Understanding Premises Liability in Child Injury Cases

Premises liability is a legal principle stating that every property owner owes a certain degree of care to those who visit their property. Generally, premises liability laws (which can vary from one state to another) establish that a property owner or manager must take reasonable steps to limit the chances of others being injured on their properties.

However, many factors can influence what does and doesn’t constitute “reasonable steps” in these circumstances. One such factor is who is on the property. For example, a property owner doesn’t owe the same duty of care to a trespasser that they owe to an invited guest.

In Massachusetts and other New England states, premises liability laws can also account for the age of a potential victim. The laws essentially offer special protection to minors. Thus, if a child is injured on someone else’s property due to the property owner’s negligence, they may be eligible for financial compensation.

If you’re the parent of a child injured on someone else’s property, and the occurrence is due to someone else’s negligence or carelessness, the law provides that you (or a legal guardian) may initiate a claim on their behalf. Doing so usually involves filing an insurance claim or personal injury lawsuit.

How the ‘Attractive Nuisance’ Doctrine Affects Premises Liability Cases Involving Children

Again, in most instances, premises liability laws don’t apply when someone is a trespasser. Although the law does prohibit a property owner from intentionally or maliciously harming a trespasser or allowing them to be harmed, a property owner doesn’t need to take the same steps to protect a trespasser that they would need to take to protect someone they invited to be on their property.

That said, the law makes exceptions for children. In Massachusetts, the law requires property owners to account for the fact that “children” (the law doesn’t provide a specific age defining what does and doesn’t constitute a child) who don’t fully understand the concept of trespassing may be attracted to certain “artificial conditions” on others’ properties. Examples of such conditions include:

• Swimming pools
• Abandoned buildings
• Playground equipment
• Animals
• Machinery
• Refrigerators and other discarded appliances

Again, those are just examples. Massachusetts law requires property owners to take steps to limit the chances of children being injured because such nuisances attract them. What those steps involve can vary depending on the nature of an attractive nuisance.

For the most part, installing signs warning children of such nuisances isn’t sufficient. A child may be too young to read or understand a sign. Even if they can read a sign, they might be too young to know to look for such warnings.

Property owners should take reasonable steps to prevent children from being able to access attractive nuisances. This may involve erecting fences around pools, installing locks on gates and buildings, etc.

Seeking Compensation in a Premises Liability Case Involving Child Victims

Has your child been injured on someone else’s property in Massachusetts? Do you have reason to believe your child would not have been injured had a property owner not been negligent?

If so, you may file a claim or personal injury lawsuit on their behalf seeking compensation for such losses as medical bills. Depending on the circumstances, compensation may also be available for struggles and consequences of your child’s injuries that don’t have an inherent dollar value. For instance, pain and suffering as a result of injuries represent compensable damages.

Compensation may also be available if a property owner’s negligence resulted in the loss of a child. Although of course no amount of money can fully compensate anyone for a child’’s passing, by filing a wrongful death claim or lawsuit, parents could seek compensation for funeral and burial costs, as well as the emotional pain they may struggle with due to a child’s untimely death. Furthermore, taking action may help prevent injuries and save lives in the future by altering the behavior of the wrongdoer.

Securing the compensation for which your child may be eligible can be challenging, though. You will likely need to present evidence showing that a property owner didn’t take the necessary steps to stop a child from accessing an attractive nuisance. The insurance company could deny your claim if you don’t provide sufficient evidence of liability.

Gathering such evidence is a task a child premises liability lawyer can assist you with. At Swartz & Swartz, P.C., a Massachusetts personal injury lawyer is available to review your case and offer the representation you and your child deserve right now. Learn more about what we can do for you by contacting us online or calling us at (617) 742-1900 for a free consultation.

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