Atlanta Child Injury Law Firm
for Injuries on Someone Else's Property

Atlanta Child Injury Law Firm for Trespass and Attractive Nuisances Accidents

Generally speaking, property owners owe no legal duty to people trespassing on their property. In other words, if you trespass on someone else’s property and are injured, you cannot sue the property owner for failing to fix the dangerous condition that caused your injury. 

Fortunately, there is an exception to the trespassing rule when applied to children if the property contains a hazardous feature that would be attractive to children. The following property features are likely to be considered an attractive nuisance: 

• Unattended ponds or swimming pools
• Deep pits
• Ladders or something that can be easily climbed
• Tall structures or raised structures
• Old machinery

You may be thinking that almost anything could be considered as potentially attractive to children. While this is true, our Atlanta child injury law firm can hold property owners liable for injuries when the following conditions are met: 

• The owner knew or had reason to know that children were likely to trespass on their property;
• The owner knew or had reason to know that the condition on the property presented an unreasonable risk of serious injury or death to children;
• Children would not know about or appreciate the risk present on the property;
• The burden of removing the danger was slight compared to the risk presented to children; and
• The owner failed to exercise reasonable care to address the danger or otherwise protect potential child trespassers.

Determining whether the property owner may be held liable is fairly difficult and will depend largely on the specific facts and circumstances surrounding your case.