Injuries to Children on Property

Every parent wants to protect their child from harm, but sometimes a child is injured because another person failed to take measures to protect children on their property. Maryville slip and fall lawyer Mark C. Hartsoe has spent decades representing personal injury victims, including children who have been injured because of someone else’s negligence. If your child was hurt on another’s property, Mr. Hartsoe may be able to help you. Call us today for a free consultation.

Children are injured on a daily basis, but many of these injuries could be avoided if property owners took measures to protect children on their property. According to the Centers for Disease Control, more than 12,000 children under the age of 19 die each year from unintentional injuries. About 9.2 million are treated in emergency rooms for non-fatal injuries.

Most injuries in children can be prevented, particularly drownings and falls. Three children die every day from accidental drowning. It is the leading cause of injury death in children between the ages of one and four. Falls are the leading cause of non-fatal visits to the emergency room for children under age 19. Approximately 8,000 children are injured in falls each day.

In many cases, a child is injured while on someone else’s property. If a person invites a child onto their property, that person must protect the child from any dangerous condition on the property. Tennessee imposes this duty of care on any person that invites someone onto their property.

In some cases, a child may be on the property without permission. This does not absolve the property owner from taking steps to prevent injury to a child. In Tennessee, a property owner generally owes no duty of a care to a trespasser except to not cause intentional injury. This does not apply, however, to trespassers who are children.

Under what is called the “attractive nuisance” doctrine, a property owner can be held liable for injuries to children who trespass on their property if:

• An artificial condition on the property poses a threat to a child;
• A child is likely to trespass because of the condition or if they regularly play on the property;
• A child is unable to comprehend the risk; and
• The risk to a child outweighs the property owner’s burden of eliminating the danger.

A property owner who does not take measures to protect children from an attractive nuisance on their property can be held accountable for any injuries that result from their negligence.

If your child was hurt on someone else’s property, Tennessee law allows you to file a claim against the person responsible for their injuries. Because of a child’s age, their injuries can have long-term consequences and require years of care. You can help your child by seeking compensation for their injuries. You can potentially recover for the cost of their medical care, extended treatment, and pain and suffering.

If you lost a child as a result of someone else’s negligence, you can file a wrongful death suit against that person. You can seek damages for your child’s medical expenses, funeral costs, and any pain and suffering your child endured from the moment of the accident until their untimely death.

Maryville personal injury attorney Mark C. Hartsoe has handled premises liability cases for decades. Mr. Hartsoe will build your case, consult with experts, and provide the guidance you need to seek the compensation you and your child deserve. He will work to negotiate a settlement, and relentlessly represent you at trial if necessary. Call us today at 865-804-1011 or contact us online for a no-cost initial consultation.