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Children Injured on Property

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

The most valuable part of a parent’s life is their children. Parents live for their children and want only the best for them; that is why it can be devastating to see that your child was injured on someone else’s property and it could have been prevented. Premises liability laws say that if an injury occurs on someone else’s property, they can be held legally liable in a lawsuit. There is a duty owed to people that are on your property to keep them safe, and that duty is heightened when it involves a child. They are more likely to get hurt and need to be carefully watched and cared for. When your child is injured on someone else’s property, whether it be the property of an individual or a business, you may consider filing a premises liability lawsuit.

The Attractive Nuisance doctrine changed the general rule in Illinois that specified that the owner of the property owed no duty to trespassers if they get hurt there. This doctrine gave children extra protections, since they may not know better than trespassing. Otherwise, if the child trespasses and gets hurt, the owner of property could be held liable for negligence if it is shown that the owner knew the child was there, the structure was defective and likely to cause damage because the child did not know any better, as well as the cost to remedy the danger being low. If all of these apply, then the property owner can be sued for negligence in a premises liability lawsuit.

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