks:
- Unfenced or unsupervised pools lacking warning signs, locked gates, or adult supervision
- Animal attacks from pets not accustomed to children
- Unsecured furniture and household hazards
- Poisoning risks from unsecured medications, drugs and alcohol, cleaning products, and household substances
- Unsafe stairs or balconies without proper railings or gates
Legal Principles Governing Dangerous Premises in BC
When it comes to maintaining safe environments, premises liability laws govern property owners. The Occupiers’ Liability Act establishes that property owners have a duty of care to ensure their premises are reasonably safe for visitors. This means that if a hazardous condition exists and an injury occurs as a result, the property owner may be held liable.
Certain locations, particularly those designed for children, may be held to a higher standard of care. Schools, daycare centers, and recreational facilities are expected to take extra precautions because children are less aware of dangers than adults. Failing to uphold this duty, whether by ignoring known hazards, failing to provide proper supervision, or neglecting routine maintenance, can lead to liability if a child is injured.
At the same time, parents are expected to take reasonable steps to supervise their children and, in some cases, their children’s friends while on their property. However, if a school, homeowner, or business fails to address a known hazard and a child is injured, they could be held accountable for damages resulting from their negligence.
Steps to Take if a Child Is Injured on Someone Else’s Property
If a child is injured due to unsafe conditions on another person’s property, taking immediate action is essential. The first priority is to seek medical attention, ensuring the child receives proper treatment and any injuries are documented. This documentation can be crucial during legal pursuit, as it establishes the severity of the injury and any ongoing medical care required.
Parents should also document the scene of the accident by taking photos or videos of the hazardous condition that caused the injury. Witness statements from others who saw the incident can further support a claim. Additionally, it is important to report the injury to the property owner, whether it be a school administrator, homeowner, or facility manager, to ensure the hazard is acknowledged and addressed.
Finally, consulting a lawyer can help determine whether legal action is appropriate. A lawyer experienced in premises liability can assess the situation, explain potential legal options, and guide parents in pursuing compensation for medical expenses, pain and suffering, and other damages.
Contact Stephens & Holman
If your child was injured in an accident caused by unsafe conditions, it is important to speak with a lawyer to understand your legal rights. Stephens & Holman can help you explore your options and pursue compensation if negligence played a role in your child’s injury. Reach out to schedule a free consultation.