Read on to learn more about the attractive nuisance doctrine and how it may apply to your situation.
What Is the Attractive Nuisance Doctrine?
The attractive nuisance doctrine applies when a property owner has a feature on their property that could attract children but is hazardous. Common examples include:
- Swimming Pools: Children may be drawn to pools without recognizing the risks involved.
- Abandoned Vehicles or Machinery: Items like abandoned vehicles or construction equipment can tempt children and pose significant safety hazards.
- Playground Equipment: Unsecured or unsafe playground features, like an old slide or swing, can also lead to accidents.
Under this doctrine, property owners are required to take reasonable steps to prevent curious children from reaching these dangerous areas, such as installing fences or putting up warning signs.
How Does the Attractive Nuisance Doctrine Apply?
To hold a property owner liable for a child’s injury under the attractive nuisance doctrine, certain conditions must be met:
- Knowledge of Potential Danger: The property owner knows (or should know) about the dangerous condition.
- Likelihood of Child Attraction: The feature is likely to attract children to the property.
- Failure to Safeguard: Once aware of the hazard, the property owner failed to take reasonable steps to eliminate it or post appropriate warnings, leading to an injury.
Our attorneys at McPhillips Fitzgerald & Cullum LLP can help you determine if an incident qualifies under the attractive nuisance doctrine in the states of New York and Florida.
Why Hire Us For Your Attractive Nuisance Case?
Our law firm provides dedicated legal representation, supporting families impacted by property-related injuries.
Here’s why our clients trust us:
- No Upfront Fees: Working on a contingency basis, we only get paid if we secure a settlement or judgment for you.
- Proven Track Record: Our knowledgeable team has experience with complex cases involving premises liability and attractive nuisances.
- Local Representation: We’re proud to serve clients in Glens Falls, NY, Chestertown, NY, and Miami Shores, FL. We’re the longest-standing law firm in the Southern Adirondack area, having started our firm in 1911.
With extensive experience handling premises liability cases of all types, and unique specialized expertise in the area of attractive nuisance doctrine, our team can help your case succeed.
Attractive Nuisance Doctrine Lawyers in NY and FL
If your child was injured due to a dangerous condition on someone else’s property, you may have a case under the attractive nuisance doctrine. Call our Glens Falls and Chestertown offices at 518-792-1174 or our Miami Shores office at 305-751-8556 to book your consultation.
