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.
How to Hire A Reputable Bronx Car Accident Attorney
New York City is the scam capital of the United States, so it’s important to know what to do to avoid scammers! For example, it’s important to make sure that you only get into a metered taxi, ride share, or livery that you’ve arranged for. Too many people have [...]
How to Avoid Summer Driving Hazards
With beaches, outdoor dining, and other amenities opening up, and the thought of flying with recirculated air still daunting, Americans are taking to the roads more than ever this summer. With Covid 19 still rampant and increasing in many areas, it’s important to take prudent steps to protect yourself, [...]
Can I Sue For Sexual Abuse When I Was A Child?
The answer is yes. The Child Victims Act, passed in 2019, changed the law so that victims of sexual abuse, that are under the age of 55, can sue persons and organizations for child sexual abuse, no matter how long ago it occurred. For example, you could sue a [...]
What’s Changed For Car Accidents As NYC Reopens?
New York City finally entered Phase I of reopening this Monday, June 8th. This smart reopening is only happening because we’re continuing to see a downward trend in new cases, hospitalizations and deaths. At the peak of the crisis there were few cars on the road, but traffic is [...]
What Is Negligence?
You’ve probably heard people say that you can sue for negligence when you’ve been injured, but you might not know exactly what the word means. The definition of negligence is simply “failing to use proper care.” This can mean something very different depending on what the activity is, and [...]
When To Call Any Attorney During The Pandemic
Most personal injury lawyers in NYC offer free consultations. The best Queens, Bronx, Staten Island, Manhattan and Brooklyn personal injury attorneys can set up a Zoom conference so that you can discuss your case from the safety of your home. So, if you’re wondering if you have a viable [...]