If your child was injured on someone else’s property, the Angelos Legal Group can help.
When a child is injured due to an attractive nuisance on someone else's property, parents may wonder about their legal options for recovering damages. This blog post explores the concept of attractive nuisances, the liability of property owners in Maryland, and the avenues available to parents seeking compensation for their child's injuries. Read on to understand the legal framework and steps parents can take to protect their rights.
Understanding Attractive Nuisances
Attractive nuisances are man-made conditions or objects on a property that are likely to attract children and pose a risk of harm. Examples include swimming pools, trampolines, playground equipment, and abandoned buildings. Maryland recognizes that young children may not fully comprehend the dangers associated with these attractions, placing a legal duty on property owners to protect them from harm.
Liability of Property Owners
In Maryland, property owners have a legal duty to exercise reasonable care to prevent harm to children who may be attracted to their premises by an attractive nuisance. This duty exists even if the child is trespassing on the property. To establish liability, the following elements are generally required:
Existence of an attractive nuisance: The property owner must possess or maintain an object or condition that is likely to attract children.
Foreseeability: The property owner should have reasonably anticipated that children could be drawn to the attractive nuisance.
Failure to exercise reasonable care: The property owner must have neglected to take reasonable measures to eliminate or reduce the danger posed by the attractive nuisance.
Injury or harm: The child must have suffered an injury or harm as a direct result of the property owner's failure to exercise reasonable care.
Parental Recovery of Damages
When a child is injured due to an attractive nuisance, parents may pursue legal action on their child's behalf to recover damages. The following avenues may be available:
Negligence claims: Parents can file a lawsuit alleging negligence on the part of the property owner. To succeed, they must demonstrate that the property owner breached their duty of care, causing the child's injuries.
Premises liability claims: Parents may also bring a premises liability claim, asserting that the property owner's failure to maintain a safe environment led to the child's injuries.
Attractive nuisance doctrine: Parents can invoke the attractive nuisance doctrine to establish the property owner's liability. This doctrine recognizes that young children may be drawn to certain hazards and holds property owners accountable for failing to protect them.
It is crucial for parents to consult with an experienced personal injury attorney who can evaluate the circumstances of the case, guide them through the legal process, and advocate for their child's rights. Call us today…