There are many circumstances that can lead to a Cape Cod slip and fall or premises liability lawsuit. While many such cases involve adults, there can also be situations in which a minor child is injured on another’s property. As with other types of negligence lawsuits, the plaintiff in such a case has the burden of proving that the defendant breached a duty of care, thus proximately causing damages to the injured party.
If you or your child has been hurt by a negligent property owner, you should speak to an attorney about your case as soon as possible, as there is a statute of limitations that limits the time during which you may take legal action.
Facts of the Case
In a recent case, the plaintiff was a woman who brought suit as the parent and the next friend of her a minor child who was allegedly injured as a result of a fall from a zip line that the defendants had installed in their backyard. Because the zip line did not have a seat, the child’s father held him up by the hips and guided him for a few feet before letting him go. The child traveled a short distance and then lost his grip. Reportedly, his father grabbed him as he was falling, but the child’s arm hit the ground and was fractured so severely that several surgeries were required. In their negligence claim, the plaintiffs focused on the defendants’ failure to install a safety seat attachment to the zip line, arguing that this failure rendered the zip line unreasonably dangerous. The plaintiffs also asserted that the defendants had failed to warn the child of the danger of the zip line.