Children are injured and worse every year on private property belonging to others because they're "lured" in by what's known as an attractive nuisance. These are potentially dangerous design elements or objects that appeal to children and sometimes teens so much so that they disregard their own safety and cross boundaries to get to them.
If you're staying in a hotel and the showerhead falls off and cracks your head open, you know you're covered by the hotel's insurance. The same is true if you're on the bike in their fitness center and the seat falls off, throwing you into another cyclist or when you trip over a loose tile in the floor and break your ankle.
As summer approaches, families across Mississippi are spending more time in their backyard swimming pools. We all know that pools can be dangerous if not properly maintained and that children need to be supervised. Some of the most common causes of pool-related injuries and fatalities are preventable.
Many people who are injured in falls are reluctant to file a claim against property owners who may bear some responsibility for a dangerous situation. Victims may be embarrassed about the fall and not want to call any more attention to themselves than they already have. They may believe that their own clumsiness caused it. Older people or those with mobility issues may fear that they won't have a chance for a successful claim because the property owner will blame the fall on their physical limitations.
Sometimes, it seems as if everyone is allergic to the foods that are commonly sold. These days, food sellers and restaurants label food better than ever. Many restaurants have gluten-free, dairy-free, soy-free and other options that are clearly labeled on their menus. Many foods now declare whether they contain nuts since many people have serious allergic reactions to one or more types of nut.
Kids don't necessarily understand or respect property boundaries -- particularly if there's something within that boundary that is tempting or interesting. In premises liability law, that's called an "attractive nuisance."
Many retailers barely waited until Halloween was over to begin offering holiday deals. However, for many people, the Christmas shopping season doesn't truly begin until the official "Black Friday" on the day after Thanksgiving.
For some people, Halloween is a chance to go all out with decorations, costumes and scary pranks. When they get a little too caught up in making their home a Halloween adventure for trick-or-treaters, serious injuries can occur. Homeowners can also be held liable for them, no matter how well-meaning they might have been.
Whether you're sending your kids off to camp for the last weeks of summer, or you're enrolling them in a local day camp, it's essential not to assume that the camp and its staff will always take the necessary precautions to keep them safe. It's important to do your homework.
If you're a parent, you've probably signed your fair share of liability waivers. Likely you haven't always read them or even realized that the liability waiver language was tucked in a permission slip for a field trip or other school activity as well as community sports programs. Liability waivers are common for many summer activities as well -- from day camps to swimming lessons to indoor activity centers.