What Is an Attractive Nuisance Under Indiana State Law?
The attractive nuisance doctrine is a law that holds property owners accountable for injuries inflicted upon children if a dangerous object or hazardous land condition attracts the child to the property in the first place.
While this law does not extend to those who are able to understand the risks of such objects, children under a certain age and maturity level may not have this appreciation and will be put in harm’s way due to an attractive nuisance.
If your child has suffered an injury on someone else’s property because of an attractive nuisance, get in touch with a qualified Indiana injury attorney who can help you hold the property owner accountable for your child’s injuries.
Examples of Attractive Nuisances
Many different objects have the potential to draw a child onto a property. Some of the most frequently seen attractive nuisances that have caused serious injuries in Indiana include the following:
- Equipment at construction sites
- Swimming pools
- Electrical towers
- Skateboard ramps
- Artificial lakes and ponds
- Large equipment
Property owners will be held liable for the injuries or potential deaths caused by attractive nuisances if they had reason to believe or should have known that children might trespass on their property, when children are not able to understand the risks of the object, and when the property owners failed to take steps to prevent children from being able to access the object or condition in question.
If the landowner had installed fencing around the property, locked up or removed equipment, or taken some sort of measure to ensure the safety of any child who might’ve been drawn to the hazard, the injuries or death could have been prevented. This is why the property owner will be expected to compensate your family for your child’s injuries.
Obtain Compensation for Your Injured Child
When your child has suffered an injury caused by an attractive nuisance, you can file a civil lawsuit against the property owner to recover your damages. These damages might include your child’s pain and suffering or emotional distress, the loss of enjoyment of life, the loss of consortium, medical expenses, funeral and burial costs (where applicable), and a variety of other losses.
You and your attorney will discuss all of the ways in which your child and family have been affected by the injuries your child sustained to ensure that you recover maximum compensation. It will be critical to the success of your case that we consider the expected future impact of your child’s injuries when we are calculating the value of your claim.
Schedule Your Free Consultation
If you need help pursuing compensation after your child has been injured due to an attractive nuisance on the property of a negligent landowner, contact an experienced personal injury lawyer at Kooi Law as soon as possible.
Your attorney will do what it takes to secure the funds your family needs to begin to move forward with your lives. You can schedule your free case review by completing the contact form below or calling our office at 317-569-1335.