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Attractive Nuisances and Child Injuries in Premises Liability Law

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Premises liability is a faction of personal injury law that holds property owners liable for the injuries that occur at their residence or business. These laws only apply to people who were injured when they were invited to a property or were otherwise permitted to be there, such as business patrons — not trespassers. Property owners have no duty to protect trespassers from injury.

However, the trespasser exception does not apply if the “trespasser” is actually a child. Children are not legally considered as trespassers, even if they were present on a property they were not allowed to be on. Owners have different legal responsibilities to protect children from harm if they wander onto their property.

The law accounts for the fact that children are not as acutely aware of hazards as adults. Therefore, property owners must take precautions to prevent injury to children who may enter their yard, residence, or business. The concept of “attractive nuisance” defines how injuries to children may occur and the legal responsibility of property owners to keep kids safe.

What is an Attractive Nuisance?

“Attractive nuisance” is a term that describes any hazard on a property that could potentially attract a child to the property and cause harm. Property owners have a legal responsibility to identify attractive nuisances at their residence or business and take measures to minimize the danger that the attractive nuisance presents.

An example of an attractive nuisance is a swimming pool. If a pool is accessible to children who may enter a yard, property owners have a responsibility to prevent injury. This can be done by building a fence around the pool, for example.

If your child has been injured on another person’s property, the owner can be held liable for damages. As a plaintiff, you must provide evidence of the following conditions to prove that the property owner was negligent:

  • The property owner had a duty to maintain a safe property. In cases of injuries to children, this duty is intrinsic because owners have a legal duty to keep their property safe in case any children enter the area (as opposed to cases of injury to adults, in which individual responsibility is considered.)
  • A danger was present on the property. The danger qualifies as an attractive nuisance if it could reasonably cause a child to wander onto the property.
  • The property owner was aware of the hazard and failed to correct it.
  • The unaddressed hazard was the cause of your child’s injuries.

At Daspit Law Firm, our attorneys are dedicated to helping injury victims recover the compensation they deserve. We can assist you if your child was injured by a negligent property owner and can help you build a claim. Contact us today to discuss the details of your case.

To schedule a free consultation with our legal team, send us a message or call (888) 273-1045.

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