Now that the weather is warmer, more children will be spending time outside.  If you have your own children, or will have children as guests on your property, it is necessary to take proper precautions to ensure that they will be able to play safely.  Additionally, even if you do not have children, you still need to ensure that your property is safe to avoid liability if you have what is referred to in the law as “an attractive nuisance” on your property.

An attractive nuisance is something that might catch a child’s attention and encourage them to trespass onto your property.  Some common examples include pools, fountains, abandoned cars, or anything a child might be drawn to play on or in.  Natural landscape elements such as hills or lakes usually are exempt from qualifying as an “attractive nuisance.”  Farm animals also typically exempt from the doctrine.

A property owner may be held liable if:

• They knew or should have known that children had, or were likely to, trespass on the property.
• The condition on the property had the potential to seriously harm a child.
• The child trespassing was too young to understand the risks associated with their actions.
• It would cost reasonably little to repair the condition, as compared with the risk it presented.
• The property owner did not take reasonable measures to remedy the condition.

A property owner may escape liability if the trespass was not foreseeable; fixing the condition posed a tremendous financial burden; or if the child was old enough to understand the risks associated with their behavior.

If your young child has suffered an injury on someone else’s property, they may be entitled to damages.  Contact an experienced personal injury attorney to discuss your legal options.  Call the Law Office of Ernest Holzberg & Associates at (212)391-1139.