As a general rule, property owners aren’t responsible for personal injuries sustained by trespassers, but the law makes an exception for young children who might be attracted by special features, such as swimming pools, hot tubs, or large machinery. These features are known as “attractive nuisances,” and property owners have a legal obligation to take measures to protect kids who may be too young to understand the dangers and the legal principles of trespassing.

What Is an Attractive Nuisance?

An attractive nuisance is essentially any condition on the property that poses an inherent danger to children, and which will likely attract their attention. Swimming pools are a common example, which is why homeowners in most areas are required to secure their property with a fence and locking gate. Treehouses, abandoned barns, and playground equipment can also be considered attractive nuisances, along with any other feature upon which kids would like to play.

Proving Liability for Attractive Nuisances in Georgia

In Georgia, property owners are liable as long as they knew, or should have known, that children were likely to trespass, and that the condition on their property posed an unreasonable risk of bodily harm. To collect compensation, personal injury victims must also show that the burden of reducing the risk was slight, compared to the risk to children, and that the property owner did not take the necessary precautions. These special protections only extend to children who are too young to understand the dangers, not teenagers or other trespassers.

If your child has suffered personal injuries on someone else’s property, the legal team at Goddard & Hammontree LLC have the expertise and resources to hold the liable parties accountable. They have nearly 60 years of combined legal experience serving families throughout Georgia, always working directly with their clients to achieve the best possible results. To schedule a free, no-obligation consultation with a personal injury attorney, visit their website now or call their offices at (706) 278-0464.