We often think about trespassers on our property as thieves and crooks who are looking to do us wrong. We may not think about children who trespass for potentially innocent reasons. When a child enters your property without your permission, invitation, or authorization, they are considered a child trespasser. A property owner doesn’t have a duty to trespassers, but it is important for owners to not impose harm or danger to trespassers willfully or through recklessness. This is true for trespassers who are adults and who are children.
A property owner’s only duty of care for children who are trespassers is to ensure they don’t intentionally engage in behavior that is negligent or unethical. This type of behavior can seem like a gray area which is why if your child has sustained a premise liability injury on private property it is best to enlist the help of a seasoned Pheonx premise liability lawyer to examine your case.
It may be confusing as to what is established as misconduct and negligence on the part of property owners. The following are considered if:
Likely, you don’t know that there is a child trespasser on your property. If you do see that a child trespasser is present, what are your responsibilities? You have the following responsibilities:
If there exists dangerous machinery on your property that you are operating unsafely, it is your responsibility to ensure that you exercise an extended duty of care towards the child trespasser during this time.
When a child has been injured on private property their claim must prove a couple of points to impose liability on the owner. These include:
Liability on the part of the owner is a complex process. Proving what a premise owner knows is not easily quantifiable. The success of a claim rests on the ability to prove the owner’s knowledge of a child’s potential to trespass and be put in danger of injuries or death.
Navigating your ability to obtain compensation for injuries to your child who was engaged in child trespassing takes an experienced and knowledgeable Arizona premise liability attorney from ELG. We understand the complexity of premise liability law in Arizona. You and your child have rights that deserve to be protected. To learn more about your claim, call us today at either Pheonix or Mesa Arizona law offices at (623) 562-3838. During a free consultation with one of our effective Phoenix serious injury attorneys, you can discuss your claim.