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.