Many states have what are called “attractive nuisance” laws to protect children from potential accidents. Attractive nuisances are features on a person’s property that are likely to attract children into dangerous situations. For example, a swimming pool would be considered an attractive nuisance because a child might wander onto a property to go swimming and accidentally drown.
Other examples of common attractive nuisances include the following:
- Dangerous animals
- Construction equipment
Attractive nuisance laws are designed to get property owners to take certain precautions to prevent children from wandering onto their land and getting harmed. If a child does get injured because of an attractive nuisance, the parents of the child are able to sue the property owner for damages, particularly if the accidents could have been prevented entirely with more diligence.
To pursue a premises liability case, parents must be able to prove a possibly dangerous condition existed on the property, the owner created or maintained the hazardous condition, the owner known or should have known children would have been attracted to the property because of the condition, and the property owner knew or should have known children would likely be injured by the condition.
Likewise, the doctrine was designed to protect children regardless of their status as a trespasser. A landowner has the additional duty of care to a child trespasser in particular because the child has neither the maturity nor the good judgment to protect themselves from harm. However, this law would not apply if a person couldn’t predict the presence of children or if measures to protect children would place a heavy burden upon the owner’s unrestricted use of the land.
If your child was harmed by an attractive nuisance, don’t hesitate to give our skilled Pocatello premises liability lawyers a call. May Rammell & Thompson has more than 70 years of combined legal experience to offer your case in addition to a dedication to the pursuit of justice. Let us see what we can do to recover compensation for your child’s medical bills and pain and suffering.
Contact us at (208) 623-8021 or fill out our online form to schedule your case consultation today.