Attractive Nuisance Premises Liability Attorney
Representing the Injured Throughout Long Island and the Surrounding Areas
Children are curious by nature, and sometimes their adventurous spirits
can lead them into dangerous situations. So, what happens if your child
is injured after wandering onto someone else’s property? Traditionally,
those who enter private property without permission are considered trespassers
and given little legal protection if injured, but young children are hardly
guilty of maliciously intentions when they “trespass.” In
order to provide for situations like these, when children trespass and
are injured, the attractive nuisance doctrine was created.
Defining the Attractive Nuisance Doctrine
Under attractive nuisance, the landowner does have some responsibility
to a trespasser when that trespasser is a child. Young children are considered
either too immature or incapable of understanding the dangers of trespassing,
and therefore cannot be counted on to determine the risks. In order to
protect children, the doctrine holds landowners liable for the injuries
caused to children on their land, even if the children were not invited.
Potential dangers may include:
- Uncovered swimming pools
- Dangerous machinery
- Unsecured industrial equipment
- Construction sites
- Holes in the ground
- Discarded appliances
- Abandoned cars
- Exposed power lines
Typically, the landowner is considered liable for the injury sustained
on his or her land, though others may be at fault. Other liable parties
could include renters, occupiers, or property managers. In order to prove
liability, you must show that the guilty party did not show proper care.
The defendant must have known there was a possibility that children could
trespass onto his or her property, and that there were dangers on the
property that could cause harm. It must also be generally true that a
child would not be able to see the potential danger was actually dangerous.
If the danger was apparent, the property owner has a duty to repair, secure,
or otherwise remove the risk if possible, failing to do so shows a failure
to exercise reasonable care to trespassing children.
Choose Gruenberg Kelly Della
If your child was injured by a dangerous object or area after trespassing
onto another person or company’s property, you may have an attractive
nuisance case. Our premises liability lawyers are passionate about advocating
for the rights of the injured and we will do our best to ensure you and
your family receive maximum compensation for the injuries caused. We understand
how frustrating and traumatic it can be to see your child injured because
of the carelessness of another person, and we want to help. We have recovered
more than $100 million on behalf of our clients and we are driven to continue
to fight for the injured.
Contact Gruenberg Kelly Della
to ask for a free case review.