RI Injuries To Child Attorney: Child’s Injuries On Private Property

In some cases, you can hire a RI injuries to child attorney to help you get compensation for injuries inflicted on a child trespasser by the property owner.

RI injuries to child attorneyA child is entitled to legal protection if they suffer injuries on someone else’s property regardless of whether the child was considered a trespasser or not. Let’s take a look at some of the common principles of premises liability. We shall also look at the “the attractive nuisance” principle and how it works.

RI Injuries To Child Attorney

General Liability For Property Dangers

Premises liability is the primary legal principle that holds lessees, occupiers and owners of property liable for injuries suffered on their property. Most of these cases are determined by analyzing whether or not the owner of the property was negligent or not. Negligence is referred to as a legal concept that holds people liable for any unintentional harm they cause to others. In order to prove negligence, you must show that the lessee, occupier or owner of the property did not take the necessary precautions to ensure that the property was safe as would be required in an ordinary situation.

Historically, in order to determine whether or not the property owner would be held liable for injuries sustained on that property largely relied on the status of the person entering the property. Most states have rejected this notion and instead use principles of ordinary negligence.

Liability For Injury Sustained By A Trespassing Child

A trespasser by law is someone who enters a piece of property or land unlawfully. In the past, property owners owed no duty of care to a trespasser except to refrain from willfully harming the trespasser. In short, unless the property owner had intentions of maliciously harming the child, they cannot be held legally responsible for any injuries that the child sustains.

Property Danger To A Child And The Attractive Nuisance Law.

Children do not always grasp the concept of trespassing which is why during the late 1870s, a number of courts were not comfortable with the harsh rule that barred recovery for a child who was injured while trespassing.

The courts eventually added an exception to the rule known as “attractive nuisance principle”. This principle required property owners to exercise reasonable care to a trespassing child. What you need to prove varies from one state to another but in general you must prove:

  1. That the property owner did no reasonably maintain safe conditions and care for their property.
  2. That the child would be unable to appreciate or uncover the risk that the dangerous condition possessed.
  3. That the cost of eliminating or maintaining the condition is less than the potential risk it might pose to a child.
  4. The property owner knew that there was an unreasonably dangerous condition on their property that would cause serious bodily harm
  5. The property owner knew that children were likely to trespass on their property.

Courts will generally look at the age of the child to determine whether or not they are able to appreciate the risk of harm and whether the property owner took the necessary precautions to ensure they acted reasonably to maintain the property. For instance, putting up a DANGER sign may be sufficient enough to warn a teenager but it’s not enough to warn a toddler. Other examples of attractive nuisances include tree houses, unsecured heavy machinery, construction sites and unprotected pools.

Liability Based On Ordinary Negligence

Many jurisdictions use the reasonable person standard for all people entering a property whether or not they are children. The property owner has a duty to warn off latent and known dangers which the child could not discover on their own. This duty extends to the dangers which the owner of the property should have known about should they have exercised reasonable care.

Hiring A RI Injuries To Child Attorney

If you child has suffered injuries while on someone else’s property, you should hire a RI injuries to child attorney to ensure that the property owner is held liable for the damages. Since such cases can be very difficult and not as straightforward as many people would like, it is recommended that you hire an attorney who has experience in injuries to child cases.

Our attorneys have years of experience handling such cases. We will take into account all the evidence and circumstances under which your child got injured. Contact us today at 401-751-0101 for a free initial consultation.

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