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Has Your Child Been Injured on Someone Else’s Property?

When it comes to South Carolina premises liability law, property owners do not have a duty to protect a trespasser from potential hazards on the premises. However, if the trespasser is a child and he/she suffers an injury on the property because of an “attractive nuisance,” the property owner can be held liable for the accident.

If your child has been injured on someone else’s property in Columbia or Lexington due to an attractive nuisance, do not hesitate to let the Law Office of James R. Snell, Jr., LLC help you recover financial compensation. Our legal team can investigate the incident, gather and examine evidence, and maximize your entitled award or settlement.

Call (803) 359-3301 or complete our online contact form today to request a free case review.

Attractive Nuisance Law in South Carolina

Since children cannot recognize dangers and risks like adults do, a legal doctrine of attractive nuisance was developed to protect child trespassers. An attractive nuisance is essentially an object that draws the attention of curious children, who are unable to completely understand the nature of the dangerous condition.

Common examples of attractive nuisances include:

• Playground equipment
• Swimming pools
• Tree houses
• Trampolines
• Wells
• Paths
• Stairs
• Ladders
• Scaffolding
• Landscaping
• Artificial ponds and lakes
• Fountains
• Dangerous animals
• Farm equipment
• Abandoned motor vehicles
• Discarded appliances

Additionally, construction and railroad companies can be held liable for injuring a child trespasser if they fail to lock or properly guard the premises.

The following are several elements an injured party (plaintiff) must prove in court to succeed in an attractive nuisance case in South Carolina:

• The property owner (defendant) must reasonably expect that children might trespass on the property
• The property owner must be aware that a condition or object present is likely to cause serious injury or death
• The property owner failed to take sufficient precautions to prevent access or injury
• The child did not fully understand the danger on the premises
• The child suffered a serious or fatal injury

Keep in mind, the child must be young enough to be unaware of the risks on the premises, generally under the age of 10 or younger, depending on the circumstances of the case.

The statute of limitations for premises liability claims in South Carolina is three years from the date of the accident. However, a child can file a lawsuit when he/she reaches 19 years of age.

Ready to Fight for Your Family!

Although no amount of money can make up for the physical and emotional pain your child is suffering because of the property owner’s negligence, your award or settlement can take care of the medical expenses and other losses. Our firm is ready to protect your child’s rights and best interests throughout each step of the legal process and help him/her obtain the compensation necessary to make the best possible recovery from injury.

Contact us today at (803) 359-3301 to speak with our Columbia attractive nuisance lawyer.