Kids can be impulsive. They see something fun and exciting like a trampoline and they might just jump right into it. It is a sign of their youth but this can also get them into trouble. That is why adults keep them under supervision until they mature. The question is this: do you have a legal basis in North Carolina to sue your neighbor if your child sustained injuries while in their care?
A case for premise liability
The number of children who head to emergency rooms in hospitals because of trampoline-related accidents may surprise you. Nevertheless, be it an adult or a child, a property owner owes a duty of care to any lawful visitor. If your neighbor invited your child to use the trampoline, they have a legal duty to:
- Warn the children about the risks of using a trampoline
- Supervise the children during the use
- Maintain the trampoline in a safe working condition
If your neighbor had failed to follow any one of these points, it may constitute a breach of duty on their part.
Why does the age of your child matter
North Carolina is a pure contributory negligence state and the age of your child plays a critical role. North Carolina laws address contributory negligence involving kids as follows:
- Under age seven: The law considers a child under seven incapable of contributory negligence
- Ages seven to fourteen: The law presumes children ages seven to fourteen are incapable of foreseeing danger, though one can challenge this presumption
- Ages 14 and above: The law presumes them capable of perceiving risk and exercising care
Failing to meet these age-based standards or proving a property owner ignored obvious hazards can make or break a child’s personal injury claim.
How a legal guide may help
The premises liability laws of North Carolina can be complex, especially if it involves a child. However, with the help of an experienced personal injury attorney, you may be able to build a strong defense. They can help you gather evidence, evaluate your options and fight for the compensation your family deserves.
