Injuries to minors

INJURIES TO MINORS

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You have all probably heard of the term “attractive nuisance.” That is a concept of negligence that is recognized in many states. An attractive nuisance is an object which by it very location and configuration is attractive and also dangerous to children. If the owner of that object allows it to remain accessible to children knowing that it will attract them and knowing that they will be injured if they come in contact with it, then that may be a basis for a negligence claim against the owner of that object.

Many tort claims that are brought involve children. Children, in general, are given a favored status in the law meaning that they have special protection. This is true likewise in regards to tort claims. For instance, in regards to negligence claims, children under 7 years of age generally are legally incapable of committing any act of negligence. Children between 7 and 14 are generally presumed to be incapable of committing negligence although that presumption can be rebutted with the presentation of evidence showing that the child is, in fact, capable of committing a negligent act because of his intelligence level, experience level and other factors that may bear on that.

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