Children on Property
Property owners must maintain safe premises to ensure guests and visitors are not hurt on their land. This duty varies depending on the relationship between the property owner and guest. In West Virginia, landowners are also subject to the attractive nuisance doctrine, which protects children who enter his or her land. If your youngster has been hurt on someone else’s property, you may wish to retain a Randolph County child injury attorney to seek monetary compensation for any injuries that ensued. Experienced premises liability lawyer Dorwin J. Wolfe has dedicated his career to representing West Virginia clients in Clarksburg, Fairmont, Morgantown, and throughout the state.Seek Compensation With an Attractive Nuisance Claim
Children can be brave and adventurous. Their sense of curiosity often leads them to explore places that are far more dangerous than they understand, such as a trampoline, outdoor fire pit, or swimming pool. According to the Centers for Disease Control and Prevention (CDC), more than 12,000 people under the age of 20 die every year from unintentional injuries such as burns, drowning, falls, poisoning, and road traffic. More than 9.2 million others are treated in emergency departments for nonfatal injuries.
An “attractive nuisance” is a danger or safety hazard that children might be drawn to. The attractive nuisance doctrine holds property owners liable for injuries to minors trespassing on their land in some circumstances. This type of claim may arise when an accident was caused by a dangerous object likely to attract children, and when a child of similar age and experience would not have been able to understand the risk. For example, a child may not be able to realize the risk of drowning when exploring a swimming pool. Since children cannot be monitored at all times, a property owner has a duty to take reasonable steps to prevent foreseeable harm to minors. In the case of a swimming pool, this might involve investing in a pool cover or gate to ensure children who enter the property are not exposed to danger.
To win an on an attractive nuisance claim, the plaintiff must prove the following four elements:
- A dangerous object or man-made condition existed on the property;
- The landowner created or maintained the condition;
- The landowner knew or should have known that children would be attracted to the condition; and
- The landowner knew or should have known that the condition was dangerous and could cause harm to minors.
If your child died in a tragic accident on someone else’s property, you may be eligible to bring a wrongful death lawsuit. These cases are complex, so you should discuss the details of your situation with a knowledgeable attorney.
The harm that a child sustains in an accident can vary from cuts and bruises to severe injuries such as head trauma, broken bones, blindness, damage to internal organs, burns, and even disfigurement. Depending on the nature and extent of the accident, you may be able to pursue compensation for medical bills, rehabilitation treatment, counseling, pain and suffering, and any other costs associated with your child’s harm.Child Injury Lawyer Protecting Randolph County Children
If your child has been hurt on the property of another person or entity, you may be entitled to seek damages on his or her behalf. Before venturing down this road, you should consult an experienced attorney who can assess the merits of your case and explore all your legal options with you. West Virginia injury lawyer Dorwin J. Wolfe understands the emotional toll that accidents can have on young people and their families. You can expect the utmost respect and compassion from our entire team. For a free case evaluation with a Randolph County child injury lawyer, contact us online or call us at 877-637-5756.