Earlier this month, a federal appellate court issued a written opinion in a premises liability case presenting an interesting issue for those who have a child who has been injured in a Maryland slip-and-fall accident. The case required the court to determine if a parent’s responsibility to keep their child from playing on and around the heavy metal stanchions precluded the defendant store owner from being held liable. Ultimately, the court concluded that the parents did have a responsibility to protect their children and keep them from playing on the stanchions.
The plaintiffs visited the defendant coffee shop with their two sons. After placing their order, the family went upstairs to use the restroom. As they were exiting the store, the parents heard one of their sons screaming. As they turned around, they saw that a metal stanchion had fallen on their son’s hand.
The young boy’s finger ultimately had to be amputated, and the plaintiffs filed a premises liability lawsuit against the coffee shop, claiming that the shop failed to maintain a safe area for customers and that minor children would not be able to recognize the dangers of the stanchions.