While many children are afraid to leave their parent’s side, it’s not uncommon for others to be much more curious. Though this curiosity is great for education and development, it can pose dangers. Unfortunately, you may find that a neighbor has fixtures on their property that entice children. As such, a child may wander over and become injured if there are no security measures in place. If your child was injured on someone’s property because the landowner failed to mitigate the risk of damages, you may be able to prove they are liable with the help of personal injury attorneys in Baltimore County because they had an attractive nuisance on their property.
What Does Attractive Nuisance Mean?
An attractive nuisance is an item or fixture on a person’s property that is enticing to children who may not understand the inherent danger associated with unsupervised interaction with the object. These are generally man-made fixtures, including but not limited to the following:
- Swimming pools
- Man-made lakes
- Wells
- Abandoned vehicles
- Fountains
- Treehouses
It’s important to note that property owners usually do not have a duty of care to trespassers. However, the law holds children to a different standard, providing minors additional protections. As such, the homeowner can be found liable for damages caused by an attractive nuisance on their property.
What Constitutes Liability?
If someone has an attractive nuisance on their property, they must demonstrate reasonable care that they tried to remedy the situation and prevent children from becoming injured on their property.
For example, if a homeowner has a pool on their property but no fence to keep others out, no lighting around the pool, and does not put the pool chemicals away, a child who wanders onto the property may become injured. As such, the owner would likely be found liable, as they did not take any measures to mitigate the risk of injury.
What Should I Do if My Child Is Hurt Due to a Negligent Property Owner?
When your child is hurt, the most important thing to do is seek medical attention as soon as possible. This will not only ensure the health and well-being of your child, but it can also help prove you took the necessary steps following the accident to mitigate the harm your child suffered.
If possible, you should take photos of the nuisance to demonstrate how easily accessible it is.
It is also important to note that the law defines anyone under 18 as a child. As such, these laws do not only apply to younger children. As long as it can be proven that a child would not understand the risks associated with the danger, you can pursue compensation.
If you want to pursue justice for your child hurt by the negligence of a property owner, the Law Offices of Markey & Orsi can help. Our dedicated team understands how devastating it can be to see your child suffer due to no fault of their own. As such, we will do everything possible to fight for the justice you deserve. Contact us today to learn how we can assist you.
