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Was Your Child Injured In An Accident?

The joy of having a small child, playing with them, and creating memories cannot be described in words. Your child is one of the most important people in the world to you, and you want to do everything in your power to keep them protected at all times. However, no child has ever had a childhood where they have not got injured at least once or twice. 

If your child has been injured in an accident caused by someone else’s negligence, you deserve compensation. It is never pleasant to see your child in pain. Your child is entitled to monetary compensation for their medical treatment and pain and suffering. Speak to a personal injury lawyer to begin working on your case. 

What if your child was trespassing on a property? Can you still bring a personal injury claim?

Children are notorious. It is common for them to ignore signs (some cannot even read them) and trespass on people’s property. 

According to the law in Arizona, a trespasser is someone who has not been actually invited onto someone’s property. Generally, property owners are only liable for the injuries of trespassers if they show a blatant disregard for safety. For example, setting booby traps in their lawn to catch trespassers and discourage them from entering again. This is deliberately causing them harm, which is illegal. 

However, there is an exception for children, called the “attractive nuisance” doctrine. 

What is the “attractive nuisance” doctrine?

In Arizona, the law recognizes that children are immature and are likely to trespass on other people’s property, even when there are clear signs of danger. Children are more likely to trespass when there are attractive nuisances, such as swimming pools, animals, wells, tunnels, etc. These may appear attractive to children who want to explore the property. 

According to the law, if something on the property might appear attractive to children and stimulate their curiosity resulting in trespassing, then the owner has the duty to make their property safe or eliminate it. If the property owner fails to do so, they are liable for the child’s injuries. 

Key points to know if you are a parent of an injured child 

If your child was injured and you wish to bring a personal injury claim, here are some key points to keep in mind. 

  • You can bring a claim on behalf of your child with the help of an attorney. 
  • Obligations are heightened when young children are involved. 
  • You must consider your child’s long-term needs during the legal process. 
  • In Arizona, personal injury settlements brought on behalf of minor children require court approval. 
  • Keep the statute of limitations for premises liability cases in mind. 

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