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.