Parents do everything they can to instill sound judgment in their children and keep them protected from harm; however, kids remain curious by nature and tend to explore their surroundings. Hawaii law recognizes that this can put children in dangerous situations without them realizing it, especially when they wander onto someone else’s property. As such, the attractive nuisance doctrine was implemented to hold property owners responsible for keeping children protected from personal injury.

A Guide to Attractive Nuisances

What is an attractive nuisance?

Attractive nuisances are limited to man-made conditions and features that attract the attention of a child and lure them onto a property. They can take on many different forms, but the most common items include trampolines, swimming pools, abandoned vehicles, pets, and playground equipment. If a homeowner has an attractive nuisance on their property, they must take the appropriate steps to help children avoid personal injury.

Does the law apply to trespassers? 

While property owners are legally required to maintain a hazard-free environment for any guests invited to visit their property, standard premises liability law doesn’t demand the same duty of care be upheld for trespassers. However, children are the exception to this rule. Under the attractive nuisance doctrine, all property owners in Hawaii must keep their premises reasonably safe for trespassing children.

What if a child is injured by an attractive nuisance? 

Parents and guardians have the right to file a personal injury claim to seek compensation for their child’s injury, but they must be able to prove the following elements: 

• The property owner knew children were likely to trespass.
• The condition on the property posed a hazard.
• The child who trespassed was too young or incapable of understanding the present danger.
• The cost to repair or maintain the condition was minimal in comparison to the risk.
• The property owner failed to take preventative action to eliminate the danger.

If your child has experienced injuries due to a property owner’s negligence, contact the legal professionals at Charles H. Brower and Associates Law Corporation in Honolulu, HI. Their team of dedicated experts will help determine if you have a valid personal injury claim and what your best legal options are for recovering any damages. The legal team also specializes in various areas of practice, including sexual harassment, worker’s compensation, and family law. Send a message online or call (808) 526-2688 to schedule a consultation and discuss your case.