Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer Illinois Personal Injury Law Firm
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Who is responsible if your child is injured in a neighbor’s yard?

You have taught your child to respect other people’s property and not to trespass, but like many children, your child is curious about her surroundings. While playing outside, she went with friends to explore your neighbor’s interesting yard and sustained an injury. Your neighbor says that the children should not have been trespassing, which you understand, but you also know that he has a large amount of dangerous equipment on his property and has not enclosed it with a fence. Like other Illinois residents facing a similar situation, you may wonder if your neighbor shares some of the responsibility.

The law recognizes that curiosity often drives children, especially younger ones, and they may not respect trespassing rules. This is particularly true if there are no clear boundaries separating private property from the rest of the neighborhood. Lawmakers put attractive nuisance laws in place to protect children, knowing that curiosity may draw them to a dangerous situation in someone else’s yard. Your child and others in the neighborhood could face such attractive nuisance hazards as the following:

  • A swimming pool or deep pond in a neighbor’s backyard
  • An aggressive dog chained to a dog house
  • A refuse pit, drainage ditch or uncovered well
  • Power tools and heavy equipment

According to FindLaw, homeowners who know they have a feature or item on their property that can be irresistible and dangerous to children have a responsibility to take reasonable measures to discourage them from gaining access. This could mean installing a fence around the backyard or swimming pool, putting up warning signs about a dangerous dog, covering wells and pits and locking up tools and riding lawnmowers. If your neighbor knew he had an attractive nuisance but ignored it and your child was injured, you may be able to hold him liable for your medical expenses.

What Our Clients Say About Us

  • "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....-Jeff D.

  • "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....- Dave

  • "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.-Jennifer

  • "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day...-Larry

  • "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.- Tyler D.

  • "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.- Karen K.

  • "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends.-Dan H.

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