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Injuries to Children and Attractive Nuisance Accident Lawyer in Nevada

attractive nuisance in Nevada
Although most of Nevada’s more famous attractions are designed for adults, there are a number of attractions and activities that are great for the kids. Just as adults may find themselves injured on the property of another, so too can children be seriously injured by unsafe conditions on another’s property. Recognizing that children do not have the same reasoning skills as adults and thus arenot able to avoid some dangerous situations that adults may be able to steer clear of, the law imposes special duties and obligations on property owners when it comes to children.

At Ladah Law Firm, PLLC, our Las Vegas premises liability attorneys are aggressive, results-focused advocates for injured victims and their families. We know how to hold negligent businesses and property owners liable for safety hazards that harm young children. If your child was injured by an attractive nuisance, we are more than ready to help. To set up a free, no-commitment consultation with a top-rated Nevada personal injury lawyer, please call our Las Vegas law office at 702-252-0055 or reach out to us directly online.
 

What is an “Attractive Nuisance”?

Property owners have a heightened legal responsibility to protect children—even if the child was not “supposed” to be on the premises. These types of cases fall under the attractive nuisance doctrine. As defined by the Cornell Legal Information Institute, an attractive nuisance is anything on a person’s property (whether public or private property) that might entice a child to come onto the property. Attractive nuisances can come in a wide variety of different forms. Some notable examples include:

  • Amusement park rides;
  • Trampolines;
  • Tree houses;
  • Animals;
  • Pools;
  • Ponds;
  • Machinery and heavy equipment; and
  • Anything else likely to get the attention of a young child.

If a child is drawn onto the property of another because of an attractive nuisance and is subsequently injured, that child’s family can recover compensation for the child’s injury. If something like this has happened to your child, you should seek an attorney with experience in these types of cases for a free consultation. A Nevada premises liability lawyer will explain your legal rights, legal options, and help your family take action to get justice.

Nevada Law: Understanding the Attractive Nuisance Doctrine

Businesses and property owners have a legal responsibility to keep their premises in safe condition for invited guests. In contrast, trespassers are often not protected by the law. They may be prohibited from bringing an injury claim. However, the rules are different for cases involving children. Our state’s attractive nuisance doctrine provides a path to recovery for children—even if they did not have authorization to be on the premises.

Under Nevada law (Nevada Revised Statute § 41.515(c)), a business or property owner can be held legally liable for a “trespasser’s” injuries if the victim is a child, they were harmed by an artificial condition on the property, and the following five conditions are met:

  • The property owner knew or should have known that a child trespasser was reasonably likely;
  • The property owner knew or should have known that the property hazard creates an unreasonable risk to a child;
  • The trespassing child (due to age) could not have fully understood the risk;
  • The property owner could have eliminated or reduced the risk at relatively little expense; and
  • The property owner failed to exercise reasonable care by not removing the safety hazard.

Attractive nuisance claims are notoriously complex. There are often disputes over what and what is not an attractive nuisance. Las Vegas parents should understand that you can file an attractive nuisance lawsuit even if your child was technically trespassing. Indeed, the purpose of Nevada’s attractive nuisance doctrine is to provide additional legal protection to vulnerable children. The bottom line is that liability falls on the property owner when an attractive nuisance causes harm to a child.

What Does a Plaintiff Need to Show to Win a Case?

A typical premises liability case involves a plaintiff showing he or she was lawfully present on the property of another and while there he or she suffered an injury from a hazard that the property owner knew or should have known of and did not correct or warn the plaintiff of. But an attractive nuisance case has important differences. Here are three key things that parents need to know about attractive nuisance lawsuits in Nevada:

Trespassing is Not a Viable Legal Defense: Most importantly, it does not matter if the child is trespassing on the property owner’s land. Even if the child was not invited onto the property but trespassed on the property to investigate the attractive nuisance, his or her parents can recover damages for the child’s injuries. Unlike most other premises liability claims, trespassing is simply not valid defense in an attractive nuisance lawsuit.
Parents and Guardians Can File on Behalf of Children: Whereas a typical premises liability case is brought directly by the injured person him- or herself (so long as he or she is 18 years of age), a child who is injured must have his or her injury suit prosecuted by a parent, legal guardian, or other adult over the age of 18. Our Las Vegas, NV premises liability attorneys can help you and your family find the best path forward.
Property Owners Owe a Heightened Duty of Care to Children: In an attractive nuisance case, the property owner will be found liable if the court determines there was a dangerous condition on his or her property and the owner knew or should have known about it and failed to take action to protect children from the danger. Courts tend to give deference to the tendencies of children and require property owners to take more protective actions when children are involved as opposed to adults. A safety hazard that may not have been unreasonably dangerous for adults may be deemed negligent in a case involving a child. Children are vulnerable and businesses/property owners must take their welfare into account.

What Compensation is Available in an Attractive Nuisance Lawsuit?

In Nevada, injured victims are entitled to financial compensation for economic and non-economic losses. Your family needs access to the maximum available financial compensation. Children can suffer injuries that are as severe, if not more severe, than adults. Depending on the injury, the monetary losses a family experiences as a result of an injured child can be staggering. Unfortunately, defendants and insurance companies fight hard to pay out as little as they possibly can—even when children are injured. We are here to help victims level the playing field. Let Ladah Law Firm, PLLC can put their experience to work on behalf of your child and get your family the compensation you deserve. You may be entitled to recover financial compensation for:

  • Ambulance fees or emergency room care;
  • Your child’s medical bills and expenses;
  • Rehabilitative therapies and psychological counseling;
  • A child’s loss of long-term earning potential’
  • Your child’s pain and suffering;
  • Long-term physical impairments or scarring; and
  • Wrongful death of a child.

With more than $150 million recovered on behalf of injured victims, our Las Vegas personal liability attorneys measure our success by our client’s compensation today and the quality of their life tomorrow. We know that for parents nothing comes before the health and well-being of their children. All costs must be considered and accounted for, including future medical care. Our premises liability lawyers will help your family get justice and the maximum available financial support.

Ladah Law Firm, PLLC – Your Nevada Attractive Nuisance Accident Lawyer

At Ladah Law Firm, PLLC, our Las Vegas premises liability attorneys have the skills, knowledge, and legal experience to handle complex attractive nuisance claims. If your child was injured due to an attractive nuisance, we are ready to fight for justice for your family. Do not assume that you are prevented from bringing a lawsuit. Call us today for a free consultation: 702-252-0055. From our Vegas law office, we represent plaintiffs in Clark County and throughout Nevada.

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