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The State of New York has an attractive nuisance doctrine that applies to certain child injury cases. This law aims to protect children from injuries caused by property owners and managers who fail to implement the protections necessary to keep them away from dangerous attractions, such as pools, Jacuzzis, and trampolines.
If your child is injured on someone else’s property, you should consult with our New York City injury attorneys right away.
Children Are Naturally Curious
A child’s curiosity leaves him or her open to learning and new experiences, but it also leaves the child far more vulnerable to placing himself or herself in dangerous situations. When an adult enters someone else’s property without an invitation or permission, he or she is trespassing in the eyes of the law, and if injured, the adult is unlikely to have a legal leg to stand on.
When the so-called trespasser is a child, however, the situation is somewhat different. The attractive nuisance doctrine helps to protect children in this situation by holding the property owner or manager liable if all the following apply:
- The child’s injuries were caused by an artificial (not naturally occurring) danger on the property that is known to or likely to attract children who can’t adequately appreciate the inherent risk associated.
- A property owner or manager could have or should have foreseen the child’s attraction to the danger.
- The property owner recognized or should have recognized that the attractive nuisance in question posed an inherent danger to the child.
- If the benefit of keeping the attractive nuisance and the burden of eliminating its danger (for the property owner or manager) were slight compared to the level of risk experienced by the child.
- The property owner or manager failed to employ reasonable care in his or her efforts to remove the danger in question.
Common Attractive Nuisances
- Man-made ponds, lakes, and fountains
- Trampolines
- Playground equipment and jungle gyms
- Abandoned cars and appliances
- Farm equipment
- Exposed power lines
- Holes dug in the ground
Seek the Professional Legal Counsel of an Experienced NYC Child Injury Attorney
If your child has been injured because a property owner or manager failed to adequately protect them from an attractive nuisance, such as a pool or trampoline, our experienced New York City child injury attorneys can help. For more than 80 years, Lipsig Law has represented families across NYC and remains deeply committed to protecting the rights of children.
Our legal team understands how devastating these injuries can be and is prepared to take action on your behalf. Contact us online or call 917-994-9296 today to schedule a free consultation.