Can my child be compensated for injuries from an attractive nuisance in the State of Oregon?
What is an attractive nuisance?
A possessor of premises or chattel can be liable for harming children trespassing if the condition on the premises or the chattel causes injury or death to a child due to all of the following conditions:
(1) The possessor knows or has reason to know that children are likely to trespass where the condition exists;
(2) The condition is one which the possessor knows or has reason to know that the condition involves an unreasonable risk of injury or death to children;
(3) The children because of their youth do not discover the condition or realize its risk;
(4) The ease of utility of maintaining the condition and the burden of eliminating the danger are slight compared with the risk to children involved; and
(5) The possessor fails to exercise reasonable care to eliminate the danger or to otherwise protect children.
If you can prove that business/property owner is liable, then your child is entitled to receive medical bill reimbursement and to receive non-economic damages for pain and suffering. If the child dies, there may be a wrongful death claim. If the child is rendered so disabled that he/she will not be able to work in the future, then the child may be eligible to receive damages for lost earning capacity.
If you believe that your child was the victim of an attractive nuisance, you may call the Law office of Jennie Clark, Attorney at Law, L.L.C. at (503) 238-1010 for a free short phone consultation on the matter.