Injured Children and Dangerous Property: What South Carolina Law Says About Trespassing Kids

Jul 21, 2025

| Child Injuries, Premises Liability, Slip and Fall Accidents

Most people assume that trespassers have no legal rights if they’re injured on someone else’s property. But when the trespasser is a child, South Carolina law tells a different story.

At Palmetto State Injury Lawyers, we represent children who’ve been seriously hurt because a property owner failed to secure a known danger. Whether it’s an unfenced pool, a broken-down structure, or even a muddy ditch filled with stagnant water—if a landowner knows kids may come near and doesn’t take steps to prevent injury, they can be held accountable.

The Attractive Nuisance Doctrine: What It Means for Parents

Under South Carolina law, property owners typically don’t owe much of a duty to trespassers. But there’s a major exception: the attractive nuisance doctrine.

This legal doctrine recognizes that children don’t always understand danger the way adults do. So if something on a property is likely to draw children in—such as a swimming pool, construction site, abandoned vehicle, or uncovered hole—the owner may be legally required to secure it.

To hold a property owner liable under the attractive nuisance doctrine, we generally must prove:

The condition was likely to attract children;
The child was too young to recognize the danger;
The property owner knew or should have known children were likely to come onto the property;
The owner failed to take reasonable steps to prevent harm.

A Real-World Example: When a Backyard Becomes a Legal Hazard

Imagine this: A young child lives in a neighborhood filled with other families. Just a few houses away is a property that backs up to the same route children use to walk to school or ride their bikes to the park. That property has an old, unused trampoline sitting in the backyard—no fence, no warning signs, no locked gate.

One afternoon, a child wanders into the yard, drawn by the sight of the trampoline. They climb on, fall, and suffer a severe head injury.

Now, even though that child didn’t have permission to be on the property, the law may still hold the homeowner legally responsible. Why? Because:

The property was near an area where children were likely to be present;
The trampoline was visible and unsecured;
The child was too young to appreciate the risk of injury;
And the homeowner failed to take simple, reasonable steps to prevent access—like installing a fence or locking gate.

In situations like this, South Carolina’s attractive nuisance doctrine comes into play. When property owners know—or should know—that a dangerous condition on their property might draw in children, they have a duty to secure it. Failing to do so can result in real and devastating harm—and legal liability.

The Unique Challenges of Child Injury Cases

For Dana Adkins, child injury cases are deeply personal. She spent the first decade of her career in South Carolina’s family courts, advocating for children’s safety and well-being—and brings that same passion to personal injury cases involving kids hurt by dangerous property conditions.

Unlike adult claims, child injury cases require a broader perspective. A single moment of negligence can impact a child’s growth, development, and future. At Palmetto State Injury Lawyers, we take a long-term view—accounting for not just today’s medical costs, but the emotional, educational, and financial challenges your child may face for years to come.

Here’s what that looks like:

🏥 Medical Treatment and Long-Term Care Needs

Injured children often require ongoing medical care—more than just the emergency room visit. That might include surgeries, follow-up appointments, physical therapy, medical equipment, or even in-home care. And because children’s bodies are still developing, the care plan must evolve with them. Some injuries may require treatment years down the line as they grow.

💔 Pain, Suffering, and Emotional Trauma

Pain is hard enough for adults to endure, but for children—who may not have the tools to process what’s happening—it can be deeply distressing. Beyond the physical pain, trauma from a fall, disfigurement, or hospitalization can leave lasting psychological effects. Nightmares, anxiety, regression in behavior, or fear of returning to school or social settings are common in young victims.

♿ Permanent Disability or Disfigurement

When an injury leads to permanent damage—such as a limp, loss of function, or visible scarring—it can affect a child’s confidence, social development, and physical ability for life. These cases must factor in the cost of adaptive equipment, future surgeries, vocational limitations, and the psychological toll of growing up with a disability or disfigurement.

🛝 Loss of Enjoyment of Life

Childhood should be full of play, learning, and exploration. When an injury robs a child of the ability to ride a bike, participate in sports, play on the playground, or keep up with their peers, that loss is real—and compensable. It’s not just about what the child can’t do today, but about the joys and milestones they may miss out on long-term.

📚 Educational Disruptions and Developmental Setbacks

Recovery often requires time away from school, which can interfere with learning, socialization, and developmental milestones. In more serious cases, a child may need to change schools, miss critical years of academic foundation, or require an individualized education plan (IEP) due to cognitive impacts. These ripple effects can change a child’s entire academic and career trajectory.

🧠 Future Therapy or Counseling Costs

Many children injured in traumatic incidents require professional counseling to cope with fear, depression, PTSD, or grief. These aren’t just short-term needs—some children may need years of therapeutic support to heal emotionally. Factoring in the cost of mental health services is crucial in any child injury claim.

We also recognize that these cases are deeply emotional. We approach each family with compassion, patience, and a commitment to handling the legal side—so you can focus on your child’s healing.

Why Families Choose Dana Adkins for Child Injury Cases

Dana’s unique background gives her a powerful edge. She’s spent her career protecting kids—from family courtrooms to injury litigation. She understands both the legal complexities and the emotional toll these cases take on families.

You won’t be just another file in a system. Your child’s story will be heard, their suffering acknowledged, and your family’s future fought for with the fierce representation you deserve.

📞 Let’s Talk About What Happened to Your Child

If your child was hurt because of a dangerous condition on someone else’s property—even if they weren’t “supposed to be there”—you may have legal options.

📞 (843) 823-6237
💻 PalmettoStateInjuryLawyers.com