Most property owners are aware that they must take certain steps, such as maintaining their walkways and outdoor stairs, to keep a visitor safe from personal injury. However, few people realize that they also have a duty to protect unintended visitors, such as wandering and curious young children, against harm due to attractive nuisances. If you’re unfamiliar with this terminology, use this guide to discover what this part of property law entails.

What Are Attractive Nuisances?

Attractive nuisances are hazards that could attract young or curious children and passersby to a person’s property. Due to their natural inquisitiveness, kids may be drawn to features such as wells, swimming pools without fences, and heavy machinery—even if they’re located on private property. Typically, these hazards are artificial structures and would not include ponds, steep slopes, or other natural landscape features.

Who Is Held Liable for Personal Injury?

The party responsible for injuries that occur as a result of an attractive nuisance varies based on a few key factors. Under Alabama state law, homeowners must not willfully injure trespassers, and if the property owner becomes aware of the trespassing party, they must warn them of any onsite hazards. Unless the trespasser is a child, these are the only obligations Alabama homeowners have towards trespassers.

In the event a young child wanders, uninvited, onto your private property and gets hurt, you would only be found liable if certain criteria were met. For instance, there must be a known dangerous instrument or condition on your property, and it must be expected that a child would be attracted to it.

The child must also be unaware of any risks associated with the object and receive no warning to avoid it. Property owners should be cautious about the objects and features they keep on their property. Consider installing barriers, like fences, and proper signage to warn off intruders and potentially protect yourself from a lawsuit.

If you or a loved one has sustained a personal injury on someone else’s property due to an attractive nuisance, the team at Bennett Law Firm can help you seek justice. This team has more than 20 years of experience serving injured persons throughout the state of Alabama. These attorneys are committed to pursuing the best possible outcomes for their clients. Find out more about their legal expertise online, or call (334) 261-4400 to schedule a consultation.