Children at play - public liability

Citygirl1

As a follow-on from the recent thread regarding liability if someone has an accident working on your premises - I have often has some similar thoughts as to liability if children have an accident while on one's premises.

Please note that I am not seeking any advice.

Some scenarios:

1) A child enters someone's private garden, uninvited, and has a serious accident by say, falling out of a tree, falling off a wall which has loose caps, or interfering with building materials, could the householder possibly be held liable?

2) A child is playing in the common areas of a managed estate, unsupervised, and engages in dangerous behaviour such as climbing into rubbish bins, climbing on high walls, and has an accident. The house rules do state that parents are responsible for their children's behaviour. Can the parent's attempt to claim on the management company's public liability insurance?

3) A child is playing in the common areas of a managed estate, and engages in specifically probhibited behaviour, eg. stakeboarding, and has an accident. Again, could the parents attempt to claim on the management company's public liability insurance?

Again, please note that I am talking in theory here (though the above do all represent the type of things I've seen children doing :eek:).

bath handle

Citygirl1 wrote: »

As a follow-on from the recent thread regarding liability if someone has an accident working on your premises - I have often has some similar thoughts as to liability if children have an accident while on one's premises.

Please note that I am not seeking any advice.

Some scenarios:

1) A child enters someone's private garden, uninvited, and has a serious accident by say, falling out of a tree, falling off a wall which has loose caps, or interfering with building materials, could the householder possibly be held liable?

2) A child is playing in the common areas of a managed estate, unsupervised, and engages in dangerous behaviour such as climbing into rubbish bins, climbing on high walls, and has an accident. The house rules do state that parents are responsible for their children's behaviour. Can the parent's attempt to claim on the management company's public liability insurance?

3) A child is playing in the common areas of a managed estate, and engages in specifically probhibited behaviour, eg. stakeboarding, and has an accident. Again, could the parents attempt to claim on the management company's public liability insurance?

Again, please note that I am talking in theory here (though the above do all represent the type of things I've seen children doing :eek:).

Look at the cases of McNamara v ESB. Purtill v Athlone UDC . failing to guard against things children have a habit of doing leaves you exposed.

Manach

Offhand, would this be covered by the Attractive nuisance doctrine? wiki

NoQuarter

Manach wrote: »

Offhand, would this be covered by the Attractive nuisance doctrine? wiki

No that doctrine is American. I would be of the opinion that it falls within the Occupiers Liability Act 1995 although that other thread seemed to go a different way!

MapForJ

What sign/notice would one put on a fence to alert the kids/parents to any possible danger of them climbing on it. sort of "please do not climb not responsible in event of accident"?.

Would it then fall to parents to ensure the kids did not get into a situation they were warned about? If kids cannot read would it beup to parents to read and ensure the kids do ot get on it?


Or would the sign just indicate the fence owner knew of the danger?