Landlords and property owners in New York have the responsibility to keep their properties clean and in proper working order to prevent accidents and injuries from occurring. This includes keeping a property free from attractive nuisances that may cause injury to curious children.
Children are naturally inquisitive. This curiosity often draws them to situations that could pose a danger. The law gives special protections for children who may become injured while playing in or around a dangerous object left out by a property owner. These items are known as an attractive nuisance. Children are protected under attractive nuisance laws because they often don’t understand how they can become injured.
If a child becomes injured on a property or item they were drawn to because it was considered an attractive nuisance, the property owner might be considered liable. Legal issues could arise if the owner was negligent in keeping children out of the property or if they didn’t take care of an object on the property that may be considered hazardous. Under premises liability, the parents of the child may choose to file a civil suit against the property owner if this owner was negligent in caring for their property.
Attractive nuisances may take on many forms. For example, a trash chute in a New York City apartment may be tempting for a child to play in or around. Issues could arise if the property owner placed the chute at a level that could easily be reached by a child or it didn’t have a proper lock. A child’s parent may be able to obtain medical and compensatory damages for their child’s care by filing a civil suit against the property owner. If a lawyer can show that the owner was at fault, the parents may be awarded damages under attractive nuisance laws.