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Why Did A 7-Year-Old Fall Through A Skylight?

By Eddie Farah

It was an unbelievable fall at a Jacksonville Beach strip mall.

A 7-year-old boy plunged through a skylight on the roof, falling 14-feet to the ground. A witness said she heard the child cry. The boy's mother and sister were also on the roof.

The child was transported by air ambulance to Shands Jacksonville and is reported to be in serious condition. The skylight was a dome made out of soft plastic and is reported to be flexible. Fortunately it was not made of glass.

The property owner says no one is supposed to be on the roof. Our prayers go out to the little boy for a swift recovery.

Under Florida law, the first step is to understand the specific legal category the injured person occupies. Unless the mother owns the building or had some reason to be there, she could be cited for illegally trespassing. Did the landlord want them up there? Were they invited or trespassing? Were they there because of some known attraction that strangers could find on the roof?

Under normal premises liability law, the owner of a building has the responsibility to make sure that it is in good working condition for everyday use, for example, for someone shopping. But in this case there may actually be a limited application of premises liability law.

In order for this mother to file a premises liability claim, her attorney must prove that the property owner knew or should have known of the dangerous condition, which they failed to correct, and that a person could likely encounter the condition, whether invited or not.

The duty to a trespasser is a lot less, but trespassers are still owed a duty to prevent injury, especially if they are children. Generally that applies to unsecured swimming pools, deserted car, unattended trampolines, or unused refrigerators - any nuisance that may be attractive to children, invited or not.

But generally speaking, that duty does not extend to the roof. The owner's responsibility may be only to refrain from willful or wanton injury which might include removing any concealed traps.

Under Florida law, comparative negligence may apply, meaning negligence can be apportioned among several parties. An argument could be made that the mother failed to properly supervise her child and bears some of the responsibility for his injuries. The jury then can determine that 50% negligent would receive 50% of the claim.

But back to the basic question – why were they on the roof in the first place? Only when we answer that can we determine what duties and responsibilities the property owner owes to the injured. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on January 06, 2010 (boomark / email).