When a child gets hurt on someone else's property, the way things are handled is often different than when an adult gets hurt. Virginia law acknowledges that children don't always understand danger the same way adults do. Because of this, property owners may have additional duties when it comes to keeping kids safe.
You might be wondering what your rights are and if the property owner can be held responsible if your child is hurt. A Norfolk premises liability lawyer can help you understand how the law applies to your case and what you should do next.
Why Does Virginia Treat Child Injury Cases Differently?
Where children are concerned, Virginia law is more protective. The main reason is simple: children aren't expected to be as careful or smart as adults.
For example, an adult might know that a broken staircase, an open hole, or wires that are showing are all dangerous. But a child might see these same risks as things to play with or look into.
Because of this, courts often want to know if the owner of the property should have known that a child might be drawn to a dangerous situation. If the answer is yes, the owner may have had to fix the problem or keep children away from it.
This is where the idea of the "attractive nuisance" comes into play.
What Is the Attractive Nuisance Doctrine?
Virginia law does not fully follow the traditional attractive nuisance doctrine, but courts may still hold property owners responsible when dangerous conditions are likely to attract children and cause injuries.
This means that if something dangerous is likely to attract kids, the property owner may be responsible if a child gets hurt, even if the child wasn't supposed to be there.
Some common examples are:
- Empty buildings or construction sites
- Swimming pools that aren't fenced or locked
- Trampolines or other unattended play equipment
- Tools or machinery that kids can access
- Ponds, wells, fountains, or other water features
Kids might think these things are fun or interesting, but they can be very dangerous. The law may expect the owner of the property to do simple things to keep kids safe, like putting up a fence, locking gates, or putting up clear signs.
What If the Child Was Trespassing?
In many adult injury cases, trespassing can make it very difficult to recover compensation. Virginia generally does not require property owners to keep their property safe for adult trespassers.
However, when children are involved, the rules can change.
Even if a child was technically trespassing, the property owner may still be liable in some situations, especially when the owner knew children were likely to enter and failed to address a dangerous condition, such as:
- The owner knew or should have known that kids might come onto the property.
- There was a dangerous situation.
- The situation was likely to attract children.
- The child didn't fully get the danger.
- The cost of fixing the danger was fair given the risk.
In other words, the law might still protect a child who walked onto the property, especially if the danger was something that would naturally catch a child's eye.
This is one of the biggest differences between child and adult premises liability cases in Virginia.
How Does Contributory Negligence Affect Child Injury Cases?
Virginia has a very strict rule about fault. It means that if the injured person is even a little bit at fault, they may not be able to recover any money. This can make injury cases harder to win. But when a child is involved, courts may look at the situation differently.
When it comes to fault, young children are often not held to the same standard as adults. The law might take into account the child's age, level of maturity, and ability to comprehend danger.
For instance, a very young child might not be seen as capable of being careless at all. Depending on the situation, older kids may still be judged differently from adults. This can have a major impact on whether a claim is successful.
What Injuries Are Common in Virginia Premises Liability Accidents?
Injuries that happen to children on someone else's property can be serious and even life-changing.
A few common examples are:
- Drowning or near-drowning incidents
- Falls from heights or unsafe structures
- Burns from fire, chemicals, or electrical hazards
- Injuries from machinery or equipment
- Broken bones, head injuries, or spinal damage
Children are more likely to get hurt, and it may take them longer to heal. In some cases, injuries can have an impact on their growth, learning, and overall quality of life.
Because of this, it is important to fully understand the long-term impact of the injury when considering a legal claim.
What Should You Do If Your Child Is Injured on Someone Else’s Property?
If your child has been hurt, you need to act quickly to protect their health and your legal rights. Even if the injury doesn't seem bad at first, get medical help right away. Some injuries may not be obvious right away, and medical records can also help document the events leading up to them.
If you are able, take photos of the area where the injury occurred and any dangerous conditions that may have caused it. Try to get the names of any witnesses and keep track of all the medical visits, bills, and costs that are connected to the injury. It's also a good idea to wait until you know your rights before talking to insurance companies, because early statements or settlement offers may not show the full value of your claim.
How Can a Norfolk Premises Liability Lawyer Help?
At Shapiro, Washburn & Sharp, our skilled attorneys have more than 100 combined years of experience helping injured victims and their families collect fair compensation after a child injury. We know how to gather and preserve important evidence and build the strongest case possible on your behalf. For example, in one recent case, we achieved a jury award of $800,000 for a client who broke his hip after slipping on outdoor stairs at a rental cottage.
If your child was hurt because of unsafe conditions on someone else’s property, you may have legal options. A Norfolk premises liability lawyer can talk with you about what happened and help you understand what you can do next.
To set up a free case review, call Shapiro, Washburn & Sharp at (833) 997-1774 or fill out our short online contact form. For your convenience, we have offices in Norfolk, Portsmouth, Virginia Beach, and Hampton.
