Injuries to Children on Property

Maryville Premises Liability Attorney

Every parent wants to protect their child from harm, but sometimes a child is injured because another person failed to take measures to protect children on their property. Maryville slip and fall lawyer Mark C. Hartsoe has spent decades representing personal injury victims, including children who have been injured because of someone else’s negligence. If your child was hurt on another’s property, Mr. Hartsoe may be able to help you. Call us today for a free consultation.

Injuries in Children and Causes

Children are injured on a daily basis, but many of these injuries could be avoided if property owners took measures to protect children on their property. According to the Centers for Disease Control, more than 12,000 children under the age of 19 die each year from unintentional injuries. About 9.2 million are treated in emergency rooms for non-fatal injuries.

Most injuries in children can be prevented, particularly drownings and falls. Three children die every day from accidental drowning. It is the leading cause of injury death in children between the ages of one and four. Falls are the leading cause of non-fatal visits to the emergency room for children under age 19. Approximately 8,000 children are injured in falls each day.

Liability for Children Injured on Someone Else’s Property

In many cases, a child is injured while on someone else’s property. If a person invites a child onto their property, that person must protect the child from any dangerous condition on the property. Tennessee imposes this duty of care on any person that invites someone onto their property.

In some cases, a child may be on the property without permission. This does not absolve the property owner from taking steps to prevent injury to a child. In Tennessee, a property owner generally owes no duty of a care to a trespasser except to not cause intentional injury. This does not apply, however, to trespassers who are children.

Under what is called the “attractive nuisance” doctrine, a property owner can be held liable for injuries to children who trespass on their property if:

  • An artificial condition on the property poses a threat to a child;
  • A child is likely to trespass because of the condition or if they regularly play on the property;
  • A child is unable to comprehend the risk; and
  • The risk to a child outweighs the property owner’s burden of eliminating the danger.

A property owner who does not take measures to protect children from an attractive nuisance on their property can be held accountable for any injuries that result from their negligence.

Compensation & Recovery

If your child was hurt on someone else’s property, Tennessee law allows you to file a claim against the person responsible for their injuries. Because of a child’s age, their injuries can have long-term consequences and require years of care. You can help your child by seeking compensation for their injuries. You can potentially recover for the cost of their medical care, extended treatment, and pain and suffering.

If you lost a child as a result of someone else’s negligence, you can file a wrongful death suit against that person. You can seek damages for your child’s medical expenses, funeral costs, and any pain and suffering your child endured from the moment of the accident until their untimely death.

Personal Injury Lawyer Committed to You

Maryville personal injury attorney Mark C. Hartsoe has handled premises liability cases for decades. Mr. Hartsoe will build your case, consult with experts, and provide the guidance you need to seek the compensation you and your child deserve. He will work to negotiate a settlement, and relentlessly represent you at trial if necessary. Call us today at 865-804-1011 or contact us online for a no-cost initial consultation.

Client Reviews
Mark: We would like to thank you for all the hard work you put in winning our medical malpractice lawsuit. The money we were awarded will certainly change our lives. The fact that you never treated us like clients but instead like friends meant so much to us. Again from our hearts we say thank you. Client
The Peroulas family and I deeply appreciate your help and expertise. Although I am certain that it would have been most enjoyable to work with you on the trial, my clients are happy with what they and I believe to be a very favorable settlement, thanks in large part to your guidance. James S. Tipton, Jr.
We appreciate the great job that you did on our case. You watched out for our interest even before you took our case. Mark Hartsoe did a wonderful job. He showed great expertise as he went up against a multi-national corporation with multiple lawyers. He had a thorough understanding of the many details and events that occurred. We were especially impressed with his skill during mediation. Mark’s PowerPoint presentation was excellent, overwhelming the opposition. It was refreshing to work with someone who does what he says he will and truly had our best interest in mind. Thank you for everything. Dennis and Julie Greene
Just a short note to let you know we appreciate all of your hard work! Rhonda and Mike Cherrin
We would very much appreciate it if you would be so kind as to e-mail to our office the Powerpoint presentation that you made at the commencement of the mediation. Our General Manger was very impressed and would like to show it to the CEO and may in turn show it to other corporate personnel as an example of what can happen to the same or similar case when placed in the hands of an excellent lawyer such as Mark Hartsoe. William T. Wray