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What constitutes an attractive nuisance?

On Behalf of | Aug 4, 2021 | Personal Injury

Premises liability is an area of law that covers accidents that happen on properties of other people. For example, when a Louisiana resident stumbles down the steps at a neighbor’s house because of their loose bricks, the victim may be able to sue the homeowner under premises liability law for the recover of their slip and fall damages. Generally, premises liability laws require property owners to maintain their land and properties in reasonably safe conditions and to warn and fix when there are dangers present.

However, there is one category of individuals who may not understand property dangers and how their safety may be impacted by hazards: kids. Children are curious and can wander onto the property of others and suffer serious injuries even when they should not be where they are hurt. Often, children are hurt in premises liability incidents because of attractive nuisances on properties.

What is an attractive nuisance?

An attractive nuisance is a property feature that is dangerous to children but may entice them to come near it. Ponds, fountains, swimming pools, old farm equipment, and other such items may all be considered attractive nuisances. When a property owner has an attractive nuisance on their land, they may face problems if children attempt to access them and are hurt.

Does trespassing impact attractive nuisance claims?

Readers may be aware that when adult trespassers get hurt on the properties of others, they generally do not have rights to seek the recovery of their damages. That is because they were not supposed to be where they got hurt and therefore should never have put themselves in a position to suffer injuries in premises liability accidents. However, children are granted special considerations under the law because they may not understand what it means to trespass or what should be done to stay safe.

When a child is hurt in a property-based accident, the results can be devastating. Families can suffer significant losses caring for and providing support to children who have suffered serious injuries. Legal professionals who work in the personal injury field of law can provide excellent counsel to individuals and their families after suffering losses in premises liability accidents.