If My Child Was Hurt While Trespassing, Can I Still Sue?

 Posted on May 23, 2025 in Personal Injury

In Illinois, property owners and occupiers are expected to use reasonable care to protect the safety of invitees and licensees. If these groups of people are hurt on the property because of the responsible party’s negligence, a premises liability claim could yield compensation for their damages. Trespassers usually cannot file these claims. However, children do not always understand the concepts of property boundaries and trespassing.

While Illinois no longer recognizes the attractive nuisance doctrine, state laws may still allow you to file a claim against a negligent property owner for your child’s injuries. For the best possible results, you need the assistance of our skilled Champaign, IL personal injury attorneys.

What Kinds of Property Features Are Attractive to Children?

Most children love to explore. Young children, in particular, may not realize that dangerous conditions or property features could lead to injuries. Children may be drawn to dogs, not realizing that a bite or attack could hurt them. Hazardous property conditions could include broken decking, holes or piles of debris, accessible chemicals or other toxic substances, and insufficient lighting. Features like swimming pools, trampolines, sheds, construction sites, and unsecured machinery are often attractive to children.  However, there is a definite risk of injury associated with each of those features.

Kids may fall, breaking bones. Concussions may occur. Cuts, scrapes, and bruises are likely. With swimming pools, hot tubs, and ponds, drowning is a real risk. The key to collecting compensation in a premises liability case is proving that the property owner knew or should have known about the safety hazard, whether it was foreseeable that a child could access the feature or dangerous condition, and whether reasonable steps were taken to avoid an accident.

What Are Examples of a Property Owner’s Negligence With an Injured Child Trespasser?

There are several ways that property owners can secure their premises to prevent accidental harm. However, children can be injured in several situations, such as:

• A water feature without a fence
• A fencing gate with a broken or unlocked latch
• Gardening or power tools left out
• An easily accessible trampoline
• Garage or shed doors left open

Whether due to poor maintenance, carelessness, or another reason, property owners could be held liable for your child’s injuries or death.

Why Do I Need a Lawyer for a Premises Liability Case?

Premises liability claims are complex, especially when an injured child was trespassing. The child’s age and level of understanding are an important part of a successful claim. Even teenagers who understood the risks of trespassing may qualify to obtain compensation if the property owner was clearly negligent.

Many people do not know what evidence is needed for a premises liability claim. Even if they know, they may not have the resources to find supporting evidence. Damages in these cases may include medical expenses and other financial losses, along with non-economic losses such as pain and suffering.

Insurance companies often try to reduce the amount they must pay. With an experienced attorney on your side, we will investigate the accident thoroughly. We will calculate the value of your claim and fight the liable insurer to help you obtain the highest amount available.

Speak to Our Knowledgeable Decatur, IL Premises Liability Lawyers

If your child was injured on someone else’s property, even while trespassing, it is natural for you to want justice. Our dedicated Bloomington, IL personal injury attorneys can handle even the most complex cases, always working to help you collect as much compensation as you deserve. Call Kanoski Bresney at 888-826-8682 or contact us online to schedule your free consultation today.