Trespassing Children & the California Law:

There is special protection given to trespassing children; according to The Restatement (Second) of Torts, the following four conditions must be met before a possessor (of land) is liable to trespassing children:

1.  Foreseeability of Trespass.  The possessor of land should have known that children would likely trespass in a place of danger;

2.  Foreseeability Risk of Injury.  The condition must be one that the possessor of land knew or should have known would cause an unreasonable risk of harm to children;

3. Children's Ignorance of Danger.  Due to the children's age, they did not discover the dangerous condition or could not appreciate or evaluate the danger involved;

4.  Risk vs. Benefit.  The utility to the occupier must be slight in comparison to the risk to the children involved.

Note that the owner or possessor of land usually must have
actual or constructive notice of the condition.   Usually the burden to inspect all possible hazards to children is not generally required.  The bottom line is as an owner or possessor of land there are responsibilities that go out to others, especially to protect children even if they are trespassing.  Thus, if you are a homeowner, and you have a pool that has water in it, or has no water in it, make sure that you are doing everything reasonably possible to gate off the pool, or have a protective covering over it when not in use.  Simple common sense rules when it comes to making property or land safer is usually all that is needed to make the difference.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95.  However, it is free to all California residents, or those injured in a California accident.

 
 
Mark Blane
Founder of The Law Offices of Mark Blane, APC
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