You have probably heard that property owners are liable for kids injured by attractive nuisances on their properties. However, do you know how to prove that a property owner should pay for such an injury? Here are the four questions courts usually consider while handling an attractive nuisance claim:
Was There a Dangerous Condition on the Property?
The first thing is to prove that a dangerous condition existed on the property. Here you should note that what may be safe to an adult can be dangerous to kids. For example, an old abandoned freezer may not be dangerous to an adult, but it is dangerous to kids. For example, kids playing hide and seek can hide in a chest freezer and suffocate. If you are dealing with something that some people don't consider automatically dangerous to kids, you may need the testimony of an expert witness to convince the court of the item's danger. Note that property owners are liable for injuries caused by artificial dangers, but not natural ones such as ponds.
Did the Landowner Know of the Trespassing Tendencies?
The property owner is more likely to be on the hook for the injury if they knew, or had reason to know, that children could trespass on the property. Consider a home (near a bus stop) that kids from neighboring usually use when going to the bus stop. In such a case, the owner of the home ought to know that kids are likely to trespass on the property. Contrast this with a secluded cabin in the woods with no neighboring homes; in such a case, it's difficult to conceive kids can trespass on the cabin's grounds.
Did the Property Owner Know the Condition Could Hurt Kids?
It also helps your case if you can prove that the property owner knew or should have known that the condition could hurt kids. For example, it should be clear to every homeowner that a kid can drown by falling into a swimming pool. However, an average person may not know that a standing wall can hurt kids. Therefore, you may not have a strong case if your kid was playing near a garage wall, but then slipped and knocked their head on the wall.
Did the Property Owner Take Measures to Curb the Danger?
If the property owner knew all of the above, they might still be off the hook if they can prove that they took the necessary precautions to curb the danger. For example, a homeowner who fences their swimming pool cannot be held liable for injuries in the pool if the injured kids found some ingenious way to cut through the fence or get into the pool.
Therefore, don't assume that you have a small case just because your kid was injured on another person's property. You still have some work to do to prove the claim, and an injury lawyer should be your go-to person for the requisite legal help. Learn more by visiting resources like http://josephbwolfley.com.