Skip to Main Content



Premises Owners Have a Higher Duty of Care Toward Children

Premises owners in the state of Iowa have a responsibility to keep visitors safe from potential hazards that the premises might present. When assessing risk, the premises’ owners should try to foresee a number of different scenarios, including scenarios in which disabled people or children might find themselves at risk of injury.

In recognition of the need to keep children safe, the law demands that premises owners give special attention to preventing a child from becoming injured. In effect, the owner has a higher duty of care toward children, and they can be more easily found to be negligent if a child is involved in a premises liability case.

An example of premises negligence in a child injury case

If a restaurant provides a play area for children, it is vital that the area is adequately maintained. The standards of safety should not only be maintained as would be adequate for the use of the general public, but it should be free of hazards that may injure young children.

If a small, sharp, or toxic item is left in the vicinity, a young child could injure themselves by choking on the item or falling on it. If the child suffers an injury as a result of the presence of the small item, it is likely that the premises will be found to be negligent.

In this case, what damages might be awarded as a result of the negligence exhibited by the premises?

It is likely that the young child would have needed to go to the hospital and be examined by a medical professional in a situation like this. In addition, the parents of the child will have suffered a great deal of unnecessary distress and worry. They may also need to take time off work in order to care for their child.

In a premises liability case, it is likely that the parents will receive compensation for all financial damages that occurred and compensation for the emotional suffering that was also caused.

If your child has been injured on-premises in Iowa, it is important that you learn more about your right to take action. You may be able to prevent such an incident from happening to another family.