Under personal injury law, property owners have an obligation to maintain their premises to a reasonable standard for both invitees and licenses. When it comes to trespassers, on the other hand, a property owner’s duty of care is minimal. However, it still exists to some degree, especially if there are attractive nuisances on the property. Here is what you should know about attractive nuisance laws in Iowa. 

Identifying Attractive Nuisances 

In most cases, property owners are not liable for injuries that trespassers sustain on their premises. However, if the trespasser is a child, they could be responsible, depending on the circumstances. In the state of Iowa, property owners can be financially accountable for the damages that a trespassing child incurs if there is an attractive nuisance on the property.

An attractive nuisance is something that might draw the attention of children to the point that they are inclined to trespass—and poses dangers if they do. Examples include trampolines, pools, treehouses, heavy machinery, scaffolding, and abandoned vehicles. 

Determining Liability When an Injury Results

If a child is hurt while attempting to explore an attractive nuisance, the owner is not automatically liable. Under personal injury law in Iowa, the child’s legal team must prove that the defendant knew or should have known that children were likely to trespass because of the attractive nuisance. They must also prove the victim is too young to understand the risks that the item posed and that these risks outweigh any hardship the defendant would face if he or she took steps to make the property safer.  

If your child was hurt because of an attractive nuisance and you want to hold the property owner financially accountable, turn to the personal injury law team at Cronin Skilton & Skilton, P.L.L.C. From their offices in Nashua and Charles City, IA, they provide comprehensive counsel in estate planning, bankruptcy law, civil litigation, wrongful death, and tax law. Established in 1934, this firm has become a fixture of Floyd County because of their unwavering commitment to protecting their clients’ best interests. To request a case review with a compassionate personal injury law attorney on their team, call (641) 435-2462 or fill out the form on their website.