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.
Keeping Your No-Fault Benefits after a Traffic Accident
How to Keep Your No-Fault Benefits Open If you’ve been injured in a traffic accident, your medical bills are usually paid by your car insurance. This benefit is commonly referred to as a “no-fault” benefit, as you are entitled to this coverage regardless of how the accident happened. This [...]
Drivers & Passengers: Keeping Safe in Rideshares
How Safe Are Rideshares? Companies such as Lyft, Uber, Juno and Via provide many of us with viable ways to get around New York City. It is also a source of income for many individuals. While appreciating the convenience these apps provide, it is important that both drivers and [...]
Types of Damages Recoverable in Personal Injury Law
Generally, a personal injury case begins with establishing negligence, which is the recognition of a legal duty and breach of that legal duty. This means that there must be something expected, such as a property owner’s duty to keep the premises safe, and the “breach” might be oil left [...]
How Can a Car Accident Attorney Help Me?
You should contact a car accident attorney as soon as possible after you have an accident. You may have more rights than you think! Sometimes people are afraid to go to the hospital in the ambulance provided by the police because they are concerned about payment of the hospital [...]
How to Avoid Being Dropped by Insurance Companies
Can My Insurance Company Drop Me? Here at Wittenstein & Wittenstein, rarely does a day go by without somebody asking us if their insurance company can drop them. People pay for insurance, but are afraid to use it for fear of being dropped. That’s why we thought it would [...]
5 Things You Need to Know About DUI in NYC
No one who is going out for a night out on the town expects to end up arrested and in the back of a police car. Unfortunately, that can happen when poor choices are made in regard to drinking and driving. Do you know what to expect with a [...]