As an adult, you are probably confident in your ability to accurately gauge how dangerous a situation or object could be. Children are usually not as competent when it comes to threat assessment, and the law accounts for that by holding property owners accountable for things like “attractive nuisances.” These are things on a property that a reasonable person could expect a child to interact with and harm themselves. If your child was harmed by an attractive nuisance found on someone else’s property, our New Jersey premises liability lawyers may be able to help you.
What Are Some of the Most Common Attractive Nuisances?
Some types of attractive nuisances come up in these kinds of cases over and over again. Among the most common are:
- Swimming pools
- Wells
- Lawn machinery
- Trampolines
- Treehouses
- Dangerous animals
- Scaffolding
- Ladders
Take a good look at that list and think about what you would have done as a child. You probably would have at least been curious about climbing or touching at least a few of these attractive nuisances. That is why the law needs to protect kids against them, and it is why property owners can be sued when they do not take the proper precautions.
What if My Child Was Trespassing?
In some cases, a property owner can argue that if someone was trespassing on their land, then they are not responsible for any harm they suffered. When dealing with adults, this argument can work. It does not work when it comes to children though.
The law is written with the understanding that children are not going to fully comprehend every danger they encounter. A property owner has a responsibility to keep their land safer for the sake of any children who might be on their property, even if that child was not invited onto it.
What Are Some Hazards That Are Not Considered Attractive Nuisances?
Before you pursue legal action, it is also important to know that some potential dangers are not usually considered attractive nuisances by the court. These tend to be things that are not maintained by a landowner or items that should be obvious dangers, even to children. Some examples include:
- Ponds and lakes
- Cliffs and hills
- Sharp objects
- Labeled poisons
- Open pits
- Fire
- A wild animal
What Kind of Compensation Can I Recover If My Child is Harmed by an Attractive Nuisance?
If your child suffered harm because of an attractive nuisance and a property owner who did not make an effort to keep their property safe, you may be able to pursue compensation. This should help you pay for any medical bills your child accumulated and any future medical care, if needed. You can also be compensated for pain and suffering. An accident like this can take a toll on a child’s mental health as well.
Schedule a Consultation
If you think that you have a premises liability case to pursue, contact Rubenstein, Berliner & Shinrod, LLC. We can schedule a consultation and tell you more about what kind of legal options you have when your child is injured on someone else’s property.
