New York law recognizes that children are curious by nature and may not be aware of all the dangers they face while exploring. Under the attractive nuisance doctrine, property owners must keep any young explorers that may wander into their yard out of harm’s way. Failing to uphold this responsibility may give parents the right to hire a personal injury attorney and pursue compensation. Here are some key points to learn about this type of premises liability claim.

What to Know About Attractive Nuisances

Common Varieties  

Attractive nuisances are considered to be any condition on a property that has the potential to grab a child’s attention. These are typically man-made features, such as swimming pools, trampolines, yard equipment, discarded appliances, abandoned cars, playsets, open holes, and construction machinery. These items should be fenced in or locked away to prevent access. 

Trespassing Defense

Premises liability laws state that property owners generally don’t have a duty of care to trespassers on their land, and therefore can’t be held accountable if a trespasser is injured. However, attractive nuisances are an exception to this rule. In these cases, personal injury attorneys will argue that children are to be protected even when trespassing. As such, property owners must use reasonable care to maintain a hazard-free environment. 

Child Injury Liability 

When a child is hurt by an attractive nuisance, the property owner may be held financially responsible. These cases are complex and require several elements to establish liability. As such, it’s best that attractive nuisance claims be handled by an experienced personal injury attorney. To receive compensation, it must be proven that the property contained an attractive nuisance, that the property owner was aware of the risk or likelihood that children would trespass, that the attractive nuisance posed a danger that the child couldn’t appreciate, and that the property owner failed to take reasonable measures to remove or limit the hazard. 

If your child was seriously injured on another person’s property, a personal injury attorney will advise you of your legal options. The professionals at MacVean, Lewis, Sherwin & McDermott, P.C. are well-versed in this area of law and will work diligently to help your family recover the damages they deserve. As one of the oldest firms serving Hudson Valley, NY, they’ve earned a reputation for providing clients with the support, guidance, and representation necessary to reach positive outcomes. Contact their office at (845) 343-3000 to discuss your case, or visit them online for more information on their history of success.