Potential Liability for Homeowners
There is an increase of the use of gyms in homes meaning that many people will have equipment such as treadmills or weight machines. These machines symbolize work for adults, but they just as easily symbolize play for children. The First District Appellate Court of Illinois recently considered, in a case for the first time in Illinois, whether a homeowner is liable for injuries suffered by a child while using home exercise equipment.
In that case, a ten-year-old girl was visiting the home of a friend whose parents owned a treadmill. The girl incurred significant damage to her right hand in the course of playing on the treadmill which was moving at a high rate of speed. The girl was not able to turn off the machine.
Generally, homeowners must warn visitors of any potentially dangerous conditions they are aware of in and around the home. Children are legally considered to be able to appreciate some damages which are considered to be quite obvious. If a danger is very obvious, the homeowners might avoid liability for failing to warn someone about the danger. Foreseeability of damage to the minor is a major element in considering whether liability will be found. The test is whether a typical child, although old enough to be without constant supervision, lacks the maturity to understand and appreciate the risks of their actions, and could foreseeably get hurt.
It was determined by the court that it could not always find that fitness equipment always causes an obvious danger of injury. The court stated that even if a treadmill posed an obvious danger to a child, it would still consider the factors traditionally examined in negligence cases to determine whether the homeowners were liable. These factors include the reasonable likelihood and foreseeability of an injury; whether the steps a homeowner could take to prevent the injury would be overly burdensome to them; and the consequences of placing that burden on the homeowner. The court's conclusion was that a liability finding was not always precluded in a case involving fitness equipment.
The lesson is this: While children may consider exercise equipment a plaything, it can pose a considerable risk of injury to them. As such, homeowners should always guard against children's unauthorized or unsupervised use of such equipment. Call your lawyer if you have questions regarding the responsibilities in your capacity as a homeowner.
This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.
In that case, a ten-year-old girl was visiting the home of a friend whose parents owned a treadmill. The girl incurred significant damage to her right hand in the course of playing on the treadmill which was moving at a high rate of speed. The girl was not able to turn off the machine.
Generally, homeowners must warn visitors of any potentially dangerous conditions they are aware of in and around the home. Children are legally considered to be able to appreciate some damages which are considered to be quite obvious. If a danger is very obvious, the homeowners might avoid liability for failing to warn someone about the danger. Foreseeability of damage to the minor is a major element in considering whether liability will be found. The test is whether a typical child, although old enough to be without constant supervision, lacks the maturity to understand and appreciate the risks of their actions, and could foreseeably get hurt.
It was determined by the court that it could not always find that fitness equipment always causes an obvious danger of injury. The court stated that even if a treadmill posed an obvious danger to a child, it would still consider the factors traditionally examined in negligence cases to determine whether the homeowners were liable. These factors include the reasonable likelihood and foreseeability of an injury; whether the steps a homeowner could take to prevent the injury would be overly burdensome to them; and the consequences of placing that burden on the homeowner. The court's conclusion was that a liability finding was not always precluded in a case involving fitness equipment.
The lesson is this: While children may consider exercise equipment a plaything, it can pose a considerable risk of injury to them. As such, homeowners should always guard against children's unauthorized or unsupervised use of such equipment. Call your lawyer if you have questions regarding the responsibilities in your capacity as a homeowner.
This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.