When a small child will be present in a home it’s vitally important that the homeowner take stock of potential hazards and, to the extent possible, remedy them. Many childproofing steps are simple—outlet covers, for example—and can significantly reduce the risk of serious injury to a child. Failing to address hazards could lead to a child’s serious injury or even death. Such tragedies can also create legal liability for an adult who hasn’t taken proper care.
The National Safety Council is one of many organizations focused on providing helpful guidance for people looking for ways to improve the safety of their homes. They identify a range of important issues to consider when evaluating a home’s potential hazards for children. Some examples include:
- Keeping firearms out of reach of children.
- Examining places of high risk for ways to limit a child’s access to them. Such places include areas with water (pools, spas, kitchens, bathrooms), heat (fireplaces and stoves), toxic materials (cleaners and medicines), and places with fall risks (stairs).
- Securing heavy furniture to the wall or other stable feature, especially tippy furniture like tall dressers (such as the popular Ikea “MALM” dresser, which the company has repeatedly recalled following the deaths of several toddlers) or televisions.
- Covering wall outlets and ensuring that electrical plugs are well-seated.
The steps a homeowner takes to childproof a home will vary depending on how frequently children will be present, how practical it is to address each hazard, and other personal factors. Someone who is only occasionally visited by their small grandchild may see little utility in securing every kitchen cabinet, while the parent of a small child probably should take the steps to secure as much as possible.
Childproofing and the law
There are no particular laws requiring individuals to childproof their homes. As a practical matter such laws aren’t necessary. Parents and other caregivers have plenty of incentive to keep their little ones safe without needing the state’s intervention.
The absence of specific laws places childproofing into the broad category of negligence. The key question in a typical negligence case is whether the person responsible for a child’s injury breached a duty of care owed to the child. Such duties include things like ensuring that a backyard pool can’t be accessed by children passing by the property. Whether an individual is committing negligence for failing to add locks to medicine cabinets or cover wall outlets will depend on the facts of the situation: the relationship of the homeowner to the child, the foreseeability of the child’s injury, and other factors.
GGRM is a Las Vegas personal injury law firm
The law firm of Greenman Goldberg Raby Martinez has provided personal, caring service to clients in personal injury cases for over 45 years. If you have questions about an injury to a child caused by inadequate childproofing of a home call us today for a free attorney consultation at 702-388-4476 or send us a request on our contact page.