Did you child get injured while trespassing? Are you wondering if you can still file the lawsuit against the property owner?
According to the rule, the property owner is not liable to trespassers; however, in cases that involve children, the law recognizes their vulnerability and protects them. Under “attractive nuisance,” a legal doctrine that governs such cases, if a child sustains an injury while on other’s property, the parents can seek compensation. You can consult your personal injury lawyer VA Beach and take all the necessary actions to file the lawsuit and win the case. However, it’s essential to know what Attractive Nuisance is and how it works.
What Is an Attractive Nuisance?
According to the law, an attractive nuisance is any condition that may entice a child to it and cause them danger. If the property owner has such conditions present on his or her property, it becomes the property owner’s duty to protect children, including those trespassing. In the attractive nuisance case, the property owner may be held liable for the injuries sustained by a child as they failed to keep the property safe from trespassing.
What must your personal injury lawyer prove?
For winning the case, you and yourpersonal injury law firm Virginia beach must be able to present before the judge, these following things;
- The property owner is aware or should be aware of all the conditions present on the property that may attract the children and make them trespass.
- The conditions on the premise have the potential to harm the children.
- There is a greater risk for a child as compared to the cost of rectifying or correcting attractive nuisance.
- The property owner failed to take corrective measures to eliminate the conditions that caused the injuries or maintain a safe zone.
Now that we know what attractive nuisance is let’s understand the common types of attractive nuisance.
Common Types of Attractive Nuisances
There are plenty of objects and conditions that have the potential to harm or cause injury to a child; we have listed down the most common type.
Swimming pools and water sources: Children are always attracted to swimming pools and other water sources. Fountains, ponds, wells, or pools have the potential to entice children and cause harm. These attractive conditions have been known to cause tragedies like drowning.
Swings and other Playground Equipment: Swings have long been the favorite place for children. It has been found that children get attracted to properties that have swings, trampolines, and other playground equipment and get injured. When children use these things without proper supervision, their chances of getting hurt increase.
Construction Sites: Most children are attracted to construction sites or objects like heavy machinery, scaffolding, ladders, and enter without the supervision of their guardians.
Railroads: Earlier, railroads were one of the most common attractive nuisances. However, children are still drawn towards the tacks and rails and trespass. Children who wander in unsecured railroad area may get seriously hurt.