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A.J.
A.J., Attorney
Category: Personal Injury Law
Satisfied Customers: 4296
Experience:  Licensed to practice law, I gained experience in personal injury law working for the CTA
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If a child was injured in my property by a third party meaning

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If a child was injured in my property by a third party meaning not my property did the damage, it was done by someone else, but there is claim that I could have prevented the injury, but the father could have also prevented the damage, who is responsible?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  A.J. replied 1 year ago.
Hello, and thank you for contacting Just Answer. My name isXXXXX am a legal professional, and I look forward to answering your question this evening.

Without knowing too many specifics, as a general matter an individual can only be held liable for breaches of a duty of care that they have for another person. So, for example, if you invite guests on to your property and someone is injured by something on yoru property that you were aware of and could have warned of or prevented, then there may be liability there for you. Ultimately, duty is the threshold question in such a situation. Did you have a duty to prevent the type of harm that occurred because you were the property owner.

Generally, in order for the property owner to have a duty to prevent harm caused by a third person is if that property owner has some type of special relationship with that third person, and the harm was forseeable in some way. The most common example of a "Special relationship" is that of an owner and a social guest or a business guest (meaning that the third person was invited on to the property for a social or business reason). Then, the harm caused must have been foreseeable by the property owner. This is the toughest thing to prove, and depends entirely on what knowledge the property owner had or should have had about the parties involved, and whether the property owner knew or should have known about the risk of harm to the individual who was harmed.

As in all things in the law, the details of the situation are important. As you can see, a property owner could theoretically be liable for harm caused by the actions of a third party, but it would require both that the third party causing the harm had some type of connection to the property owner, and that the property owner knew or should have been able to foresee the risk of harm. Otherwise, liability generally is only with the person who actually caused the harm.

One New York firm has a brief blog post describing a situatinon in which liability arose at:

http://www.jrmgtattorneys.com/blog/premises-liability-for-third-party-crime/

Before taking any legal action or asserting any defense to liability, it would be prudent to sit down with an attorney licensed in New York in confidence. If you do not have an attorney, the New York State Bar Association has a referral service available at:
1(NNN) NNN-NNNNp>or online at:

 

http://www.nysba.org/AM/Template.cfm?Section=Need_To_Hire_A_Lawyer_

 

I hope this helps, but let me know if you have any follow up questions or need clarification of anything that I have said. Otherwise, please remember to RATE my answer so that I can receive credit for my work.

Customer: replied 1 year ago.

Thanks for the explanation, I don’t want to give my real situation since this conversation on just answer goes public, but a similar situation is a pool owner who offers the pool for the area, and a child was molested in the pool,

Expert:  A.J. replied 1 year ago.
That is probably prudent, as you are correct, this is a public forum and we cannot give legal advice, only provide legal information.

In such a situation, if the pool owner had any reason to foresee that such a situation could have occurred, there may be liability. If, however, the pool owner had no reasonable way of foreseeing that this was a possibility. Ultimately, this would come down to what the trier of fact (either judge or jury) believes the pool owner should have known about the individual in question (did they have a history, behaviors that could have raised suspicion, etc). It is tough to predict in advance, but the general principle remains, if there is a way to draw a line between the property owner and some duty to know of and protect from a specific type of harm, then there can be liability. Reviewing the details of the situation with an attorney in person and in confidence is always advised.

I hope this helps further, and let me know if you need any additional information. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
Customer: replied 1 year ago.

Is this a claim that the owner relied on the father that he would not send a minor without supervision, so it’s the fathers fault

Expert:  A.J. replied 1 year ago.
That is a potential defense, certainly, or at least a potential opportunity to show contributory negligence on the part of the father. The court/jury would then have to determine where the fault lied and how much (what percentage) of fault was with each party involved. I believe that New York is a pure comparative negligence state, which means that even if the plaintiff (father/child) has some degree of negligence, they can still recover for the degree that they were not at fault. So, yes, negligence on the part of the parent may be something that could limit the property owner's liability, but may not erase it completely.

I hope this helps further, and let me know if you require any additional information. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
A.J., Attorney
Satisfied Customers: 4296
Experience: Licensed to practice law, I gained experience in personal injury law working for the CTA
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A.J.
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Licensed to practice law, I gained experience in personal injury law working for the CTA