Children Injured on Property

Contact Jed Dietrich, Esq. if Your Child was Seriously Injured on Someone Else’s Property in Buffalo, New York; Niagara Falls, New York; Rochester, New York or Throughout New York State.

child property injury

By nature, most children have strong curiosities that can place them in dangerous situations. Traditionally, people that enter onto private property without permission are deemed trespassers. If injured, trespassers are provided with minimal legal protection. There is however an important exception when the trespasser is a child, because children are believed to not have bad intentions when trespassing. As a result, the attractive nuisance doctrine was developed to protect children that were injured on someone else’s property. This doctrine provides children with some special legal protections, even if they were technically trespassers. The attractive nuisance doctrine holds property owners responsible for any injuries to children trespassing on their land, if the injury resulted from an unnatural or man-made dangerous condition or object on the property that is likely to appeal to children who are incapable of appreciating the dangers and risks associated with the same.

If property owners were aware that children may be on their property, the children are owed a greater duty of care than adults in the same circumstances. The courts will examine the injured child’s status on the property to decide whether or not damages can be recovered. Children who are deemed invitees or licensees are owed a higher duty than trespassing children. It is generally easier to prove liability when the children are invited onto a property containing a dangerous condition. Nevertheless, property owners must adequately warn of and protect children from dangers if they know, or have reason to know, children may enter their property. Children can easily find themselves faced with the dangers of an attractive nuisance. Far too many children are severely injured or even killed in what could have been avoidable accidents. These catastrophic accidents often drastically change the lives of the injured child, and their families, and frequently result in significant physical, emotional and monetary damages.

Jed Dietrich, Esq. understands the distress, worry and anxiety that parents may experience after their child is hurt in an accident that occurs on a negligent property owner’s land. The Dietrich Law Firm P.C.’s compassionate team of Buffalo, New York child property accident lawyers know the effects that the dreadful injuries suffered by child attractive nuisance accident victims can have on them, and their loved ones. After an accident, the child’s parents or guardians should make taking care of the child their main priority, and our team is here to help with the rest. Pursuing a premises liability claim against the property owner that was responsible for the attractive nuisance may be the only way to begin to recover.

The Dietrich Law Firm P.C.’s team of child property injury accident attorneys in Buffalo, New York are aggressive, tenacious and hardworking. Every day, Jed Dietrich, Esq. is determined and dedicated to obtaining the best possible results for injured children. The Dietrich Law Firm P.C., recognized as a Best Law Firm of America, will fight to obtain the best result possible for your child who was seriously injured by an attractive nuisance. Insurance companies have paid Jed Dietrich, Esq. over $175,000,000.00 in verdicts and settlements to compensate his clients for their serious personal injuries, so contact us today at 716-839-3939 for your free consultation. We are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you!

Requirements To Be Considered An Attractive Nuisance

The minds of young children are often considered too undeveloped to comprehend the dangers associated with trespassing. As a result, children cannot be expected to fully understand the extent of risks. The attractive nuisance doctrine requires property owners to practice a reasonable standard of care to trespassing children and holds property owners liable for injuries caused to children on their property, even uninvited children. A property owner can be held legally responsible for injuries to children under the following conditions:

  1. The concerned property had a man-made or unnatural object or condition, such as a swimming pool or trampoline;
  2. The landowner was aware or should have been aware of the possibility of children trespassing onto the property;
  3. The property owner knew or had reason to know that the unnatural object or condition presented a risk of severe injury or death to children;
  4. The child could not be expected to be able to identify or appreciate the dangers accompanying the object or condition because of his or her young age;
  5. The benefits of the owner in creating or maintaining the object or condition on their property, as well as the burden of removing the danger, was insignificant compared to the dangers it posed to children; and
  6. The property owner neglected to use reasonable care to eliminate the danger associated with the man-made or unnatural object or condition posed to children, or to protect children from it.

If your child was injured in an attractive nuisance accident in Buffalo, Rochester, Niagara Falls or throughout New York State, you want the best Buffalo, New York personal injury lawyer to handle your child’s claim. Jed Dietrich, Esq. is recognized as a Best Lawyer of America and his team of child property injury accident attorneys in Buffalo, New York are dedicated to safeguarding the legal rights of children that suffer serious injuries because of someone else’s negligence. Contact us today at 716-839-3939.

Common Types Of Attractive Nuisances child property injury

It does not take much for young children to get seriously injured or even killed in an accident on someone else’s property. Due to the size of small children, even non-fatal injuries resulting from attractive nuisance accidents can be devastating. Some common types of attractive nuisances that cause children injuries include:

  1. Ungated or uncovered swimming pools;
  2. Trampolines;
  3. Discarded large appliances;
  4. Artificial ponds or fountains;
  5. Tunnels;
  6. Construction sites;
  7. Dangerous equipment or machinery;
  8. Large holes in the ground;
  9. Broken-down or abandoned cars;
  10. Exposed power lines;
  11. Animals, such as dogs; and
  12. Unsecured industrial gear.



Liability For Child Property Injury Accidents

Property owners are typically held responsible for children’s injuries suffered on their property, even when others may share some fault. Further, renters, lessees, occupiers and property managers may all be held liable under the attractive nuisance doctrine if the above conditions are met. An attractive nuisance is a structure, condition or object that can be both irresistibly appealingly or inviting and dangerous to children. Under the attractive nuisance law, whoever controls or owns the property can be held legally responsible for any bodily harm caused to children—even trespassing children.

Property owners that maintain dangerous conditions which are expected to entice children to enter onto the property have to take affirmative measures to protect children from the danger, such as posting a warning sign and adequately restricting access to the area. In most circumstances, natural conditions will not be viewed as an attractive nuisance, and property owners will not be liable. There is no age restriction to the attractive nuisance doctrine. Even property owners might be held liable when teenagers are lured by something on their property and suffer injuries.

When you combine a child’s impulsive nature with carelessness or negligence of property owners, such as having ungated swimming pools, it is easy to understand why so many children are injured on other people’s property. Child victims of attractive nuisance accidents caused by someone else’s negligence may be entitled to monetary compensation for their injuries. The parents or legal guardians of a minor can pursue a personal injury lawsuit on the child’s behalf to recover damages for the child’s injuries. This may include compensation for permanent disfigurement, pain and suffering, accident-related medical expenses, life-long disabilities and missed time from school or work. If a family lost a child in an attractive nuisance accident, although nothing can erase the pain of losing a child, the parents may be able to file a wrongful death claim.

The Dietrich Law Firm P.C.’s team possesses the knowledge and skill necessary to diligently investigate your child’s accident and attempt to obtain the highest possible recovery for their injuries. If your child suffered serious injuries because of an attractive nuisance, contact Jed Dietrich, Esq. and his team of Buffalo, New York attractive nuisance accident injury lawyers at the Dietrich Law Firm P.C. for a free consultation. Our team is available 24 hours per day and 7 days per week at 716-839-3939 or by filling out the online consultation form. We are the aggressive, tenacious and hardworking Buffalo, New York personal injury lawyers who are ready to fight for the compensation your child deserves!

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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