Our attorneys seek justice for injury victims in the San Diego and Riverside areas.

The trouble with an attractive nuisance 

On Behalf of | Nov 30, 2023 | Premises Liability

In some cases, if a person trespasses on someone else’s property and gets injured, the property owner may claim that they’re not responsible because no one should’ve been there in the first place. For instance, if a neighbor gets intoxicated and decides to jump into the pool, the owner of the pool may say that they are not responsible for what happened because they didn’t know that anyone was using the pool and they never invited their neighbor over in the first place.

However, it is important for property owners to remember that this doesn’t always apply to children. They don’t understand trespassing laws. They may not be able to read warning signs. They honestly don’t understand the risks that they’re facing, so property owners may need to go a bit further if they have an “attractive nuisance” on their property.

2 examples of an attractive nuisance

A swimming pool is a common example of an attractive nuisance. Children do like to swim, but they don’t understand all of the safety issues. This is why property owners often have to install fences around pools with gates that automatically lock. There’s no way to 100% ensure that a child wouldn’t climb the gate or something of this nature, but owners just need to take additional steps to keep children safe from themselves.

Something like a construction site can also be an attractive nuisance. Children may think it looks fun to play on piles of gravel or jump in the trenches and pits. They may play on excavating equipment. These could also be considered an attractive nuisance if the company doesn’t take steps to keep children away from these dangerous areas.

Has your child been injured because the property owner was negligent? If so, you may be able to seek financial compensation.