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My child was injured on a playground at daycare, who is liable for the injuries?
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?
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I was in a hotel in Las Vegas and attended a club inside. Somehow, a person carrying a weapon was able to get into the club and ended up assaulting me...Home construction defect caused injury. Who is liable for the damages?
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I was at a laundry mat and one of the doors seemed to be defective. I forcefully pulled the door back to open it as it seemed stuck and it struck me.....My child was injured on a playground at daycare, who is liable for the injuries?
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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.
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Posted by Yara Zakharia on 03 Jun 2010
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