Child Injuries on Private Property

Serving Nashville, Davidson County, Brentwood, Murfreesboro, and Middle Tennessee

Children are naturally curious, energetic, and often unaware of the dangers that exist around them. When a child is injured on someone else’s property—whether it’s a neighbor’s yard, a family friend’s home, a commercial venue, or even a vacant lot—the consequences can be serious, both physically and emotionally. Property owners in Tennessee have legal responsibilities to prevent foreseeable harm, especially when they know or should know that children may be present. At The Law Offices of John Day, P.C., we help families in Nashville, Davidson County, Brentwood, Murfreesboro, and across Middle Tennessee seek justice and compensation when a child is harmed due to dangerous conditions on private property.

Our attorneys understand the nuances of Tennessee premises liability law, including the doctrines that provide enhanced protections for minors. These cases require careful legal and factual analysis, as well as sensitivity to the emotional toll such injuries place on children and their families. If your child has been injured on someone else’s property, contact us today at (615) 742-4880 to schedule a free consultation.

Legal Responsibilities of Property Owners Toward Children

Under Tennessee law, property owners owe different duties of care to different categories of people who enter their premises. These include invitees (those invited for a business purpose), licensees (those on the property with permission but not for business), and trespassers (those without permission). However, the law makes important exceptions when children are involved.

Even when a child is trespassing, property owners may still be liable for injuries under the attractive nuisance doctrine. This legal principle holds that if a landowner maintains a condition on their property that is both dangerous and likely to attract children, they may be liable for injuries—even if the child was not invited. Common examples include swimming pools, trampolines, abandoned vehicles, old sheds, open pits, or construction equipment.

The Restatement (Second) of Torts § 339, which has been adopted in Tennessee case law, outlines the conditions for liability under attractive nuisance. These include:

1. The landowner knows or should know that children are likely to trespass.
   
2. The condition poses an unreasonable risk of death or serious bodily harm.
   
3. The children, because of their age, do not realize the risk involved.
   
4. The utility to the landowner of maintaining the condition is slight compared to the risk.
   
5. The landowner fails to exercise reasonable care to eliminate the danger or protect the children.
   

This doctrine reflects society’s recognition that children may not appreciate risk the way adults do and that landowners must take steps to secure particularly hazardous features that might lure a child onto their property.

Types of Child Injuries Commonly Sustained on Private Property

Injuries to children on private property can result from a wide variety of hazards. Some of the most common causes include:

• Unsecured swimming pools or hot tubs without fences or covers
• Trampolines without proper netting, supervision, or anchoring
• Dogs or other aggressive animals not properly restrained
• Unstable playground equipment or play structures
• Open pits, wells, or ditches on rural or construction sites
• Debris, broken glass, or exposed nails in yards or abandoned lots
• Hazardous chemicals or tools left in reach of children
• Structural defects such as broken stairs, porches, or decking
• Slippery floors, poorly lit walkways, or icy paths
• Electrocution hazards from exposed wires or non-code-compliant outdoor fixtures

Each of these hazards represents a potential basis for a negligence claim when the property owner fails to take reasonable steps to address the danger or warn about it. In the case of swimming pools, for example, local ordinances may require certain barriers, fencing, or gates to prevent unsupervised access. Failure to comply with these safety requirements can serve as strong evidence of negligence.

Determining Liability Under Tennessee Premises Liability Law

The general standard for premises liability in Tennessee is whether the property owner knew or should have known about the dangerous condition and failed to correct it or warn visitors. For children, this standard is enhanced because of their diminished capacity to understand risk.

In Eaton v. McLain, 891 S.W.2d 587 (Tenn. 1994), the Tennessee Supreme Court reiterated the principle that a landowner is not automatically liable for every injury that occurs on their property. Instead, liability turns on whether the landowner owed a duty, breached that duty, and whether the breach caused the injury. However, courts have also held that property owners must anticipate that children may behave unpredictably, especially in environments that are visually inviting or commonly accessed by minors.

Liability may also depend on the injured child’s age, the child’s understanding of danger, the location of the property, and whether there have been prior incidents or complaints. For example, if a property owner knows that children frequently cut through their yard and does nothing to secure a hazardous construction pit, that may be deemed unreasonable under the law.

The Role of Negligent Supervision and Third-Party Liability

In some cases, more than one party may be responsible for a child’s injury. If the injury occurs while the child is under the supervision of a babysitter, neighbor, or family friend, that individual may also bear some responsibility. Likewise, if a contractor or maintenance worker created the hazardous condition, that third party may be liable alongside the property owner.

Our firm evaluates all potential defendants and theories of liability to ensure that every avenue of recovery is pursued. We collect photographs, video footage, witness statements, maintenance logs, and insurance information to establish who had control over the property and who failed to act appropriately.

What If the Child Was a Trespasser?

While the general rule is that landowners owe no duty to trespassers, the law makes an important exception for child trespassers. As noted earlier, under the attractive nuisance doctrine, landowners may be liable for injuries to children who enter the property without permission if certain conditions are met. Tennessee courts consider the child’s age, intelligence, and ability to perceive danger.

Even if the child entered the property unlawfully, the presence of a dangerous condition that would predictably attract children can override the default immunity. This is especially true in neighborhoods where children are known to play or explore near unfenced pools, open barns, abandoned buildings, or visible machinery.

Damages Recoverable in a Child Injury Case

When a child is injured on private property, the family may be entitled to a range of damages. These include:

• Medical expenses, including hospitalization, surgery, physical therapy, and psychological treatment
• Pain and suffering, including emotional trauma, fear, and diminished quality of life
• Compensation for permanent impairment, disfigurement, or disability
• Loss of future earning capacity in cases involving severe injury
• Parental claims for medical expenses paid and loss of the child’s services during recovery

If the injury was caused by recklessness or intentional misconduct—such as leaving known dangers exposed near children—punitive damages may also be available under T.C.A. § 29-39-104, though these are capped and awarded only in extreme cases.

Our attorneys work closely with medical experts, life care planners, economists, and mental health professionals to ensure that damages are fully documented and reflect the full scope of the child’s physical and emotional suffering.

Statute of Limitations for Child Injury Cases

The statute of limitations for personal injury claims in Tennessee is generally one year from the date of injury under T.C.A. § 28-3-104. However, when the injured party is a minor, the statute is tolled until they reach the age of majority under T.C.A. § 28-1-106. This means that the child has until one year after their 18th birthday to file a personal injury claim.

However, this extension does not apply to the parents’ claim for medical expenses and loss of services, which must still be filed within one year of the injury. Waiting too long can result in the loss of critical compensation for the family.

Prompt action is crucial. Evidence can be lost, witnesses may forget details, and dangerous conditions may be altered or repaired before they can be documented. Our firm helps families take swift legal action to protect their rights and preserve their claims.

Why Choose The Law Offices of John Day, P.C.

At The Law Offices of John Day, P.C., we have decades of experience handling complex child injury cases across Tennessee. With offices in Nashville, Brentwood, and Murfreesboro, we are proud to serve families throughout Davidson County and Middle Tennessee. Our team is deeply familiar with premises liability law, the attractive nuisance doctrine, and the special protections Tennessee law provides for children.

We handle these cases on a contingency fee basis, meaning you owe nothing unless we recover compensation. We advance all costs of litigation, and we work closely with investigators, child safety experts, and medical professionals to build a compelling case for full recovery.

We understand that a child’s injury changes everything—for them and for your family. Our goal is to hold negligent property owners accountable and help your family secure the resources needed for healing and long-term care.

Contact Us Today

If your child has been injured on someone else’s property, contact The Law Offices of John Day, P.C. at (615) 742-4880. We offer free consultations and will explain your legal rights, investigate your case, and advocate for your child’s full recovery. From our offices in Brentwood, Nashville, and Murfreesboro, we proudly represent families throughout Middle Tennessee, providing the strength, skill, and care needed during a difficult time.