ATTRACTIVE NUISANCE2019-01-21T13:52:15+00:00

WITTENSTEIN & WITTENSTEIN

QUEENS PERSONAL INJURY LAWYER FOR CHILDREN

THE “ATTRACTIVE NUISANCE” DOCTRINE

Recognizing the curious nature of children and their lack of maturity, New York Law imposes a duty of care on owners and occupiers of property to protect children, even if they are trespassing on their property.  The theory is that if the property is accessible, it might tempt children to play there and get hurt.  This is how it operates:

  • There must be an “artificial condition” on the property, such as a building, an open bit or some type of equipment.
  • A reasonable owner would be aware that the property was accessible and that it might tempt children to trespass onto the property.
  • That children could not have been expected to realize the danger or risks on the property.
  • The burden on the property owner was minimal (ie: put up a fence, fill in a hole) compared to the risk that the condition presented for curious children.
  • The owner failed to take reasonable care to prevent the condition or to protect children from it.

WITTENSTEIN & WITTENSTEIN

QUEENS PERSONAL INJURY LAWYER FOR CHILDREN

EXAMPLES OF “ATTRACTIVE NUISANCES”:

  • Swimming Pools
  • Railroads
  • Construction Sites
  • Power Lines
  • Manmade Ponds, Lakes and Fountains
  • Abandoned Automobiles
  • Farm Equipment
  • Holes in the Ground
  • Playgrounds – When smaller children are exposed to skateboard ramps and treehouses.

At Wittenstein & Wittenstein we specialize in helping injured children.  There are unique and sometimes complicated laws and regulations that apply only to children.  Young people also need to be treated with the utmost sensitivity and sometimes require a great deal of patience.  Trust your child’s case to an attorney and mom who knows how to take care of them.  Call us for a FREE CONSULTATION at 718-261-8114.

FREE CONSULTATION
NO FEE UNLESS WE WIN

Everything You’ve Ever Wanted to Know About Truck Accidents

According to the U.S. Department of Transportation, most truck accidents fatalities are to persons in passenger vehicles in collisions with 18-wheelers, big rigs, tractor trailers and other large commercial vehicles.  Despite increasing safety regulations, truck accidents have increased substantially since the 1990’s.  This could be due to downturns in [...]

What is a Personal Injury Case?

A personal injury case is a claim or lawsuit for damages caused by the negligent, reckless or intentional actions of another person or organization.  Most people are familiar with the typical cases for traffic accidents and slip and falls, but there are many other types of cases that a [...]

Contingency Fee Lawyer – No Fee Unless We Win

New York law allows attorneys to retain clients on a contingency fee retainer for many types of cases. The law specifies the fees that can be charged for different types of contingency cases, and how the disbursements, liens and other financial aspects of a contingency fee retainer must [...]

Is it Too Late to Start an Accident Case?

Statutes of Limitations in New York Time limits for bringing lawsuits are called “Statutes of Limitations.”  They specify the time period for starting a lawsuit. They are intended to allow a reasonable amount of time to start actions.  Once this time period expires, a lawsuit can usually not be [...]

3 Types of Electrical Hazards and How to Prevent Them

There is no question that hundreds of millions of people the world over have come to rely on the modern convenience of electricity. Indeed, the whole reason I am able to write about this subject is because of electricity. However, with every benefit, there is a downside. There are [...]

I Signed a Liability Waiver, Can I Still Sue?

Most Liability Waivers are Not Enforceable in New York Companies are increasingly requiring waivers for participating in many events and recreational activities.  They are intended to protect businesses from lawsuits, and act as psychological deterrents as people often assume that they cannot sue for their injuries because they signed [...]

Load More Posts