Premises liability law states that you are required to afford a certain
amount of care to any visitors on your property, with the least amount
being afforded to “trespassers,” or those who are not authorized
or invited to enter a premises. Generally, this means that uninvited persons
do not have to be warned about any potential dangers on a property, but
the law also creates one exception to this rule. Young children are often
unaware of the danger that a property feature may contain and will unknowingly
trespass to visit these features. These are known as “attractive
nuisances,” and the law says that property owners may be held liable
for any injuries to young children that occur from them.
What Defines an Attractive Nuisance?
In short, an attractive nuisance is any feature or object on a property
that can cause injury to a trespassing child. Children often do not recognize
the dangers associated with certain items, so the law places the onus
on property owners to secure these features to the best of their ability.
Defining an attractive nuisance requires fitting a very specific set of
criteria. First, a property owner must know or have reason to know there
is a dangerous condition on the property created by a certain feature.
This feature must create an “unreasonable risk of harm” for
a child, who does not realize this risk. When this is the case, a property
owner must take reasonable steps to eliminate the risk or secure it so
it cannot be easily accessed by an enticed child.
Some common examples of attractive nuisances include:
- Swimming pools
- Man-made or natural ponds
- Leaning ladders
- Playground equipment
- Old furniture or appliances
- Large trees
- Abandoned vehicles
These are just a few of the things that can be deemed attractive nuisances,
and the list is continually expanding. Nearly anything can be deemed an
attractive nuisance if it lures or entices a child to come to a property
and become injured by it.
If your child has been injured on someone else’s property and you
suspect an attractive nuisance may have been at fault, don’t hesitate
to immediately seek assistance from a Martin County injury attorney. At
Lauri J. Goldstein & Associates, PLLC, we are ready to stand and fight for the justice you and your child deserve.
We understand the impact an injury to your child can have on your life,
and we strive to put the law on your side. We have more than 75 years
of experience helping clients with all types of injury cases and are unafraid
to fight for your well-being as long as we need to.
Start your case today!
Call Lauri J. Goldstein & Associates, PLLC at 866-675-4427 to speak with a member of our staff and review your legal options.