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Child Accident Claims When Trespassing

Children are naturally curious about everything they come across including their surroundings.  This means that they often do things which they are not supposed to do or end up in places where they have no right to be.  It is not always possible to keep an eye on the child at all times, but for a parent, it is essential to ensure their safety.  Trespassing onto another person’s property is something every parent must prevent their children from doing, but as mentioned before it is not always possible to keep an eye on all the things that children do.

But what happens when a child gets injured when trespassing?  Is it possible to claim financial compensation?

The answer is yes it is possible to make a claim.  But, in order to make a successful claim, you will need to prove that there was something on the private property that enticed the child to trespass.  For example, if there is a fruit tree on the private property with loads of ripe fruits, then this may be considered as an allurement.  If a child is able to climb over the fence and get to the tree and sustains an injury whilst picking fruits, then a compensation claim may be possible.  Fencing which can be climbed over by children is not regarded as adequate protection.

The owner of the property should have made sure that the fruit tree was not in plain sight to children.  Even if it was, they must have ensured that the fencing was adequate to prevent trespassing.

In such cases, the owner of the property can be held responsible for the child’s injury.  This means that a parent whose child has been injured in an accident while trespassing can make a child injury claim.

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If you believe you have strong grounds for making a child injury claim, talk to a member of our team now.

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Remember, we deal with all child injury claims on a genuine no win no fee basis.

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