Young children are natural explorers and require extra protection. They cannot always understand the consequences of unsafe behavior, so it is the responsibility of adults to ensure that they are kept safe. Landowners can recognize the dangers of their own property and which may be attractive to children. Pools, trampolines, sand or gravel piles, construction sites, abandoned buildings, and more can attract children, and children may be injured if they enter these places.
Features that could appeal to children are considered attractive nuisances and pose a serious danger to unsupervised children. The potential for injury is typically not obvious to children, so it is up to landowners to ensure that their property is appropriately secured. Failure to do so may leave the landowner liable for any accidents that occur.
If your child was injured on another’s property, you may be able to file a personal injury claim under the attractive nuisance doctrine. In order for the attractive nuisance doctrine to apply, you must prove:
- The landowner had reason to believe that children would access or trespass on their property
- The child in question is unable to appreciate the risk posed by the hazardous environment
- The landowner failed to care for their property, creating an unsafe environment
- The landowner had reason to know that there were unreasonably dangerous conditions on their property
- The cost of fixing the problem and maintaining the property is minimal compared to the risk it poses to children
Proving these points can be difficult for someone not well-versed in the law. An experienced personal injury attorney will be familiar with the attractive nuisance doctrine and can help you prove that your child’s injury was preventable. Your child’s injury can be life-changing, and your family deserves compensation for their medical care. Contact a personal injury attorney for skilled legal advocacy.
Our Fort Worth personal injury attorneys have served Texas residents for over 40 years. We have the experience, skills, and knowledge to fight for your needs. Our caring team will be sure that you understand your claim and we will keep you up-to-date about its progress. Contact the Law Office of James M. Stanley today to arrange a no-cost consultation with our team.