Should we file some kind of lawsuit?

Question

My teenage daughter & her friend went to an abandoned building that they heard all the other kids talking about(how is haunted,kids stuff) They found a ladder that went up to the roof and went up it.They were afraid to go inside. They were sitting on the roof looking around the neighborhood.When they decided to get down, there was some electrical wires running across the roof line( they just ducked under when they first walked by them) for some reason(not knowing,I'm sure)my daughter touched the wire and was electrocuted. Her friend grabbed her shirt and pulled her away from the wire(THANK GOD) She is ok other than burns on her fingers and one on the back of her head.She was taken to the ER.I never thought about filing a suit until the company that owns the building said they should fine us for trespassing(which I agree with) However,if alot of other kids are going to the abandoned building all the time, someone is going to get killed by this bare wire. Tell me your thoughts please

Answer 1

You would lose that lawsuit in a second, and end up having to pay all yours AND the company's legal fees after you lose. When you commit a crime on private property (as your daughter did), anything that happens the property owners are NOT liable for. And they can counter sue you for tresspassing destruction of property.

Your best bet is to let it go, and hope your daughter doesn't get brought up on trespassing charges.

Answer 2

Your daughter was lucky to not be killed as well as her friend.

As for the wires you can go to the building and take pictures then go down to the City hall with them and tell them that kids are trespassing and that your daughter had been one who had and got hurt you want to have this building inspected so no further injury's are caused by the wire. You can also have your daughter talk to the people who own the place and let them know she is sorry and that she got lucky nothing more happened to her. she needs to do this not you. So when your daughter does this have her also tell them other kids think the house is haunted and are going in there. Then have her tell him that she don't want anyone else to get hurt and am asking them to fix the wire for the safety of others. If it comes from a child then they may see she learned her lesson and is asking for no future problems in her community. It will show faith here.

As for Suing I don't think it a good idea make it a learning situation on your family's part about what is really around you. Oh yeah in most states its illegal to have exposed wire or low power lines. since its abandoned it should not have any power so talk to the power company and find out what you can do about the risk there.

Answer 3

Your daughter was in the wrong. Tresspassing, invasion of privacy possibly.
On the other hand. If someone comes on your property and gets hurt, they can in fact sue you. Ex: There was a burglar in the house and the home owner shot him in the leg. The burglar turned around and sued the home owner and won. Bogus? yes. True? yes. Screwed up? OH YES. The laws are twisted to suit the needs of whoever. Also ex: If a person comes on your property and goes by your chained up dog and gets bit. They can turn around and sue you. Should they have been there? no. Did the animal charge them? no. Did they intentionally go near that dog? yes. Who wins? The person that got bit.
Personally I think your daughter was out of line going where she didn't belong. If they all jumped off a cliff would she do it too? She needs to be more in control of her mind and person then her friends. I'm not saying she deserved what she got but do you have any idea how lucky she is that she was with someone? If not she would have probably died.
On the other hand, the property owner has responsibilites that he is not doing. He should have boarded that place up and shut off the electric. If he knew that kids were going there it is his responsibility to make sure that nobody can get in there no matter what it takes. He is negligent. I think that, unless you are money hungry, you should contact the town that the house is in and explain to them what happened. I think you should file a police report as soon as possible too. I also think that you should get things on paper with a doctor. You need a paper trail just in case.
If I were the judge on this, I would fine the home owner for negligence and endangering the welfare of a minor for starters.
On the other hand. I would charge your daughter with illegal entry, tresspassing, invasion of privacy and whatever else.
While the homeowner would have to come up with fine money, I would have your daughter doing community service.
But I would also award only damages as far as doctor bills. You should know where your child is at all times. Something like this shouldn't be taken lightly. Explain to her what might have happened if her friend didn't save her. I kid you not. You should be happy that you can sit here and ask questions instead of attending a funeral. Please. Sit her down and discuss this.
As far as the lawsuit? Contact a few lawyers and see if they think you have a case. The first half hour is usually free to talk with them. contact more than one and ask different questions of each. Make a list of questions before you call. Keep track of who you called and highlight the ones you liked so that if you decide to pursue this you know which ones you liked dealing with.
Just a thought. I was wondering if YOU TOO might be charged with child neglect or something as far as not knowing where your child was or what she was doing. Not sure on this one. You said give you my thoughts. I didnt mean to sound nasty at any point. Hope things work out for you.

Answer 4

Go ahead and file the suite, I hope you get destroyed in court. The person trespassing in an abandoned building has no reason to assume the building is safe and thus if they were hurt or killed while in the act of trespassing why should they or their family be awarded for their stupidity?

Answer 5

I just want to say you can file a lawsuit for just about anything! Locally we have a well known Dr, some thug broke into his house in the middle of the night, fell through the ceiling of their living room. They woke up to the comotion of the dog barking, the daughter screaming, the Dr grabbed his gun and told the intruder to leave repeatedly. When he felt he had no other options he shot the man. This man filed a suit and WON a settlement.
Now, for all of you people saying this young lady should have learned a lesson, what if your child were the next one to touch that line and wasn't so lucky? Would you want something done then?

Answer 6

Sounds like you can maintain a Law Suit based on the theory of "Attractive Nuisance".

I would suggest that you contact an attorney in your area who specializes in "tort" cases - such as this.

The Theory of Attractive Nuisance is used when "trespassing" comes into play and is not a detriment to the success or outcome of the case.

Good Luck!

Answer 7

The building owners are liable in criminal as well as civil courts, for attempting to cause death of persons who simply tress pass that too not for committing any offence. Such people shall not be spared to save others' lives and to suppress such inhuman acts.

Answer 8

Shame on you to want money when your daughter was the one breaking the law by tresspassing. A teenager is old enough to know better.

Answer 9

Your child entered a building illegally - she had not right to be there and the owner has no right to worry about people who have absolutely no business being on their property!

Don't sugar coat this for your daughter - she is lucky to be alive for one thing and two she is lucky she is not getting a criminal charge against her.

You have nothing to sue about - now if they charge your daughter for being on their property they have every right.

Answer 10

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