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Posted By Gruenberg Kelly Della || 12-Sep-2018
Legal Definition of Attractive Nuisance
Children can’t always be held responsible for trespassing because they often cannot be expected to understand it. However, children can be seriously injured while trespassing, making it necessary to establish exactly who is liable in such cases and how much responsibility a property owner bears when a child is harmed on their property. Under the attractive nuisance doctrine, property owners are required to provide a degree of protection for trespassing children by not making the act of trespassing unreasonably appealing or dangerous.

Examples of attractive nuisances may include:

  • Uncovered swimming pools
  • Trampolines
  • Playground equipment
  • Dangerous machines
  • Unsecured machinery or heavy equipment
  • Construction or other industrial sites
  • Pits, holes, ditches, etc.
  • Discarded household appliances
  • Abandoned cars
  • Exposed power lines or electrical boxes

Liability for Injuries on Another Person’s Property
A property owner may be responsible for your child’s trespassing-related injuries resulting if all the following are true:

    • The property owner had reason to believe that children could and would trespass on his or her property.
  • The property owner had reason to believe that a trespasser could be severely injured due to the condition of their property.
  • Your child could not have identified the serious risk posed by the condition of the owner’s property.
  • The overall cost of adequate property maintenance or getting rid of the attractive nuisance would be less than the serious risk posed to trespassing children.
  • The property owner failed to adequately maintain their property and ensure its safety.

What Happens if Your Child Is Hurt While Trespassing on Another Person’s Property
If your child has been harmed while trespassing on another’s property, don’t be too quick to apologize to the property owner, should they confront you. You may be able to hold them responsible for failing to make sure their property is safe and reasonably maintained, especially if it resulted in hundreds of dollars or more in medical expenses for your child. You must secure legal representation as soon as possible after your child is injured.

We Serve Injured People in Long Island
At Gruenberg Kelly Della, we do everything we can to help parents of injured children achieve justice. Children are adventurous and curious by nature, and we may be able to help you when that curiosity leads to injury, especially if it occurs as a result of a property owner’s failure to take key safety precautions.

Call (888) 305-6372 todayto speak to a member of our team and schedule your complimentary consultation with a Long Island personal injury attorney.