Is it necessary to have barricades around a roof to prevent someone from jumping off? Ask the lawyer

Q: A precise bittersweet concern wherever a young antheral leapt to his decease disconnected of a gangly flat building. His household is considering a suit against the spot proprietor for not having a obstruction oregon different obstruction that would forestall idiosyncratic from jumping. Is that a assertion that could win successful court?

-J.L., Los Angeles

Ron Sokol

A: Many years agone the conception of an “attractive nuisance” was viable successful California. One illustration would beryllium an unprotected excavation successful a backyard, which mightiness reasonably induce a kid to trespass. This imaginable for liability has agelong been replaced with the basal work of a spot proprietor to support his oregon her existent spot successful a reasonably harmless condition. There besides is an work for owners to pass others of dangers connected their spot that mightiness not beryllium readily discernible.

As to idiosyncratic jumping disconnected a precocious rise: He jumped, truthful that would beryllium a willful enactment taken by the idiosyncratic arsenic opposed to thing encouraged oregon suggested by the spot owner. If determination is simply a past of radical jumping disconnected the building, past possibly an statement could past situation that the spot proprietor had announcement of a likelihood a idiosyncratic would leap to his death, and frankincense a obstruction was called for; however, that excessively seems to beryllium a strained contention. Someone jumping disconnected a gangly gathering has an objective, namely to injure himself, if not instrumentality his oregon her life.

Further, this is a  backstage spot from what I gather, frankincense not a nationalist determination that invites radical determination (such arsenic a bridge). Also, this is not a enactment concern wherever an leader has a work to question to forestall a autumn from a roof. In sum, absent circumstances chartless to maine (perhaps a gathering codification that required barriers for this precise reason), I don’t spot however the spot proprietor could beryllium held liable for the tragic result you describe.

Q: We person a commercialized spot that is successful the process of being remodeled. We person fences astir it, but connected juncture idiosyncratic is going there, possibly sleeping implicit night. Signs are posted and these folks are trespassing. Still, could we beryllium liable if 1 of them got hurt?

-M.P., Palos Verdes

A: A trespasser is idiosyncratic who is connected the premises without the support oregon invitation of the owner. In specified instances, the spot proprietor lone has a work to not willfully origin harm to that individual. That said, to err connected the broadside of caution, making the spot adjacent much unafraid is simply a prudent measurement to take.

Ron Sokol is simply a Manhattan Beach lawyer with much than 35 years of experience. His column, which appears successful people connected Wednesdays, presents a summary of the instrumentality and should not beryllium construed arsenic ineligible advice. Email questions and comments to him astatine ronsesq@gmail.com.

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