Young children are curious about the world around them and love to explore their environment. They may not fully comprehend the dangers that can be present in many places, however, and can be injured. Property owners need to be aware of features on their property that may attract children, and take steps to secure them. If they do not, they may be liable for the injuries of children on their property, even if the children were trespassing.
Under Hawaii law, it is possible that property owners may be held liable for injuries through the attractive nuisance doctrine. These laws hold property owners accountable for the injury or death of a minor, provided that several conditions can be proven:
- The property owner should have known the condition would attract children
- The property owner created the condition or allowed it to persist without taking steps to amend the issue
- The property owner knew the hazard could cause harm to children
- The hazardous condition occurred on a property in Hawaii
Attractive nuisances may include pools, trampolines, construction sites, or abandoned cars or buildings. These features can be dangerous to children, and property owners should take steps to secure them or otherwise eliminate the danger. Because children cannot understand the consequences of these hazards, it falls to property owners to protect children and reduce the danger of attractive features on their property.
What Can I Do if My Child is Injured?
Whether your child was trespassing or invited to the property, they should be safe from injury. When your child is invited onto a property, you can expect that reasonable care is taken to prevent injury. If the property owner is negligent, however, you may be able to recover damages for your child’s injury. If your child was injured by an attractive nuisance, you also may be able to receive compensation. You will be required to prove that the property owner was negligent, which can be difficult. An experienced premises liability attorney can help you investigate the cause of your child’s accident, and help you prove liability.
Your child’s safety is first and foremost, but if they are injured due to a negligent property owner, the Hawaii premises liability lawyers at Leavitt, Yamane & Soldner can help. Our team is compassionate and offered driven legal representation to ensure that your family receives the compensation you all deserve for your child’s injury. Contact our office today for a free case evaluation and get started with your claim.