WITTENSTEIN & WITTENSTEIN
QUEENS PERSONAL INJURY LAWYER FOR CHILDREN
THE “ATTRACTIVE NUISANCE” DOCTRINE
Recognizing the curious nature of children and their lack of maturity, New York Law imposes a duty of care on owners and occupiers of property to protect children, even if they are trespassing on their property. The theory is that if the property is accessible, it might tempt children to play there and get hurt. This is how it operates:
- There must be an “artificial condition” on the property, such as a building, an open bit or some type of equipment.
- A reasonable owner would be aware that the property was accessible and that it might tempt children to trespass onto the property.
- That children could not have been expected to realize the danger or risks on the property.
- The burden on the property owner was minimal (ie: put up a fence, fill in a hole) compared to the risk that the condition presented for curious children.
- The owner failed to take reasonable care to prevent the condition or to protect children from it.
WITTENSTEIN & WITTENSTEIN
QUEENS PERSONAL INJURY LAWYER FOR CHILDREN
EXAMPLES OF “ATTRACTIVE NUISANCES”:
- Swimming Pools
- Railroads
- Construction Sites
- Power Lines
- Manmade Ponds, Lakes and Fountains
- Abandoned Automobiles
- Farm Equipment
- Holes in the Ground
- Playgrounds – When smaller children are exposed to skateboard ramps and treehouses.
At Wittenstein & Wittenstein we specialize in helping injured children. There are unique and sometimes complicated laws and regulations that apply only to children. Young people also need to be treated with the utmost sensitivity and sometimes require a great deal of patience. Trust your child’s case to an attorney and mom who knows how to take care of them. Call us for a FREE CONSULTATION at 718-261-8114.
Are You Having Trouble Making Ends Meet?
The stock market is going through the roof, companies are showing record profits, and CEO salaries for large companies average over ten million dollars a year. That’s great for billionaires, but the rest of us are having difficulty paying our rent/mortgage and putting healthy food on the table. It’s [...]
Ice and Snow Liability 101
New York property owners are required to maintain safe conditions on their premises. This responsibility is not boundless. In New York, property owners must make reasonable efforts to inspect and correct slippery conditions caused by ice snow, so determining liability is not always straightforward. That’s why it’s important to [...]
Asserting Your Rights In New York State
With Donald Trump and his oligarchs back in power, we are sure to see a reduction in federal rights, including the right to collect compensation from negligent parties for injuries caused by negligence, recklessness, and intentional conduct. It’s no secret that safety measures are expensive and profit-hungry billionaires [...]
Attorneys Fighting for Justice
When our country was founded only white, propertied, Protestant men had the right to vote. Much progress has been made to include a much wider range of voters, but many inequities remain. One of those inequities is access to the legal system for middle-class people who cannot afford [...]
Justice for Hit and Run Victims
One of the most infuriating things life can throw at us is a hit-and-run driver! You’re lying on the ground, or you’re sitting in your damaged car, or you’re trapped under your broken bike, watching the car that hit you drive away! It’s unimaginable, but it happens every [...]
Why Drunk Driving Accident Injuries Are Often Catastrophic
Of the thousands of motor vehicle accidents that happen each year in New York City, the ones that cause the most serious injuries are usually caused by drunk driving. This is because sober drivers that make a mistake are usually able to mitigate the damage, they cause by slamming [...]