Working With Legal Counsel

When The Neighborhood Is Not So Safe

30 September 2019 by Janet Myers

Locating a nice, safe neighborhood for you and your family to live is a high priority among most people. You will probably check out the crime maps and do some interviewing of neighbors before you move into a neighborhood just to make sure that everything is as safe as it appears. Unfortunately, hidden dangers lurk in the best of places. Read on to find out what your rights may be when your child gets hurt by the careless or negligent actions of neighbors.

Children Are Vulnerable

It's not just you that wants to protect your children—the law also views children as needing special care. Children are often more likely to be drawn to places and situations that present danger. Consider the magnetism of a sparkling blue swimming pool on a hot day for youngsters. That need to explore has resulted in many children falling victim to pools, caves, toxic substances, dangerous tools and vehicles, and more. While all parents try to impress upon their children the importance of being safe, time and time again you hear about children shutting themselves in car trunks or entering dangerous homemade tunnels.

Legally Responsible

People have a moral and legal obligation to protect children against danger. While there are municipal laws that address common hazards like backyard swimming pools, many hazards still exist. When a child is determined to get themselves in trouble, a fence may not be a deterrent. It's vital, however, that people do what they can to protect children. When it comes to civil laws, residents must be able to show that they took measures to lessen the potential for danger for an exploring child. Hazards that tend to draw a child in and harm them are known as attractive nuisances.

Taking Legal Action

When a child is harmed by an attractive nuisance, parents are entitled to take legal action on their child's behalf. For a suit to be valid, you should be prepared to show that the child was able to access a hazard too easily. Residents are duty-bound to prevent harm by taking steps to cut off access to a hazard. That might mean doing the following:

• Locking gates, garages, and cabinets where medication or dangerous chemical are kept
• Not leaving keys in vehicles, all-terrain vehicles, lawnmowers, golf carts, etc.
• Filling in tunnels and covering wells
• Keeping pets away from children

You may be entitled to not just medical expenses but also pain and suffering, loss of consortium, and punitive damages. Speak to a personal injury attorney about the harm done to your child today.

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