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.
Biggest Mistakes People Make After Car Accidents in NYC
Motor vehicle accidents are frightening events that most people are lucky enough to never have to deal with. Motor vehicle accident victims universally report that the experience was traumatic and that it was difficult to make good decisions on the spot. It’s well established that being in a state [...]
How to Win an Accident Case
The best accident attorneys in Brooklyn, Bronx, and Queens have well-honed strategies to get great results for clients who are injured in accidents. Queens catastrophic injury attorneys that handle cases with life-changing injuries must be experienced and skilled in all aspects of personal injury law to navigate the [...]
How do you Prove Negligence in a Slip and Fall Case?
Slip and fall accidents can occur unexpectedly and lead to significant injuries, whether on sidewalks, in commercial properties, or at private clubs or residences. In Queens, Brooklyn, Bronx, and across New York City victims injured in slip & fall accidents can collect compensation if they can prove that the [...]
How to Choose the Best Personal Injury Lawyer in NYC
New York City is one of the biggest, busiest, and most iconic cities in the world. Millions of people call the Big Apple home, and millions more visit every year. With all those people come crowds, gridlock, and countless possible accidents. Whether you’re a tourist, business visitor, or [...]
How Policy Limits Impact Accident Claims
You’d be hard-pressed to drive anywhere in town without encountering billboards with Queens car attorneys, and other personal injury lawyers in NYC, boasting about their multi-million-dollar settlements and verdicts. This advertising is intended to not only give people the impression that you can get big money for minor injuries [...]
What Compensation Can a Traffic Accident Attorney Help You Recover?
If you've been seriously injured in any kind of traffic accident, you could be facing tremendous financial challenges. New York State's first-party benefits cover the first $50,000 of combined medical expenses, lost earnings, home health care, transportation, and other associated costs. If this runs out while you still need [...]