1 Analyses of this case by attorneys

  1. Premises Liability – Hotel Owner’s Duty to Children in Multiple Story Structures

    Low, Ball & LynchCharles RedfieldNovember 25, 2014

    The Court distinguished the Pineda decision on the grounds that the condition or design of the window in the Pineda case did not increase the risk to small children of falling from the window. The Lawrence court found that the facts of the case were similar to the case of Amos v. Alpha Property Management (1999) 73 Cal.App.4th 895, when a defendant landlord was held to owe a duty of care to prevent a child from falling from a window in a common area when the window was only twenty-eight inches from the floor.Comment The Amos decision and this case will probably cause apartment and hotel owners to take measures to prevent young children from falling out of windows. This case indicates that a landowner’s compliance with Building Codes and the parents’ carelessness are essentially irrelevant in determining whether a landowner owes a duty to a child to take protective measures to keep the child from falling from a window.