Generally, if adults trespass on property and get hurt, owners are not held liable for their injury. However, when it comes to personal injury and children, the law gives them special protection and does not hold them to adult standards. The attractive nuisance doctrine is one of these protections. The information below may help you understand property owners’ responsibilities in preventing children from getting injured.

What You Should Know About Attractive Nuisances & Personal Injury Law

Attractive Nuisances Lead to Injury

Certain features on real property are called attractive nuisances because they attract children to them and can lead to injury. Construction sites, abandoned buildings, ponds, lakes, and unfenced swimming pools are common examples of these features.

New York Recognizes the Attractive Nuisance Doctrine

Under the attractive nuisance doctrine, property owners must use reasonable care to protect children from conditions on the property that the children might not realize are dangerous. If you are a property owner, you owe children a duty of care even if they are trespassing and you do not know they are on your property.    

How Attorneys and Courts Determine Liability

When evaluating damages personal injury claims based on attractive nuisances, attorneys and courts consider factors including the child’s age and ability to understand the danger in the situation. Taking reasonable steps to warn of the danger or guard against injury, such as fencing in a pool or boarding up an unused shed, may help avoid liability.       

If your child is hurt due to an attractive nuisance on someone’s property, you may be entitled to compensation. The personal injury attorneys at Neimark & Neimark offer more than 40 years of combined experience to work for you. Based in New City, NY, these dedicated lawyers focus on helping clients in Orange and Rockland counties obtain compensation for injuries including slip and falls and construction accidents. Call (888) 725-7424 to discuss your case. This law firm's personalized client service includes answering the phone at all times and helping you prepare for attorney meetings. Visit the attorneys online now to learn more about them.