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.
What is Compensation for Pain and Suffering?
Most people are aware that accident victims can collect compensation for their pain and suffering and that some people collect millions of dollars for these claims. The important thing to remember is that huge pay-outs for pain and suffering are reserved for people with severe or catastrophic injuries, [...]
Symptoms of Traumatic Brain Injuries After a Personal Injury Accident
The best personal injury lawyers in NYC consistently advise clients to seek medical treatment after an accident even if they don’t think their injuries are serious. This is because some very serious injuries can be asymptomatic immediately after an accident, due to the pain reduction effects of shock [...]
How to Handle a Truck Accident Case
Truck accidents cause more serious and catastrophic injuries than all other types of motor vehicle accidents combined, making them the leading cause of disability in the United States. Truck accident injuries can have a devastating financial impact on the entire family, due to lack of income and astronomical [...]
What’s the Number One Cause of Motor Vehicle Accidents?
It’s no secret that motor vehicle accidents are common and can cause catastrophic injuries and death. Drunk driving is responsible for some of the most serious injuries, but due to strong laws and enforcement, it’s thankfully becoming more rare. These days, the number one cause of motor vehicle [...]
Car Accident 101 – Who’s At Fault?
If you’re sitting at a red light and get hit in the rear or you’re hit head on by a drunk driver driving the wrong way down the road, it’s easy to determine who is responsible. There are many other types of car accidents where determining liability is [...]
Why Are Parking Lots So Dangerous?
According to the National Safety Council, one fifth of traffic accidents occur in parking lots and many of these crashes result in serious injuries. In highly trafficked areas in New York City, the incidence of crashes is even higher, with the worst injuries sustained by pedestrians. The best [...]