Injured Child: My child was injured when he went into a neighbor’s yard to play on some construction equipment left in their yard from work being done on their house. Who is responsible?
Your neighbor or any property owner may be held liable for creating an attraction to children and failing to take reasonable precautions to prevent the intrusion or entry of your child onto their property or onto the equipment. If the work was being performed by a contractor they may be held responsible as well. Many of these types of cases involve conditions at businesses or construction sites. Liability or responsibility is based on a doctrine in the law called attractive nuisance. If there is a condition on someone’s property that is dangerous and might be attractive or enticing to children, the property owner or business conducting activity on the property has an obligation to take reasonable precautions to prevent kids from getting hurt.