Court Refuses to Hold Homeowners Liable for Accidents

Rick Patterson

Attorney

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In the case of Padilla v. Rodas, the Los Angeles' 2nd District Court of Appeal refused to hold homeowners liable for accidents involving children when the parents are on the premises at the time of the incident. " Justice Robert Mallano wrote, "even when the parents are also present on the premises, a burden that is beyond all reasonable expectation of both homeowners and their guests."

This was a case of one sister, Leslie Padilla, suing another sister and her live-in partner. During a five-minute period where the mother failed to adequately supervise her child, the toddler found his way into his aunt's swimming pool and drowned. Padilla, who had gone into the house for water leaving her 2-year-old in the care of 2 young children ages 7 and 9, felt that since she was a guest in her sister's home, her sister and her sister's partner were responsible for her child's supervision along with her. Although the facts show that she failed to provide adequate supervision, it seemed reasonable to Padilla that her sister and her partner has assumed parental roles when they invited her and her small child to their home. Thankfully, the court and many other states disagree with Padilla. It is beyond reason, that Padilla would think a homeowner should supervise her child while she is present.

Additional Information Pertaining to Property Owner's Liability