Is there liability when a child trespasses on someone else’s property and then is injured? It depends. Our lawyers explore New York’s attractive nuisance doctrine in this post.
It may be more common than you think that children are injured while exploring places they are not permitted to be, for example, on the neighbor’s property playing in the pool or on a trampoline without permission. If the injury is serious enough, the child’s parent may wish to bring a claim against the property owner for the child’s injuries.
New York law recognizes that children aren’t always able to appreciate danger the way that adults can. As a result, the attractive nuisance doctrine allows a parent to bring a claim for a child who’s injured by something that’s both enticing and dangerous. Common examples of an attractive nuisance include:
- Swimming pools;
- Tunnels;
- Large holes;
- Wells;
- Animals; and
- Machinery.
An attractive nuisance also can be anything else that children would think is fun to play on or with but actually is dangerous to them. If your child is injured under these or similar circumstances, contact an attorney to help you explore whether you have a claim on your child’s behalf.
If you’re a property owner, take steps to protect wandering children by locking up or fencing in potentially dangerous objects or conditions. Property owners also should keep in mind that hanging a sign may help deter teenagers, but it won’t be effective for young children who can’t read.
If you have questions about an injury claim, our team of experienced attorneys can guide you, and we’re always happy to help.
