Georgia Child Premises Liability and Attractive Nuisance Law
When your child ventures onto another person’s property with permission, they typically assume the legal status of an “invitee” under Georgia law. As an invitee, the premises owner is entrusted with a duty to ensure the safety and well-being of those on their property, including protecting them against foreseeable harm. This duty entails a responsibility to exercise reasonable care in identifying and addressing any potentially dangerous conditions that may exist on the premises. If an owner can reasonably anticipate the presence of such hazards, they are obligated to take appropriate measures to mitigate the risk of injury to invitees. Failure to fulfill this duty of care can render the owner negligent, thereby potentially exposing them to liability for any injuries sustained by your child as a result of the hazardous condition. It is essential for property owners to remain vigilant and proactive in maintaining a safe environment for all invitees who enter their premises.
Attractive Nuisance Liability
Even if the child was trespassing on the property, the legal principle known as the “attractive nuisance” doctrine holds that an owner can still be held liable for injuries sustained by the child. This doctrine recognizes that certain conditions or features on a property may inherently attract children despite their trespassing status. These conditions are often referred to as “attractive nuisances.” The rationale behind the doctrine is grounded in the understanding that young children may lack the maturity and judgment to recognize and appreciate the risks associated with these enticing features. Some dangerous conditions that pose foreseeable harm to young children include:
- Swimming pools
- Low/reachable objects that are hot, sharp or electrically charged
- Chemicals/bleach
- Hidden dangers
- Open gates/doors to busy streets or dangerous work areas
- Open windows/balconies
- Accessible industrial equipment or medicine containers
- Pinch points
Property owners have a duty to take reasonable precautions to safeguard against foreseeable harm, even if the child is technically trespassing. This duty may include implementing safety measures such as fencing, locking gates, posting warning signs or otherwise restricting access to dangerous areas. Failure to fulfill this duty of care can result in the property owner being held legally responsible for any injuries sustained by a trespassing child on their premises.
Accomplished Georgia Premises Liability Law Firm
If your child has suffered injury or tragically lost their life while on the property of another individual, you may potentially have grounds for a premises liability or attractive nuisance case. These legal avenues enable you to seek justice and compensation for the harm inflicted upon your child due to the negligence or recklessness of the property owner. At Burnside Law Firm LLP, our dedicated team of attorneys specializes in providing effective and knowledgeable legal guidance in premises liability cases involving children and families across Georgia. We understand the profound emotional and financial toll that such incidents can exact upon families, and we are committed to advocating tirelessly on behalf of our clients to ensure they receive the justice and support they deserve.
To explore your legal options and receive personalized advice tailored to your specific situation, we encourage you to contact one of our experienced Augusta premises liability or falling merchandise injury attorneys for a free initial consultation. During this confidential meeting, we will listen attentively to your concerns, assess the circumstances surrounding your child’s injury or loss, and provide you with clear and comprehensive information about your rights and legal remedies. You can trust our compassionate and skilled legal team to guide you through the complexities of your child injury case, fighting steadfastly to secure a favorable outcome on your behalf. Don’t hesitate to call us today to take the first step toward seeking justice and accountability for your child’s injuries.
Protection for Children
Under Georgia case law, it is firmly established that individuals who own or have control over property are entrusted with a particular duty concerning children, owing to the recognized understanding that children lack the capacity to foresee and avoid potential dangers to the same extent as adults. Consequently, property owners are obligated to take reasonable and prudent measures to ensure that their premises are maintained in a safe condition and are devoid of hazards that could threaten children’s well-being. This duty of care extends to various aspects of property maintenance and management, including but not limited to ensuring that potentially dangerous areas are adequately secured or inaccessible to children, promptly addressing any known hazards or defects on the property, and implementing appropriate safety measures to prevent accidents or injuries.
In a recent premises liability case, a 3-year-old child was playing in a gym during his brother’s basketball game. One of the metal bleachers was missing a protective covering on the end, leaving an exposed jagged edge about head height. The bleacher struck the child, slicing his forehead. The injury required numerous stitches and caused residual keloid scarring. In this case, the owner knew of the condition and failed to exercise reasonable care to keep the premises safe and protect against foreseeable injuries. He should be responsible for the pain and suffering experienced by the young child, his present and future medical expenses, and the permanent disfigurement caused by the scarring.
Contact Us for a Skilled Georgia Premises Liability Attorney
Obtain the assistance of an experienced Georgia premises liability lawyer. At Burnside Law Firm, we help children and their families throughout Georgia get full compensation for injuries sustained in an unsafe premises case. To learn more about your options, contact us to schedule a free initial consultation.
To help us better understand your child’s injury issue, please fill out our intake form.
