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Understanding Attractive Nuisances and Children Injuries in Philly

Solomon, Sherman & Gabay Premises Liability

The last thing that you expect when you allow your children to play outside is that they will be injured due to the careless or negligent actions of a property owner. Unfortunately, injuries to children occur regularly in and around Philadelphia because property owners fail to take steps to secure their premises. As the summer weather heats up, children will be outdoors more often. Here, the Philadelphia premises liability attorneys at Solomon, Sherman & Gabay want to discuss attractive nuisance laws and how they can apply when a child is injured.

What are the attractive nuisance laws?

Children are attracted to things that adults know are hazardous. For example, a child may rush to use broken or rusty playground equipment on another person’s property. When a child sees a house under construction, it can be tempting to go wander around. A pool without a fence can be incredibly enticing. All of these situations, and more, pose significant hazards to children.

Attractive nuisance laws in Pennsylvania are designed to ensure that property owners take steps to secure their premises so that children cannot get injured. Property owners can be held liable if they have something on their property that could attract children and cause them harm.

There are a few questions that can be used to determine whether or not something should be considered an attractive nuisance:

  1. Is it reasonable to believe that something will entice a child to trespass on the property?
  2. Does the property owner understand (or should they understand) the risk that a hazard poses to children?
  3. Are children unable to understand the risks posed by the hazard because of their youth?
  4. Is the cost of eliminating the risk insignificant when compared to the risk involved?
  5. Did a property owner fail to exercise reasonable care to eliminate the risk?

If the answer to any of those questions in a child injury case concerning a possible attractive nuisance is “yes,” then the property owner or their insurance carrier may be liable for any injuries or wrongful death to the child.

Let us get to work on your case today

If your child has sustained an injury caused by the negligent or careless actions of a property owner, contact an attorney about your case immediately. At Solomon, Sherman & Gabay, we understand how emotionally draining this situation is for you, which is why we are going to handle every aspect of your case. Let our team investigate what happened so we can secure the compensation you need, including:

  • Coverage of your child’s medical expenses
  • Your lost income if you have to miss work to care for your child
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Possible punitive damages against hey grossly negligent property owner

When you need a Philadelphia premises liability attorney after your child has been injured, you can contact us for a free consultation of your case by clicking here or calling 215-665-1100.