As spring and summer near, people begin spending more time outdoors. Nice weather will attract children outdoors for play and exploration. This even includes children of tender ages. Sometimes, however, a child of a tender age may make their way onto your property. Sometimes they may do so because they are attracted to an object or condition. This “exploration” may sometimes prove dangerous, or even fatal, to the mischievous child. For instance, a tragic event recently happened in Laurel County, Kentucky. A Laurel County child was found in an above ground swimming pool. The child died from drowning. The swimming pool was easily accessible and seems to have attracted the child.
If your child makes his or her way onto the property of another and is hurt or killed, you should hire an experienced personal injury attorney. You deserve to be compensated for your loss. The personal injury attorneys at Roberts Law Office are here to help during this emotional and stressful process. We will fight hard to ensure that you are adequately compensated for your pain, emotional distress and inconvenience.
The Attractive Nuisance Doctrine
Generally, in Kentucky, as in most states, a property owner does not owe a duty to protect a trespasser on his or her property. The only duty that is owed to the trespasser is to refrain from willful or wanton injury. Nevertheless, several states, including Kentucky, recognize the “attractive nuisance” doctrine. This doctrine is aimed at protecting trespassing children. It envisions children, because of their age, incapable of understanding and/or appreciating certain dangers or risks on the property of others.
The attractive nuisance doctrine holds property owners liable for any injury to trespassing children if the injury was caused by any hazardous object or condition on the property. The dangerous condition or object must be “attractive to curious children” who are unable to understand or appreciate the risks involved with the condition or object. For example, as in the case above, a property owner may be held liable for a child’s injuries caused by an unguarded swimming pool. Thus, the attractive nuisance doctrine requires property owners to exercise reasonable care to safeguard children from certain dangerous conditions or objects on their property.
If your child is injured from a dangerous condition or object on another’s property, and if you are planning on filing a claim, you must prove the following specific elements under the attractive nuisance doctrine:
- That a dangerous condition or instrumentality existed on one’s property that could cause injury;
- That said dangerous condition or instrumentality was attractive or enticing to children of a tender age;
- That, because of his or her age, the injured child could not comprehend the danger involved;
- That the dangerous object or condition was not reasonably safeguarded at a location where young children were known, or reasonably should have been known, to trespass; and
- That making the dangerous object or condition safe would be reasonably practicable without affecting its utility.
Hire an Attorney for your Case
If your child ventured onto one’s property and sustained injury due to a purported attractive nuisance, you may have a claim. It is imperative that you hire an experienced personal injury attorney. Doing so will greatly increase your odds of adequate compensating for injuries or loss. The attorneys at Roberts Law Office are here to help. We are Kentucky attorneys and we offer FREE consultations. You will not owe us anything unless we recover money on your case. We encourage you to give us a call or submit a form on our contact page.