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Children are curious by nature, which is an important characteristic for learning, but it can also lead to dangerous situations. Many properties contain features that an adult wouldn’t pay attention to but are likely to pique the interest of a child. As such, the attractive nuisance doctrine in tort law is a crucial aspect of premises liability that both property owners and the families of injury victims should understand. Attractive nuisances are any potentially hazardous object or condition on a property that may attract children and put their safety at risk. Unfortunately, personal injury lawyers often represent cases where a child has been seriously injured due to an attractive nuisance. Here are some key points to know about this type of claim.

A Guide to Premises Liability & the Law of Attractive Nuisances

Common Types of Attractive Nuisances 

Attractive nuisances can take on a wide variety of forms but are generally manmade conditions that might entice a child to wander onto a property belonging to someone else. Some of the most common examples of attractive nuisances include swimming pools, trampolines, playground equipment, abandoned vehicles, discarded appliances, construction materials, and overgrown paths. While these routinely fall into the attractive nuisance category, each claim is determined on a case-by-case basis. 

Can a Trespassing Defense Be Used? 

personal injury lawyerIn premises liability cases involving adults, most states limit a property owner’s duty of care when it comes to trespassing. However, the law recognizes that children don’t understand the dangers of certain conditions or the concept of trespassing. For this reason, property owners are expected to use reasonable care in preventing an injury to children, regardless if they were invited onto the premises or were trespassing. 

How to Establish Liability for an Injury or Death    

When a child suffers harm or a wrongful death because of an attractive nuisance, the parents may have a right to take legal action. A property owner can be held financially responsible if several elements are proven to establish liability. This is where the expertise of a personal injury lawyer is needed. A case must be able to show that the property owner knew children were likely to trespass, the condition on the property posed a hazardous threat, the child involved was too young to understand the dangers of the situation, the cost to repair or maintain the attractive nuisance was minimal in comparison to the risk it presented, and the property owner failed to take reasonable measures to eliminate the danger. 

 

If your child has been injured on another person’s property, it’s essential to explore your legal options with a personal injury lawyer right away. The legal team at Henry & Williams P.C. can further explain the law of attractive nuisance and how it may apply to your case. With more than six decades of experience, they have helped numerous families in and around the community of West Plains, MO, receive the maximum compensation they’re entitled to. Call (417) 256-8133 to consult with a skilled personal injury lawyer or visit their website for more information on how they strategically approach claims of negligence. 

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