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Attractive nuisance injuries can bring premises liability claim

On Behalf of | Apr 16, 2019 | Premises Liability

Although the attractive nuisance laws typically apply to homeowners, small business owners in New York might be held responsible if children suffer injuries on their properties. Many business owners make their premises fun places because children often influence their parents when it comes to choosing where to do business. If there are hazards that could be deemed attractive nuisances, business owners might find themselves facing premises liability lawsuits.

Many businesses establish play areas that could entice children to wander onto the property, and if these areas are left unsupervised, children might suffer injuries. However, this also applies to other hazards. Anything that a property owner fabricated or placed on the premises could qualify as an attractive nuisance. It is the business owner’s responsibility to do hazard assessments and address anything that could harm children of all ages.

These could include tunnels, wells, landscaping, fountains, stairs, paths and even tools, gasoline pumps, lawnmowers and other machinery. Property owners must install barriers or fences to prevent children from accessing dangerous areas. Those spaces that are established with the intention of entertaining children must be supervised or free of injury risks.

New York parents of a child who suffered injuries on a business property might have questions about the state’s attractive nuisance laws. An experienced personal injury attorney can answer questions and assess the circumstances of the incident to determine the viability of a premises liability lawsuit. A successful claim in a civil court can yield financial relief to cover economic and noneconomic damages.


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