What happens if your child trespasses and gets injured?

On Behalf of | Nov 15, 2024 | Premises Liability

If your child trespasses and gets injured on someone else’s property, it is important to understand the potential legal implications. Generally, property owners are not liable for injuries sustained by trespassers. However, the situation can be different when the trespasser is a child.

Here are some questions you may want to ask in case this happens to your child.

What is the attractive nuisance doctrine?

Like many states, New Mexico follows an attractive nuisance doctrine. In tort cases, an attractive nuisance is a dangerous condition that may attract children to the property. Some examples include:

  • Unfenced swimming pools
  • Poorly maintained playground equipment
  • Trampolines without proper safety nets
  • Construction sites
  • Unsecured wells or cisterns

If there is an attractive nuisance, the doctrine imposes that the owner must take ordinary care in securing that condition or providing warnings to visitors. For example, they must fence in pools or post warnings about open wells.

Who is liable for injuries of children who trespass?

As a parent, you may be able to sue a property owner under the attractive nuisance doctrine to recover compensation for your child’s injuries and other damages. However, you must prove the lack of precautions taken by the property owner and the direct link between the injury and the attractive nuisance.

For example, say your child wanders into a neighbor’s property and sustains injuries from an unfenced swimming pool. You could potentially sue the neighbor by arguing that the pool is an attractive nuisance that drew your child in, and the lack of a proper fence or warning signs represents a failure to take necessary precautions to prevent such accidents.

Children are extremely curious, and you can’t always be around to keep them safe. If something happens to your child on someone else’s property, legal guidance may be necessary to hold the owner accountable for their negligence.

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Nathan A. Cobb