Property owners have a legal obligation to maintain their premises to a reasonable standard for invitees and licensees. When it comes to trespassers, they’re not liable for injuries sustained on the premises. However, property owners have a duty to protect children, including those who might be trespassing, from attractive nuisances on their premises. If they neglect this duty and a child gets hurt, they could face a personal injury lawsuit.

What is an attractive nuisance?

An attractive nuisance is a feature that’ll draw the attention of children, regardless of whether they’ve been invited onto the property. Two of the most common attractive nuisances are swimming pools and trampolines, but there are several other features that fall under this category, like treehouses, junk cars, farming equipment, and animals. If there’s an attractive nuisance on the property, the owner must take reasonable measures to prevent injuries if children trespass.

Who’s liable if a child is injured?

When children are hurt by attractive nuisances, their family may have grounds for a personal injury suit against the property owner, even if they were trespassing at the time of the accident. In Kentucky, children younger than 14 are afforded legal protection under the attractive nuisance doctrine. The law presumes that children over 14 can comprehend when something may or may not be dangerous, thereby releasing property owners of liability if they get hurt while trespassing.

For children under 14 to recover compensation, their legal team must prove that the property owner knew or should have known about the feature’s potential to cause harm. They must also prove that the owner failed to implement reasonable safety measures despite this knowledge. 

If your child was injured on someone else’s property, turn to the personal injury law team at The Curt Davis Law Office. Based in Somerset, KY, this firm is proud to represent clients throughout the Pulaski, Wayne, and McCreary counties and specializes in several areas of practice, including bankruptcy, auto accidents, personal injury, wills and estates, and workers compensation. Led by accident lawyer Curt Davis, who has more than 30 years of experience, this team has established a reputation for fighting tirelessly on behalf of injured parties. Send a message online or call (606) 678-2525 for a free initial consultation about your case.