My child was injured on a playground at daycare, who is liable for the injuries?
Talk to a Personal Injury Lawyer
Get a Free Case Review from a Local Injury Attorney

Select the type of Lawyer you need
My son attends a childcare center located on a busy street corner. A drunk driver drove his vehicle through the chain link fence surrounding the playground injuring 10 children, including my son. The kids' parents and I are suing for a child playground injury. Is the childcare center liable for negligence in California?
Recent Legal Answers
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Answers
To prove negligence, you would have to show that the childcare center owed you a legal duty, that it breached that duty, and that the breach proximately caused your son's injuries. Where children are involved, a property owner's duty is to protect them from themselves and against dangers that are reasonably foreseeable. Under California law, a landowner is required to maintain his premises in a reasonably safe condition. A duty to take affirmative action to control a third party's criminal acts is imposed only where such conduct can be reasonably anticipated. Without an indication of previous wrongful acts or intrusions of any type in neighboring businesses, the childcare center could not have been expected to create a fortress to protect the children or to take additional steps to deter the drunk driver from committing his crime.
Talk to an Injury Attorney to get legal advice regarding your rights.
Good luck.
References:
Posted by Yara Zakharia on 03 Jun 2010
1 person found this useful
(2 Votes)Not sure where to start? Use this form to contact an experienced attorney. They will provide a free consultation and assist you with choosing the right path for your case.
Talk to a Lawyer
Describe Your Case
Tell us more about your case so that we can show you lawyers that serve your area.