Property owners often assume that they aren’t ever going to be responsible for an injury that occurs on their property if the injured party was trespassing; however, that’s not always true. Anyone who owns a property should be aware of any attractive nuisance on their property because this can change their responsibilities and liability.
An attractive nuisance is something on a property that’s both potentially dangerous and likely to draw the attention of children. Some examples include swimming pools, trampolines, abandoned vehicles or construction equipment. These are things that kids might not fully understand the risks of but are naturally drawn to out of curiosity.
Proper securement of attractive nuisances is critical
Laws set specific standards for certain attractive nuisances. For example, property owners must have a locked fence that meets certain specifications around a pool. Even if there’s no set securement standard, property owners must show that they made a good-faith effort to secure the attractive nuisance to protect children.
Generally, manmade hazards that pose risks are more likely to be bound by the standard of attractive nuisances than hazards that occur in nature. This means that an abandoned vehicle would likely be considered an attractive nuisance, but a tree in its natural state wouldn’t be.
Any parent who has a child who was injured as the result of an attractive nuisance should learn about their options for seeking compensation. A premises liability claim may help them to recover the cost of medical care and other financial damages caused by their child’s injury. These cases are often complex and must be filed within a specific time, so it may behoove them to work with someone familiar with these matters.