Children like exploring, yet they frequently have no awareness of the risks around them. The attractive nuisance doctrine in New Jersey holds the property owners responsible to safeguard children from risk and dangers, because young children may not completely appreciate the risks associated with hazards on a property.
We offer further insight into the doctrine in New Jersey in the following article, but we urge you to seek out legal help if your child has been injured on someone's property.
Brandon J. Broderick has worked on cases related to these circumstances and is here to help. Our personal injury attorneys will fight to protect your right to compensation.
Defining NJ's Attractive Nuisance Doctrine
Anything on a property that can attract kids and endanger them qualifies as an attractive nuisance. This could be, but not limited to, the following:
- trampolines
- abandoned vehicles
- swimming pools
- construction equipment and supplies
Property owners are required to restrict access to these items under the attractive nuisance doctrine in order to prevent harm to children.
How To Prove a Attractive Nuisance Claim
There are a few factors for an attractive nuisance claim to succeed in New Jersey. The victim of the accident must show that the property owner knew about or should have anticipated that minors may access the property. The claimant must prove that the property owner knew the situation was dangerous to kids who, due to their age and maturity, would not fully understand the hazards. Finally, the potential risk to children should not be much greater than the cost of fixing the condition.
Property Owners' Obligations
According to the attractive nuisance doctrine, property owners are required to regularly inspect their properties for any hazards that might appeal to youngsters. If they discover any issues, they must take action to either eliminate the risk or prevent kids from entering the risky area. Actions could include building barriers, closing doors, or getting rid of the annoyance completely.
According to New Jersey's appealing nuisance doctrine, property owners are responsible for securing the property so minors are safe from dangers on their grounds. The doctrine's ultimate goal is to safeguard all youngsters, who might not completely understand the hazards on a property.
Hire a Premise Liability Attorney If Your Child Has Been Hurt
If your child has been injured on someone else's property, you should immediately consult with a premise liability attorney or personal injury attorney who has experience handling your specific type of case.
Brandon J. Broderick, Attorney at Law has decades of experience in personal injury cases of all types. Our team of attorneys can help you navigate the sometimes complex legal process.
Call us today to discuss your case and let us help you make sense of this difficult situation.