Children are entitled to some extra legal protections when it comes to injuries that occur on someone else's property, even when those children are technically considered trespassers. There is a law called “attractive nuisance doctrine”. It requires a property owner to exercise reasonable care to trespassing children. The laws governing attractive nuisances require landowners to keep their property reasonably free from objects or conditions that might injure a child who comes onto the property.
In order to win an Attractive Nuisance case, the plaintiff must generally show four things:
- A potentially dangerous condition existed on the property in New York.
- The landowner created or maintained the condition.
- The injured party has to prove that the landowner knew or should have known that the condition was likely to attract minors and children.
- The injured party must show that the landowner knew or should have known that the hazard could cause harm to children.
An attractive nuisance is an object, structure or condition that is both dangerous and irresistibly inviting or intriguing to children. Although this may sound very broad, most courts limit this considerably.
Common Types of Attractive Nuisances Include:
- Swimming Pools
- Discarded Appliances
- Construction Sites
- Piles of Lumber or Sand
- Machinery or Equipment left out
If your child was seriously hurt due to someone else's negligence or what you think was an attractive nuisance, call us for a free case evaluation. We never get a fee unless we win your case. If we determine the homeowner was negligent, we will fight tirelessly to get your child maximum compensation for their injury.
Call us today at 516-222-4000 and we will discuss your options.
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