In New York, property owners must exercise reasonable care toward those who have an expressed or implied invitation to enter their property, meaning they must maintain a safe environment, eliminating any hazardous conditions to mitigate the risks of accidents and injuries. However, property owners must exhibit the highest level of care to reduce the risk of harm to children who may visit their property. The law places a special responsibility due to attractive nuisances. Essentially, an item on a property may draw children in and look enticing but can cause them harm. Since children cannot comprehend the potential risks associated with artificial property conditions, property owners must take the necessary precautions to prevent damage. Property owners may be liable for injuries if they fail to provide reasonable care. If you or your child has been injured on someone else’s property due to negligence, contact a skilled New York City & Westchester County Slip and Fall Lawyer who can help you understand your legal options.
WHAT IS AN ATTRACTIVE NUISANCE?
An attractive nuisance is something on a property that captures a child’s interest and attracts the child to trespass onto someone else’s property to investigate the item. However, it presents a danger to children who encounter it. As per the attractive nuisance doctrine, property owners must take the appropriate measures to minimize harm to children entering their property. They can do this by addressing and removing any hazardous conditions on the premises. Some common attractive nuisances include swimming pools, trampolines, treehouses, fountains, and machinery. Essentially, they are any unnatural, artificial conditions on land, meaning it has been added to the premises. Therefore, small things like sticks, ponds, and hills are not considered attractive nuisances.
Generally, this doctrine recognizes that children can become injured on virtually anything. However, due to this risk, children must be accompanied and supervised by a parent or guardian. Children are presumed to understand some apparent dangers. This includes hazards like sharp objects, touching fire, falling from a great height, and approaching a wild animal. In such cases, property owners may not face liability.
ARE CHILDREN CONSIDERED TRESPASSERS IN NEW YORK?
In most cases, when a person enters a property without consent from the owner, they are considered trespassing. Property owners do not owe trespassers a duty of care as they do not have permission to come onto a property. However, children who enter a property without permission are still owed the same level of care as an invitee. Minors typically get special consideration under the law, which means property owners can be held liable for injuries if a child who trespasses is injured on their property due to an attractive nuisance.
If your child has been injured due to an attractive nuisance on someone else’s property, it is in your best interest to contact an adept lawyer from The Bàez Legal Group, who can help you seek reasonable compensation for the damages you’ve endured.