Personal injury attorneys often represent clients injured in attractive nuisance cases. But what, exactly, does the term attractive nuisance mean? Essentially, it is a legal doctrine that makes allowances for children who were hurt while trespassing on someone else's property. To provide more clarity on just what constitutes an attractive nuisance and who is legally liable, below is an overview of this subject, as well as the role a personal injury attorney plays in an attractive nuisance claim.
An attractive nuisance is any structure, item, or condition on someone's property that A) presents a potential danger, and B) is inviting or interesting to children. But perhaps the best way to explain attractive nuisances is to give some common examples. Swimming pools; manmade water features, like fountains or ponds; and old appliances, vehicles, or equipment can all be attractive nuisances. The most prevalent example, however, are structures and recreational items designed for kids, such as swing-sets, slides, trampolines, jungle gyms, and skateboard ramps.
Ohio adopted an attractive nuisance doctrine in 2001. This law states that a property owner can be held liable for the injuries sustained by a child who has trespassed onto the property, so long as some sort of object that is attractive or intriguing to children is present on said property and is the cause of the injuries suffered.
From a legal perspective, it typically does not matter that the child was technically trespassing onto private property when the injury was incurred, though the courts review this carefully in each case when determining liability. They look at the age and intellectual ability of the child to decide if the child understood the dangers present and the risks posed. Courts will also consider any reasonable measures the property owner previously took to secure the potential danger and minimize risks to public health and safety.
How a Personal Injury Attorney Can Help
If your child has been injured in an attractive nuisance case, always consult a lawyer for guidance. A personal injury attorney will review the details of the claim, conduct their own investigation into what happened, and look into any previous safety issues with the nuisance in question. They will also help build a strong and effective legal case: gathering evidence, such as medical records and photos of the scene, and handling all paperwork and filings. In short, you will have a legal professional advocating for your child's rights and safety.
Attractive nuisances pose very real threats to the youngest and most vulnerable members of society. Let the personal injury attorneys at Morrow, Gordon & Byrd, Ltd. guide you at every step of your case. For over 80 years, they have been representing Central Ohio in a variety of legal matters, including injuries, estate planning, and real estate law issues. Schedule a consultation by calling (740) 345-9611 or visiting them online today.