NEW YORK CITY PREMISES LIABILITY LAWYERS2018-08-25T17:16:22+00:00

NEW YORK CITY PERSONAL INJURY LAWYERS

NEW YORK CITY PREMISES LIABILITY LAWYERS

THE “ATTRACTIVE NUISANCE” DOCTRINE

It is well-established that property owners and operators only have a duty to “invitees” and trespassers injured on their property do so “at their own risk.”  What not everybody knows is that this concept does not apply to children, as a much higher duty of care is actually required.  There is liability for injuries sustained by children on your property if it contains what the common law refers to as an “attractive nuisance.  New York Premises Liability Lawyers wants you to know both how to protect yourself from liability and the situations where you may have an action on behalf of an injured child.

For example, if you are renovating your home and there are pieces of wood, nails and power tools lying around, you are liable for the injuries sustained by children who might be curious about these “interesting” things, pick them up, play with them and get hurt.  Therefore, it is a best practice to make sure all these items are secured on a daily basis.  New York City premises liability lawyers will always remind you that you must have a fence around your swimming pool or be liable for children that sneak in for a swim.

There is no strict rule about what age child this applies to, and children below a certain age should be constantly supervised by their parents.  If a 2-year-old toddles away from his parents, that’s lack of supervision on their part, and you are not responsible.   A 17-year-old should know should have the maturity to not snoop around and touch things that don’t belong to them, and would more likely get arrested for tampering with your property, that sue you for injuries.  In between, there is the age range of 9-14, where children are often allowed to walk around by themselves, but are still lacking in maturity.  Common law has the expectation that the community will make sure they are safe.

If you are not sure if something is an “attractive nuisance,” you can always call New York City premises liability lawyers and ask.

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NEW YORK CITY PREMISES LIABILITY LAWYERS

THE ATTRACTIVE NUISANCE DOCTRINE