In limited circumstances, the owner of a vacant property can be held responsible for injuries to children trespassing on the premises. Generally, courts treat a trespassing child the same way adults are treated, and vacant property owners are not legally obligated to keep the property safe for use by trespassers. Property owners are not likely to be held liable for a child’s injuries, unless the injury came about because of public nuisance conditions or willful misconduct.
Willful Misconduct
Willful misconduct occurs when a property owner intentionally creates a condition that is likely to result in injury. For instance, if an owner sets up a booby trap to deter trespassers, it is willful misconduct. Other examples vary depending on case circumstances and facts; consult your Personal Injury Attorney for additional details.
Public Nuisance
A public nuisance occurs when conditions on the property interfere with the public’s safety and health. For instance, a vacant building may be considered a nuisance if it has a worn foundation on the verge of collapse. Therefore, a trespassing child injured by the building’s collapse may be able to win a personal injury case against the property owner.
In some instances, a vacant property is considered an attractive nuisance. An ‘attractive nuisance’ contains conditions that attract a child’s attention, at an age where the child does not understand the risks. In those cases, the property owner can be held liable.
Some States Have Laws Making Property Owners Liable
Many states have attractive and public nuisance laws that require owners of vacant properties to follow certain rules. In some instances, a property owner’s nuisance law violation makes them liable for any injury occurring to a trespassing child, and building code violations may also make the property owner liable.
How a Personal Injury Lawyer Can Help
If your child was hurt while trespassing on a piece of vacant property, you should call a any to learn about the various legal remedies available to you. An attorney can tell you about your state’s child trespass laws, and they can help you determine whether the property’s conditions constituted a public nuisance or willful misconduct. Ok
