The Attractive Nuisance Doctrine
Premises liability law is an area of tort law that permits a property’s guests to seek a civil action against a property owner if they are hurt as a consequence of his or her negligence. The attractive nuisance doctrine extends this notion to include the assertion that a property owner may be held legally liable for injuries that are sustained by children who are trespassing on a property due to the allure of a particular object or condition.
If your child has been hurt while trespassing, it may be appropriate to consider the merits of a potential legal action. A successful attractive nuisance lawsuit can help to gain the financial compensation that is necessary to address medical bills and other concerns associated with an accident. Contact the Charleston personal injury lawyers of the Steinberg Law Firm at 843-720-2800 for more information.
UNDERSTANDING ATTRACTIVE NUISANCE
Prior to engaging in a possibly contentious legal battle, it is important that you understand that not all injuries sustained by a trespassing minor may be compensable pursuant to the attractive nuisance doctrine. Property owners have been held liable for the presence of trampolines, swimming pools, lumber piles, and other hazardous
enticements. Some of the significant considerations that may be taken into account are the following:
- A property owner must have cause to reasonably expect that children might trespass due to the location
- A property owner should have reason to believe the an object or condition present is likely to cause serious injury or death
- Children lack the awareness, experience, and other skills necessary to fully appreciate the danger
- The property owner takes insufficient measures to prevent accidents from occurring
Personal Injury Lawyers Representing Charleston & nearby areas of South Carolina
South Carolina attractive nuisance cases can be quite complex. For a skilled and experienced legal representative, contact the Charleston personal injury lawyers of the Steinberg Law Firm today at 843-720-2800.
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Steinberg attorneys have been awarded numerous distinctions, such as Super Lawyers, Best Lawyers in America by U.S. News & World Report, Gedney M. Howe, Jr. Award for Outstanding Public Service, the SC Leadership in Law award, and has been voted Best Workers’ Comp Firm in SC, among other distinctions.
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