Children are naturally curious and often drawn to things that catch their eye that seem fun or interesting but can pose serious dangers. Unfenced swimming pools, abandoned construction sites, trampolines, vacant buildings, heavy machinery, and discarded appliances can all attract children who may not recognize the risks. When property owners fail to secure or eliminate these hazards, children can suffer devastating injuries.
Chilren account for 22 percent of all emergency department visits and Johns Hopkins Center for Injury Research and Policy finds that accidental injuries are the leading cause of death among children between the ages of one and 14.
If your child was injured on another’s property because they were lured in by an “attractive nuisance” such as an unsecured swimming pool, it is essential to understand your legal rights as well as the legal rights of your child to receive medical care, protect your family’s financial stability, and hold all negligent parties accountable. An experienced child injury attorney can support your family through this challenging time by helping you pursue an injury claim and seek the compensation needed to support your child’s recovery and long-term well-being.
Attractive Nuisance Claims for Children Injured Due to Dangerous Attractions on Private Property
When a child is injured on another’s property, families may be left facing emotional trauma, medical expenses, and difficult questions about how the incident could have been prevented. An attractive nuisance claim against a property owner may be an option to recover a fair settlement after your child was injured on another’s property.
What are Attractive Nuisance Laws?
Under premises liability laws, property owners are generally not liable if a person trespasses on their land and then gets injured. However, Washington State law has an “attractive nuisance” exception for children who are injured after trespassing.
The attractive nuisance doctrine says that a parent or legal representative of an injured child may bring a legal claim against a property owner for injuries caused by a dangerous artificial condition on the land, if the object “attracted” the child or lured them onto the property.
Common dangerous conditions that may attract or lure children include:
- Unfenced swimming pools and hot tubs
- Trampolines without safety netting
- Construction sites with open pits, heavy tools, or machinery with keys in the ignition
- Man-made ponds
- Abandoned cars
- Uncovered wells
- Unlocked sheds
- Unsecured log forts
- Old appliances
Proving Negligence in Attractive Nuisance Cases
In an attractive nuisance claim, negligence occurs when a property owner or other party responsible for the property fails to take reasonable steps to secure a dangerous condition that may attract children or protect them from a foreseeable risk of harm. For an attractive nuisance claim to succeed, the injured party must typically show that:
- The property owner knew or reasonably should have known that children were likely to enter the property.
- The hazardous condition created a foreseeable risk of serious injury or death.
- Because of their youth, the child was unable to recognize the danger.
- The risk to children outweighed the burden of eliminating the danger or making the condition safe.
- The property owner failed to exercise reasonable care to prevent children from being injured.
Determining Liability in Attractive Nuisance Cases
Understanding who may be responsible for an injury your child sustained on someone else’s property is an important first step in protecting your child’s rights and pursuing the compensation your family may need. It’s important to understand that determining liability is not always straightforward because responsibility may involve multiple individuals or organizations, including property owners, landlords, property managers, maintenance companies, or other third parties.
- If a property owner failed to secure a dangerous condition that could attract children, they may be liable for resulting injuries. Property owners have a responsibility to take reasonable steps to address hazards such as unsecured swimming pools, abandoned structures, construction equipment, trampolines, or other features that may appeal to children but create a foreseeable risk of harm.
- If a landlord or property management company failed to address an attractive nuisance on rental property, they may share responsibility for a child’s injuries. Liability may apply when they knew or should have known about a dangerous condition, such as an unfenced pool, unsafe recreational feature, or hazardous area accessible to children, and failed to take reasonable precautions.
- If a third party created or contributed to the dangerous condition, that party may also share liability. Contractors, maintenance companies, equipment installers, or manufacturers may be responsible if their negligence created, failed to correct, or failed to warn about a hazardous condition that attracted a child and resulted in injury.
How a Personal Injury Attorney Can Help
A personal injury lawyer can help by thoroughly investigating the accident, identifying all potentially responsible parties, and gathering the evidence needed to build a strong claim. An experienced attorney understands how to navigate claims against all types of parties to pursue compensation for medical expenses, future care needs, pain and suffering, and other losses. Having legal guidance allows parents to focus on their child’s recovery while protecting their family’s legal rights.
Contact a Child Injury Lawyer Today!
A child injury lawyer can help you recover a full and fair settlement for the injuries sustained to your child caused by the negligence of another. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. There are no up-front costs to you to file a claim and our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County who were injured in Washington State since 1979. Contact the experienced and hard-working child injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
