Children are naturally curious, energetic, and often unaware of the dangers around them. When a child is injured in a slip and fall accident—whether at a school, park, apartment complex, or private residence—California law treats these cases differently than adult injury claims. Property owners owe a heightened duty of care to minors, and legal claims involving children require special procedures, protections, and considerations. This article explores how California law handles slip and fall injuries involving children and what families need to know to protect their rights.
Why Children’s Slip and Fall Cases Are Treated Differently
Children are not held to the same standards of awareness and caution as adults. California courts recognize that:
- Minors may not recognize or avoid obvious hazards
- Children are more likely to be attracted to dangerous conditions
- Injuries to children can have long-term developmental consequences
As a result, property owners must take extra precautions when children are likely to be present.
Duty of Care Toward Children in California
Under California Civil Code § 1714, property owners must exercise reasonable care to prevent harm to others. When children are involved, this duty is elevated. Courts consider:
- The child’s age and ability to perceive danger
- Whether the hazard was foreseeable
- Whether the property owner knew children were likely to be present
- Whether the condition was likely to attract children
Even if a child was trespassing, the owner may still be liable if the hazard was known to attract minors and posed an unreasonable risk.
Attractive Nuisance Doctrine: California’s Approach
California does not formally adopt the traditional “attractive nuisance” doctrine used in other states. However, courts still apply similar reasoning when evaluating child injury cases. If a property contains a dangerous condition that is likely to attract children—such as:
- Swimming pools
- Abandoned vehicles
- Construction sites
- Trampolines or playground equipment
The owner may be liable for injuries, even if the child entered without permission.
Example: Sanchez v. East Contra Costa Irrigation District (1979)
A child drowned in an irrigation canal. The court held that the district could be liable because the canal was unfenced, easily accessible, and known to attract children. This case illustrates how California courts apply attractive nuisance principles without formally naming them.
Common Locations for Child Slip and Fall Injuries
Children may be injured in a variety of settings, including:
- Schools and daycare centers
- Public parks and playgrounds
- Apartment complexes
- Private homes
- Retail stores and restaurants
- Community pools or recreation centers
Each location presents unique liability issues depending on ownership, supervision, and maintenance responsibilities.
Legal Process for Child Injury Claims in California
When a child is injured, the legal process differs from adult claims:
1. Minor’s Compromise
California requires court approval of any settlement involving a minor. This process, known as a minor’s compromise, ensures that:
- The settlement is fair and in the child’s best interest
- Funds are protected until the child turns 18
- A guardian ad litem is appointed to represent the child’s interests
2. Statute of Limitations
The standard personal injury statute of limitations in California is two years from the date of injury (California Code of Civil Procedure § 335.1). However, for minors, the deadline is extended:
- The two-year clock begins when the child turns 18
- This means a child injured at age 10 has until age 20 to file a claim
Despite the extension, early action is recommended to preserve evidence and witness testimony.
Comparative Fault and Children
California follows a pure comparative negligence rule. However, courts apply this differently for children:
- Young children (typically under age 5) are presumed incapable of negligence
- Older children may be assigned partial fault based on age and maturity
- Juries consider whether the child acted reasonably for their age
This protects younger children from unfair blame while allowing nuanced evaluation for older minors.
Evidence That Strengthens a Child Injury Claim
To build a strong case, families should gather:
- Photos of the hazard and accident scene
- Medical records documenting the injury and treatment
- Witness statements from staff, teachers, or bystanders
- Incident reports filed with the property owner or school
- Maintenance logs showing inspection frequency
- Surveillance footage, if available
An experienced attorney can help preserve evidence and navigate the legal process.
Real-Life Example
A 7-year-old child slipped on a wet tile floor at a Southern California apartment complex. The property manager had received prior complaints about the area but failed to install warning signs or mats. The child suffered a fractured wrist and required surgery. The family’s attorney filed a premises liability claim and secured a $250,000 settlement through a minor’s compromise, with funds placed in a structured annuity for future medical and educational expenses.
What Parents Should Do After a Slip and Fall Injury
If your child is injured:
- Seek medical attention immediately
- Report the incident to the property owner or manager
- Document the scene with photos and notes
- Collect witness information
- Avoid signing documents or accepting settlements without legal advice
- Consult a California personal injury attorney experienced in child injury claims
Prompt action helps protect your child’s rights and ensures proper compensation.
Final Thoughts
Slip and fall injuries involving children require special legal care in California. Property owners must take extra precautions when minors are present, and families must navigate unique procedures like minor’s compromises and extended statutes of limitations. With the help of a skilled San Diego slip and fall attorney and thorough documentation, parents can pursue justice and secure the support their child needs to recover and thrive.
References
- California Civil Code § 1714. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1714
- California Code of Civil Procedure § 335.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
- Sanchez v. East Contra Costa Irrigation District (1979) 95 Cal.App.3d 483
- Curtis Legal Group. (2024). California Slip and Fall Laws Explained
- Blane Law. (2024). California Civil Liability to Parents and Child Injuries
