In legal terms, an attractive nuisance is any property feature that may appeal to children and, in turn, cause a personal injury. The law offers a way to hold owners responsible for the costs associated with a personal injury sustained from an attractive nuisance on their property. Below is an introduction to this subject, as well as some ways a personal injury lawyer can help if your child has been injured in an attractive nuisance situation.

Proving an Attractive Nuisance in Missouri

Missouri has specific legal guidelines that must be met to successfully prove a claim of attractive nuisance. The five points that establish liability are:

• The owner understood that children would be likely to trespass on the property
• The owner knew or should have known that the attractive nuisance would be appealing to children
• The owner did not offer sufficient protection for children
• The risk of not protecting children from the attractive nuisance outweighs the effort necessary to provide such protections
• Children were less able to see the attractive nuisance as dangerous

It does not matter if the child was trespassing on the property or if they were invited. If the child was injured and the above five points can be proven, the owner may be found liable for damages.

Examples

Attractive nuisances can take many different forms, but recreational equipment like swing-sets, trampolines, and jungle gyms are among the most common. Pools are also often considered attractive nuisances, as are other water features like ponds and fountains. Children can be drawn to more unexpected items as well, including old appliances, junk cars, construction projects, and wells.

What to Do

If your child has been injured by an attractive nuisance, first and foremost get them medical attention. Then, contact a personal injury lawyer. They will advise you on the next steps to take, but you may be asked to gather the child's medical records, take photos of the nuisance in question and the surrounding property, and obtain contact information for any witnesses to the accident. This documentation will help your personal injury lawyer establish the five points mentioned above. Your attorney will also handle all communication with the liable party, their insurer, and their attorney.

David Schmidt of Woodlawn Law Offices is a personal injury lawyer who has been serving St. Charles County, MO, for more than 25 years. He also handles workers' compensation, Social Security Disability, family law, and estate planning cases. Schedule a consultation by calling (636) 240-6667 or visiting his office's website.