Close Menu X

How Can We Help?

When Trespassers Get Hurt

In some states, the doctrine of "attractive nuisance" applies to personal injury cases involving trespassing children. The doctrine is premised on the fact that children are unable to appreciate hazards, and can actually be attracted to dangerous conditions. These attractive but dangerous scenarios include swimming pools, large holes in the ground, dangerous objects to play on or in, among many others.

If a property owner did not take reasonable care in protecting children from specific hazards, they can be liable under the attractive nuisance doctrine. If, though, the condition was "within the ordinary course of business," and the property owner took certain precautions to ensure general safety, the doctrine will not be applied by the courts.

In New York, though, courts will only hold property owners liable if the injuries a trespasser sustains are caused by "willful and wanton" action on the part of the landowner. New York focuses more on protecting victims of personal injury based on a property owner's negligence in maintaining or addressing dangerous conditions on their property. Age of the victim and the attractive nuisance doctrine do not usually come into play when determining the property owner's liability.

If you have suffered from injuries as a result of someone else's negligence or recklessness, contact a personal injury attorney who can best advise you of your legal remedies and will fight to get you the compensation you deserve. Call Sakkas, Cahn & Weiss, LLP at (212) 571-7171.

No Comments

Leave a comment
Comment Information

Our Awards and Accolades

    • The Best Lawyers in America
    • The National Trail Lawyers | Top 100 | Trail Lawyers
    • Newsweek Leaders In Showcase Personal Injury | 2011
    • Lawyers of Distinction | 2018
    • 2014 | Litigator Awards | Ranked Top 1% of Lawyers
    • Nation's Premier | NAOPIA | Top Ten Attorney | Personal Injury
    • American Law Society | Official Home of America's Top Lawyers
    • Best Lawyers | Best Law Firms | U.S.News & News Report | Rankings
    • New York Law Journal | 2015 Verdicts & Settlements | Hall of Fame | Motor Vehicle | Sakkas, Cahn & Weiss, LLP | Top 20 Verdict
    • Million Dollar Advocates Forum
    • Verdict Search's | Top NY Verdicts
    • Certified
    • National Association of Distinguished Counsel | Nation's Top One Percent | NADC
    • 2016 | Litigation Elite - Top 100 Trail Lawyers
    • Martindale-Hubbell | Distinguished | Peer Rated for High Professional Achievement | 2017
    • Who's who Legal | WWL
    • The National Advocates | Top 100 Lawyers
    • America's Top 100 Attorneys | Top 100
    • The National Trial Lawyers | Top 100 Trail Lawyers
    • Super Lawyers
    • Best Law Firms of America | LifeTime Member
    • Avvo | 10.0 | Superb | Top Attorney Personal Injury
Email Our Attorneys

Have Questions? Get A Free Case Review

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy