When a minor-aged child is hurt through another party's negligence, the parents have every right to file a personal injury suit against the wrongdoers. Often, the source of danger that attracts a child is seemingly innocent and the owner of the property may be unaware of its danger or their potential to be held responsible for injuries. Read on to learn more about this particular facet of personal injury law known as an attractive nuisance.
Who Is Responsible for Attractive Nuisance?
While all parents are responsible for ensuring that their children are kept safe from danger, attractive nuisances tend to make that more of a challenge. Children are just naturally inquisitive, and that curiosity can lead them to explore in areas that are attractive, but dangerous.
Just as parents have a responsibility to keep an eye on their children, the owners of nearby properties also must ensure that nothing there could harm children. Landowners and municipalities must take on the burden of ensuring that innocent children cannot be lured into a dangerous situation.
What Are Some Common Attractive Nuisances?
You might already know about some attractive nuisances. Most people who have swimming pools in their yards are required to keep them fenced off from children and others who might not realize the danger the pool holds. Other examples of attractive nuisances include:
When Are Nuisances Deemed "Attractive"?
The law says that if the property owner has done everything in their power to hide an enticement, the owners may reduce or eliminate their liability. For example, if you lock up the weed killer in your garden shed, but a child climbs through a window and accesses it, you may not be liable for any resulting injuries. The responsibility is on the landowner to take all steps necessary to ensure that the nuisance is kept hidden and secure from children.
When Your Child Is Harmed by an Attractive Nuisance
Seek medical treatment for the child without delay, even if the child seems fine. Keep all medical receipts, bills, and explanation of benefits from the insurance company. Take photos of the nuisance as soon as possible since many landowners won't waste time before making changes. Finally, speak to a personal injury attorney as soon as possible about your child's injury.
For more information, contact a law office like Hoffman, Larin & Agnetti today.