Posted in Premises Liability on October 24, 2019
Some things just seem to call out to kids and say, “Come onto the property and play.” This can include various attractions like pools, playground equipment, other toys, and more. These items work like a magnet, but they can also present dangers. They can be so dangerous that they become an “attractive nuisance.”
Children are naturally curious and tend to be more reckless when it comes to decision making. These predispositions can lead to serious trouble, especially when they are wandering the neighborhood alone or with friends. Kids can wander onto someone else’s property and get hurt. While most premises liability laws are not favorable to trespassers, that changes when a property owner has something on the premises that is particularly attractive or alluring that could attract a child.
Some of the most common “attractive nuisances” include:
While an adult would reasonably understand that they should not go onto someone else’s premises and play on their property, a child may not realize the risks associated with a certain attraction. The attractive nuisance doctrine, under premises liability law, seeks to protect children who are injured due to the negligent actions of the property owner for failing to reasonably foresee their attractions could cause injuries to a child.
Attractive nuisance cases can become complex, and there are five factors that should be present for the attractive nuisance doctrine to apply to the case.
Property owners can avoid attractive nuisance cases by properly inspecting, maintaining, and securing their premises from unreasonable access by children. For example, this could include putting a fence with a locking gate around a swimming pool or filling in holes in the ground.
These cases will be treated as premises liability cases, and you could be entitled to compensation if your child is injured. This compensation can include:
Each case is different, and the amount of compensation will vary based on a variety of factors. A skilled premises liability attorney will be able to guide you through this process and ensure you are treated fairly.