State laws are clear that a property owner is legally responsible for maintaining a safe environment, which means they’re required to take reasonable measures to eliminate hazardous conditions that could cause harm. While this duty doesn’t typically apply to trespassers, an exception is made for children who might not recognize potential dangers. Thus, under the attractive nuisance doctrine, property owners may be held liable if a child is drawn to their premises and sustains a personal injury.

What Is An Attractive Nuisance?  

Under the law, attractive nuisances refer to any man-made feature that poses a risk of personal injury but is intriguing enough to capture the attention of a child. While these can include a wide variety of attractions, some common examples are swimming pools, hot tubs, playground equipment, trampolines, lawn tools, construction equipment, open holes, abandoned appliances or vehicles, and animals.

What Safety Precautions Can Property Owners Take? 

To minimize their liability, property owners must make an effort to remove attractive nuisances from their premises. There are several safety precautions that can be taken, such as installing a locked fence around the pool, keeping lawn tools stored in a shed or garage, making sure construction materials aren’t easily accessible, and covering open holes and tunnel entrances. Property owners who fail to take proper measures to prevent personal injury may be held financially responsible.

What to Do If a Loved One Is Injured

If a child gets hurt while exploring on another person’s property, a personal injury claim may be filed to help cover their medical expenses and other losses. To obtain a settlement or judgment, the plaintiff must demonstrate that the property owner should have known children were likely to enter their premises due to an attractive nuisance. They need to show that the owner was aware that the dangerous condition existed, that the injured child didn’t understand the risk, and that no reasonable action was taken to make the site safe.

If your child got a personal injury on someone else’s property, turn to Goicoechea, DiGrazia, Coyle, & Stanton for sound legal advice and representation. Backed by more than 100 years of combined experience, they have in-depth knowledge of the law and understand what it takes to build a successful premises liability case. Over the years, they’ve helped clients in Elko, NV, and the surrounding areas get the justice and compensation they deserve. Call (775) 738-8091 to schedule a consultation, or visit them online to learn more about their services.