Children on Property

If your child has been injured on someone else’s property, you may be able to seek compensation for his or her harm. We understand that there are few things more stressful than your child being hurt, and we handle each case with tenacity and care. At Miller Legal Services, our experienced premises liability lawyers can work diligently with individuals in the Marietta area and elsewhere in Georgia to assess your case and explore your options.

Premises liability law involves claims by people who have been hurt on the property of others. Recognizing that children are drawn to certain man-made dangers, such as playgrounds and swimming pools, courts have created the doctrine of attractive nuisance in an attempt to encourage property owners to protect them. Under this principle, a property owner is potentially responsible for harm caused to a trespassing child if the injuries were caused by a hazardous man-made instrumentality that would attract children. The rationale is that the property owners should be able to anticipate that children would enter the premises to try and access certain features on them.

Under the attractive nuisance doctrine, a property owner may be liable for injuries to children if the following five conditions are present:

• The landowner or possessor knows or should know that it is likely children will trespass on the land;
• The landowner or possessor knows or should know of a danger that is likely to cause injury or death to trespassing children;
• Trespassing children would be unable to appreciate the danger, due to their youth and maturity level;
• The burden of correcting the danger is minor compared to the risk of serious injury; and
• The landowner or possessor fails to use reasonable care to fix the hazardous condition.

The family of an injured child may be able to seek substantial economic and non-economic damages if they can show that the property owner’s negligence directly caused the accident in which their child was hurt. Common forms of compensation include pain and suffering, lost future earning capacity, medical expenses, the costs of future treatment, and emotional distress.

Under Georgia law, an individual has a limited time frame for filing a premises liability claim, known as the statute of limitations. This rule places a time limit on seeking legal remedies if you have been the victim of someone else’s wrongful or negligent conduct. Once this time frame expires, an injured person generally will no longer be able to take legal action against the at-fault party, although there are some exceptions. It is important to consult an attorney who will be vigilant about timelines in your case.

At Miller Legal Services, our slip and fall attorneys have helped families from Marietta and the surrounding communities pursue justice and compensation through premises liability claims. Our team can answer any questions you may have about your rights and options. We also represent accident victims from Roswell, Smyrna, and other areas of Georgia. To arrange a free consultation, call us at 770-284-3727 or contact us online.