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New Hope Accident Attorney Shane Smith Discusses Attractive Nuisance Premises Liability

Understand Your Complete Rights From a Gwinnett County Accident Lawyer

Most parents are under the impression when they visit the home of another child for a “play-date” or when they drop off their children for the afternoon or a sleep-over, nothing bad will happen to their child. Even though the vast majority of parents are responsible and even with less than responsible parents, nothing normally happens to their children. However, due to the slight possibility a parent is negligent, even for a few minutes, catastrophic effects can occur.

You may wonder how premises liability and your children are related. Children that visit a friend’s house, for example, are normally considered an “invitee.” Under this classification, the owner of the house your child visits owes your child a duty of care to protect them from “foreseeable harm.” This means that if the owner of the home can see circumstances in their home posing a problem or potentially posing a problem, the homeowner must take generally accepted actions to keep the home safe for your child. If they fail to do this and it is proven in a personal injury claim, the injured or deceased child and their family may be entitled to financial and emotional justice.

If the homeowner fails to take reasonable care to neutralize circumstances to prevent an injury, you may have a personal injury claim against the homeowner. Whether your child is an “invitee” or under circumstances as a “trespasser,” the homeowner may be liable. Homeowners may be liable for accidents occurring from:

  • Improperly secured swimming pools
  • Unsecured chemicals and exposure to them
  • Malfunctioning garage doors
  • Improperly stored medicines
  • Access to age inappropriate equipment (power tools, cars, etc.)

If a parent is found responsible for not securing or leaving out hazardous materials or tools, a personal injury may exist against the responsible homeowner. Speaking with a New Hope accident lawyer at the Law Offices of Shane Smith will help you understand what rights you and your child have under Georgia law. Depending on the complete circumstances of your child’s injuries and how they occurred, a personal injury claim may exist. Call the Law Offices of Shane Smith at (770) 487-8999 to understand what legal options you have to obtain justice.


Shane Smith
Advocate for the Seriously Injured in Georgia