Attractive Nuisance Accidents

Premises liability laws allow various types of entrants the right to sue the property owner if they are injured on their property. The types of entrants typically protected under this are invitees, who have the highest degree of protection, and licensees, who have the next highest degree. Typically, trespassers are not protected by premises liability laws. The exception to this is described in the “attractive nuisance” doctrine when the trespasser is a child that is drawn to an attractive feature of the property, such as a playground or a swimming pool. When they are injured, the child’s parents are able to sue the property owner under this attractive nuisance doctrine.

When does the attractive nuisance doctrine apply?

Specifically, the attractive nuisance applies under certain conditions. First, it applies if the property owner knew that there was an attractive feature on their property to children. Then, if the owner knew of a hazardous condition on the property to children. The child must also be young enough to not comprehend the potential danger involved, and the owner did not take reasonable steps to prevent such an accident. If all of these aspects are present, then the parents can sue the property owner for the injury that the child suffered.

Injuries can be anything from a playground accident to a swimming pool accident to an animal attack. Kids can get seriously injured in any of these cases since they cannot recognize potential danger right away. This is why property owners are held liable for negligence when they do not take the proper steps to prevent harm to children, or anyone, for that matter. With the help of an attorney, you will be able to get justice for your child and compensation for the expenses that have followed.

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