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 malicious intentions when they “trespass.” In order to provide for situations like these, when children trespass and are injured, the attractive nuisance doctrine was created.
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:
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.
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 liablity 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 by calling us at (631) 737-4110.