Children are naturally curious, which causes them to explore everything around them. Children may wander onto a property due to an appealing item; however, it is potentially dangerous. Artificial landscaping features that seem compelling but can cause injury are considered attractive nuisance. Due to the risk of harm, the law mandates that property owners take reasonable steps to maintain a safe environment to prevent severe accidents and injuries. If a property owner fails to do so, they can be held liable for any damages resulting from their negligence. If your child has been injured due to an attractive nuisance, contact a trusted New York City Slip and Fall Lawyer who can help you fight to obtain the just compensation you deserve.
What is an attractive nuisance?
An attractive nuisance is considered inviting to children who do not comprehend the risks of interacting with these items. As a result, children may trespass onto a property to explore the thing; however, interacting with the item can lead to an injury. Since young children are unaware of the risks associated with engaging with these enticing objects, property owners must exercise reasonable care, meaning they must take the necessary precautions to mitigate the risk of harm to children. Attractive nuisances are artificial conditions on a premises. Essentially, they are anything unnatural that has been added to your property. Attractive nuisances are often artificial fixtures such as:
- Swimming pools
- Trampolines
- Treehouses
- Machinery
- Fountains
- Wells
- Paths
- Stairs
- Old appliances
- Construction equipment
- Dangerous animals who are unleashed
It is imperative to note that property owners are not liable for non-maintained attractive nuisances such as ponds, cliffs, hills, and small things that can be choking hazards like acorns, carbon monoxide poisoning from a shed, and smoke inhalation as they are natural conditions on your land. The law also recognizes that children can become injured on virtually anything and that they understand the risks associated with certain apparent dangers. It is presumed that children understand dangers such as:
- Touching fire
- Sharp objects
- Open pits
- Poison
- Falling from great heights
- Approaching a wild or angry leashed animal
Are children on your property trespassing in New York?
Generally, premises liability stipulates property owners owe invitees and licensees a duty of care, meaning they must remedy unsafe conditions to maintain safe premises. Individuals who trespass, meaning they do not have permission from the property owner to enter a property, are not owed a legal duty of care. However, minors who come onto a property uninvited are held to the same standard as invitees. Property owners can be held liable if a child trespasses onto their property and becomes injured due to a hazardous condition. Property owners have a special responsibility for protecting children from harm.
If your child has been injured due to an attractive nuisance, contact a determined lawyer from the Law Offices of Brian J. Elbaum, who can help you hold responsible parties accountable for their negligence. Our firm is prepared to help you seek reasonable compensation for your damages.
