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.
4 Ways to Find an Excellent Personal Injury Lawyer in NYC
You probably know that looking at billboards and listening to commercials is not the best way to find a personal injury lawyer in NYC. There are so many choices and you’re under so much stress due to the trauma of having an accident and concerns about your health due [...]
How to Settle A Car Accident Case
Only the tiniest percentage of traffic accident cases go to trial. That’s because it’s usually pretty clear how an accident happened, and if it’s not a compromise is used as a basis for settlement. It’s rare that a car accident is so complex that it requires the testimony of [...]
Traumatic Brain Injuries (TBI) and Low Impact Collisions
Don’t believe the insurance companies when they say that it’s impossible to sustain serious injuries in a low impact collision. The reality is that traumatic brain injuries (TBI) can be sustained any time there is force to the head. Brain trauma occurs in car accidents when the head is [...]
Martin Luther King and The Montgomery Bus Boycott
Martin Luther King Day was signed into law as a federal holiday in 1983, but was not established in all 50 states until 2000. The holiday celebrates the contributions of slain civil rights leader Dr. Martin Luther King Jr., known for his contribution to ending segregation in the United [...]
What Are High Crimes and Misdemeanors
High crimes and misdemeanors is the Constitutional standard the Congress must use to decide whether or not to impeach and remove a sitting President. It’s always been difficult to understand Constitutional law because it’s written in old-fashioned language and is often intentionally vague. That’s why my teaching assistant review [...]
What’s Your Personal Injury Claim IQ?
Everybody’s a “know-it-all” when it comes to personal injury claims. Even people that are lucky enough to never have an accident claim to know everything. Everybody has a friend that slipped on a banana peel and collected a million dollars or an uncle that drove his car into a [...]