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In the state of Ohio, property owners must keep their premises free of any hazards to ensure the safety of licensees and invitees who visit lawfully. Although this duty of care does not typically extend to trespassers, there is one major exception regarding children and attractive nuisances. If your son or daughter was hurt on someone else’s property because of an attractive nuisance, a personal injury attorney can help you prove liability. In the meantime, here's what you should know about attractive nuisance claims. 

What Does the Law Say About Attractive Nuisances?

In 2001, the Ohio Supreme Court adopted a doctrine regarding attractive nuisances. It essentially states that property owners can be held liable when a trespassing child gets hurt on their premises because of an attractive nuisance. An attractive nuisance is a potentially hazardous object, feature, or condition that’s likely to draw children onto the premises.

personal injury attorneySome of the most common examples include swimming pools, trampolines, koi ponds, tree houses, and playground equipment. Temporary objects, like broken refrigerators that will be picked up by sanitation workers, could also be considered attractive nuisances. If there’s an attractive nuisance on the premises, the property owner must take reasonable measures to prevent serious injury to all who enter—including young trespassers. 

How Do the Courts Determine Liability When Attractive Nuisances Cause Injury?

If a child gets hurt by an attractive nuisance while trespassing on someone else’s property, the courts will consider a variety of factors when determining liability. Generally speaking, the property owner will only be deemed responsible if he or she failed to take the appropriate steps to prevent such accidents. Additionally, the child must have been too young at the time of the incident to appreciate the risk involved in trespassing. 

In other words, if a group of teenagers hops the neighbor’s fence to go swimming in the pool, the court will probably dismiss any personal injury claims that result. Not only was installing a fence a reasonable measure, but the teens were old enough to know better. If, on the other hand, a 5-year-old falls into a koi pond that was unsecured in the front yard, a personal injury attorney could likely gather sufficient evidence of the property owner’s liability. 

 

If your child or grandchild was hurt because a negligent property owner failed to secure an attractive nuisance, turn to the personal injury attorneys at Lane, Felix & Raisbeck CO, LPA. Founded in Cincinnati in 1982, this firm offers a broad range of legal services for individuals and businesses throughout Ohio and Kentucky. As such, you can turn to them for virtually all your legal needs. Whether you need help finalizing a real estate transaction or navigating probate, you can count on their seasoned team for expert guidance every step of the way. To explore all their practice areas, visit their website. To schedule a consultation with a personal injury attorney on their team, call (513) 922-7700. 

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