As fall unfolds and winter eventually arrives in Michigan, children will likely become increasingly eager to play outside after being cooped up indoors. Popular activities in this regard range from running through piles of leaves, trick-or-treating and sledding to enjoying bonfires, trips to a local park while the sun isn’t scorching and the first snowfall.
This urge to enjoy “outside” as the seasons evolve is one of the reasons that living in Michigan can be so enjoyable. Yet, it’s important to remember that while these seasons inspire plenty of excitement, they also inspire potentially injurious hazards. If your child gets hurt on another person’s property this fall or winter, you may understandably wonder who is responsible for the injury and what legal rights your family has available. Thankfully, you don’t have to grapple with these questions alone. Seeking experienced, personalized legal guidance is always an option.
The legal obligations of property owners when it comes to kids
Property owners in Michigan have a duty to keep their premises reasonably safe, and when that duty is breached, they may be held liable for harm that results from their negligence.
Common risks for children during the colder months include icy sidewalks, poorly lit driveways, loose railings and hidden hazards under snow or leaves. A child slipping on an unshoveled walkway or tripping over an unseen obstacle can suffer serious injuries, from broken bones to concussions. In some cases, even more dangerous conditions exist, such as defective stairs, unsafe decks and unsecured swimming pools that remain a risk year-round.
Property owners must take reasonable steps to address these dangers, especially when they know children are likely to be present. Michigan law recognizes that children may not always appreciate risks in the same way adults do. For that reason, property owners can be held to a higher standard when it comes to protecting kids. This includes addressing conditions that might not seem dangerous to an adult but could pose serious risks to a child. Failing to salt an icy entryway or leaving hazardous objects in a yard where children play could be considered legally actionable negligence.
While no one expects a fun fall outing or winter activity to end in injury, accidents happen. If your child gets hurt on another’s property this year, exploring your rights under Michigan law can help you take necessary steps to protect your child’s health and their overall well-being.