Is a Recovery Possible if My Child Was Trespassing in New York

Recovering Damages for an Injury When Your Child was Trespassing in New York

Paul Hofmann
Specializes in personal injury, with emphasis on maritime, railroad and construction worker tort claims

You don’t condone what your child did. It was wrong for your child to go on to someone else’s property uninvited. However, the lure of the swimming pool, trampoline, or other equipment was simply too great for your child to avoid. Your child only wanted to have a little fun. He or she never expected to get hurt, but that is exactly what happened.

Now you have questions. Do you have any reason to contact a New York personal injury lawyer? Can your child recover damages for an injury that occurred while your child was technically trespassing?

A Recovery May Be Possible

Different laws may apply to children trespassers than adult trespassers. Generally, a child’s recovery may be protected if a property owner knew, or should have known that:

  • There was a potentially dangerous condition on his or her property that would attract children.
  • Children may be in the area.
  • Children may be attracted to the dangerous condition.
  • Children may be unable to appreciate the risk presented.
  • The cost of fixing the risk is less than the potential accident risk.

In other words, property owners have a higher duty to trespassers who are children and cannot independently assess the risks of danger than to adults who should know better.

Contact a New York Personal Injury Attorney for Help

If you child has been hurt on someone else’s property than a recovery may be possible and may include compensation for past and future medical expenses, rehabilitation costs, out-of-pocket costs, pain, suffering and other expenses.

For more information about how to help your child get the recovery that he or she deserves, please contact an experienced New York slip and fall lawyer today at 1-800-362-9329. We look forward to meeting with you and helping your child, and your family, recover from this accident.