A homeowners insurance company may refuse to pay a claim if a child was injured on someone else’s property while trespassing. Although property owners are expected to keep the premises safe for anyone who happens to go there, the issue of trespassing may be problematic. One effective way an Accident Attorney in Annapolis can overcome this is if the child was intrigued by something he or she saw on the property or knew was there. In legal terms, this property feature is known as an attractive nuisance.
Points of Interest
Young children may feel compelled to venture onto a neighboring property even if they’ve been instructed not to. They’ve noticed something interesting over there, and the temptation to check it out is overwhelming. Anyone who has seen the movie To Kill a Mockingbird has watched the three youngsters trying hard to catch a glimpse of a reclusive neighbor. The same thing may happen when the point of interest is an animal, an unusual possession or a water feature.
An unsecured swimming pool or pond, a fascinating piece of machinery or a two-story playhouse may be particularly hazardous to trespassing children because they most likely will sneak in when nobody is home. They don’t want to get in trouble with the adults.
Homeowners are expected to have ponds and pools behind locked fences when nobody is supervising. Machinery should be put away when not in use, and a playhouse with a ladder should be fenced in. Attorneys with an organization such as Jaklitsch Law Group know which aspects of a property may qualify as attractive nuisances.
Laws and courts usually protect property owners from lawsuits by trespassers who were injured, but that changes when the trespassing person was too young to understand the risks. When the situation involves an intoxicated teenager who sneaks into a neighbor’s pool and nearly drowns, there probably is no valid personal injury case. When a four-year-old narrowly escapes drowning this way, an Accident Attorney in Annapolis can represent the family and make sure they are compensated for any medical treatment and hospitalization that was necessary.