A tree house is a great toy for young children, particularly in the summer months. However, in many situations these attractions can be dangerous for young children. If the property is not well maintained or if the tree house is falling apart significant injuries can arise. In such cases homeowners or property owners can be held liable under a number of different theories . Generally this will be considered a premises liability claim with an attractive nuisance component. If you or your child has been injured while using a tree house give us a call.
Homeowner Liability for Children Injured Due to Improperly Built and Maintained Treehouses
Homeowners can be held liable when you have a tree house injury. For example if the homeowner has the tree house installed and a neighbors child is injured they can be responsible. This is also true even if the child was not an invited guest, but rather a trespasser. Premises Liability
can be imposed under the attractive nuisance doctrine. This will allow the injured party to pursue a claim if the homeowner failed to properly secure the or install the tree house, thus resulting in significant injuries to the user.
Liability will be imposed to the homeowner when you have a situation where they have failed to properly warn or inspect of such injuries. When a homeowner does not inspect the premises and thus allows a dangerous condition to exist on the property, they can be held liable for injuries sustained by those who enter the property.
Defective Installation /Defective Design – Filing a Product Liability Lawsuit Against Manufacturers
Liability can also be imposed where you have a defectively designed or defectively installed tree house. In these types of situations you have a tree house that is defective in the way which it was set installed or the way it was designed. These are two different types of cases.
Defective installation holds the installation company liable for failing to properly put together or install the product. This can occur if you higher un-skilled parties for the job, which can also hold the homeowner liable for damages.
A defective product
claim is a little different in the sense that you are pursuing the manufacturer for installing a defective product. Product liability claims are against the manufacturer of the product under various different theories of liability.
Common Injuries Caused by Accidents in Treehouses
Injuries resulting from tree house accident can range from moderate to severe. In many cases you have children who have sustained either spinal cord injuries, bone fractures, head injuries or other less serious damages. If you have been injured seek immediate medical attention for your injuries. Under no circumstance attempt to self diagnose or treat your injuries. This is particularly true if you have suffered a serious head injury.
Value of My Case – Average Case Settlement and Compensation for Your Injuries
Perhaps one of the most commonly asked questions is “what is the value of my case?” Answering this question can be difficult unless you have all the necessary information to evaluate the case. As a rule of thumb a case is generally valued using a few different factors (1) extent of damages; (2) likelihood of recovery; and (3) loss of income. Extent of damages relates to the degree of your injury. How bad were you hurt? Is it is bruise or a fracture? This is important in assessing case value. Second, how likely are you to recover from you injuries? Is this a permanent or treatable injury? If the injury is permanent i.e. a spinal cord injury or a traumatic head injury it will significantly shift the value of your case. Finally, is there any loss of income? Loss of income is not necessarily the loss in income now, but also potential loss of earnings.
These are the key three factors needed to assess the value of a case. Case value is also determined using a number of different factors, but the three most important ones are listed above. Always remember that without this information no attorney can give you a case value.