Owners of public buildings and spaces have an obligation to block access to areas that they know or should know are attractive places for children to play and explore.
Under the attractive nuisance doctrine, owners may be liable when children are hurt or killed after entering into dangerous areas of the premises that the owner did not properly secure or take adequate measures to attempt to secure.
Common attractive nuisance areas include:
Children deserve and are entitled to additional protections from known safety hazards. Where owners fail to ensure these necessary protections in the course of their business, they should be held accountable when children are injured or killed as a result of their negligence.
Railroad companies have an obligation to block access to areas that they know or should know are attractive places for children to play and explore.
Indeed, trains, railroads, and rail yards have captured the imagination of children for much of the last 150 years.
In 2010, 432 adults and children were killed in accidents while passing over railroad land. Another 3,804 individuals were injured when crossing railroad land.
Each year, children are killed or sustain serious bodily injuries, including traumatic brain injuries and spinal cord injuries as a result of business owners’ failure to protect children. Parents and families of injured children deserve accountability to ensure that they are adequately compensated for the extensive long-term costs associated with caring for a seriously injured child as they grow and develop.
The Gilbert Law Group® has decades of experience investigating, litigating and resolving complex and challenging cases on behalf of hurt and injured children and adults.
Call (888) 711-5947 if you would like to get started.
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