My Child Was Hurt on a Neighbor’s Property. What Are My Rights?

 Posted on December 03, 2021 in Personal Injury

Children are naturally curious. Unfortunately, this curiosity can sometimes lead to severe or even fatal injuries. If your child was hurt after wandering into a neighbor’s property, you may have questions about your legal rights. You may wonder if the neighbor is legally responsible for your child’s injuries. As with many legal questions, the answers to these questions vary based on the circumstances of the injury-causing accident. In some cases, parents can hold property owners liable for child injuries through a specific type of personal injury claim called a premises liability claim.

Attractive Nuisances and Illinois Law

Generally, property owners are only legally responsible for injuries suffered by guests to the property. Trespassers are not usually protected by Illinois premises liability laws. However, the rules are different when children are involved. “Attractive nuisances” are dangerous areas or objects that may injure a child.

Examples of dangers that may be considered attractive nuisances include:

• Swimming pools
• Hot tubs
• Fire pits
• Machinery or dangerous tools
• Wells
• Trampolines
• Tree houses
• Poisonous or toxic chemicals that are not properly stored
• Aggressive animals
• Other dangerous or defective conditions on the property

Property owners are expected to take precautionary measures to protect children from being injured by attractive nuisances. For example, a property owner may use fences, locks, and pool alarms to keep children away from danger or ensure power tools are locked up in a garage or shed when not in use.

If a child is harmed by an attractive nuisance, the property owner may be liable for damages.

Damages You and Your Child May Be Entitled To

Attractive nuisances can lead to preventable child injuries and tragically, even death. If your child was hurt or killed in an accident on someone else’s property, you may be able to seek justice and pursue financial damages through a personal injury claim. Medical expenses including ambulance fees and emergency room and hospital bills may be compensable. You may also be entitled to compensation for your time off work and other financial damages. Compensation for your child’s pain and suffering may also be available.

Premises liability cases including attractive nuisances can be quite complex. Knowing what constitutes an attractive nuisance and proving that a property owner is liable for damages is often challenging. This is why it is important to work with a skilled personal injury attorney who has experience handling cases involving child injuries.

Contact a Bensenville Child Injury Lawyer

If your child was hurt on a neighbor’s property, contact Kaiser Law to discuss your legal options. You may be able to hold the property owner responsible and recover monetary damages. Call our experienced Elmhurst personal injury attorneys today at 630-274-4400 for a free, no-obligation case assessment.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57