UK Wide Child Accident Claim Coverage
We have expert solicitors across England, Scotland, Wales and Northern Ireland waiting to help
you now.
You keep all of your compensation and pay nothing if you win or lose.
We have specialist Child Accident Claim Solicitors ready and waiting to help you across the UK.
Simply call us free or complete the quick enquiry on the right and let us explain your legal rights and your options (at no cost to you and no obligation).
Child Injury Claims When Trespassing
Get off my property! - Can you still claim if your trespassing child is injured?
Kids will be kids. Naturally curious about their surroundings, they often end up in places where they really have no right to be. Trespassing on someone else’s property is something that every parent should try to prevent their children from doing, but as we all know, keeping an eye on what they get up to is not always easy. So if your child trespasses onto someone’s property and is injured as a result, can you still claim compensation?
The answer is, in some instances, yes, you can. Even if your child is technically trespassing at the time, the owner of the land or property can still be held accountable if there is what is known as an ‘allurement’. This is something that may be considered to be attractive to a child and lure them onto the land, despite the fact that they are technically trespassing.
The easiest way to explain the technicalities of this is to give an example. Imagine that you have planned a family trip to a country house that has a designated area for children to play in. if there is a wooded and fenced area next to that play area, it should be clearly marked to prevent trespass. However, small children are not known for their consideration of warning signs, and your child decides to investigate the pretty red berries he can see on the other side of the fence. If he manages to scale the fence and eat the berries (which in this example are poisonous), you may still be able to claim compensation from the land owner. The berries could be seen as an ‘allurement’ that tempted the child to trespass onto the land, and a fence that can be easily climbed by a child is considered to be inadequate protection.
Another typical example of allurement is the lure of a building site. With fascinating machinery to capture children’s interest, building sites are exceptionally dangerous but irresistible places for children. If a gap in the fence allows a child to trespass into the site and that child is subsequently injured, the land owner can be held responsible. It is their responsibility to ensure that unauthorised access is prevented by making sure the fence is impenetrable to small, inquisitive children.
Compensation claims for children who have been injured while trespassing can be difficult to pursue, as the obvious defence for the land owner is that the child should not have been there in the first place. But if inadequate measures have been taken to prevent access, the fault could be laid at the feet of the land owner and not the child. If your child has been injured in this way, the first course of action is to talk to a child accident claims specialist, who will be able to advise you on your rights. If they agree that the land owner has not taken adequate steps to prevent unlawful access onto their property, particularly in the case of ‘child-proofing’ a site, and that there is some kind of allurement involved, you may have a legitimate case for compensation.
The alternative is keeping the child on a leash until they’re 16..
Share This Article With:
Need Help With Your Child’s Whiplash Claim?
If you would like 1stClaims’ expert Children Accident solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.
Remember, it costs nothing to ask and you receive 100% of your compensation.
We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.
Questions?
How We Help You
Why Choose 1stClaims For Your Child Claim?
- We hand select only the best children accident solicitors to help you.
- You keep 100% of your compensation
- You pay nothing whether you win or lose your claim
- Your solicitor chosen by a senior personal injury solicitor with 14 years claims experience
What clients are saying about 1stClaims service today