An “attractive nuisance” is something on your property that draws children in but threatens them with harm. A doctrine in tort law under which states: “a landowner may be liable for injuries to children who trespass on their land if the injury results from a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition.”
The law puts a responsibility on a property owner to take precautions to protect children who may come on to your property.
For example, a swimming pool or man-made pond could be considered a liability.
If a homeowner has these man-made nuisances on their property, they must take proper precautions such as a fence around the pool. If a child were to climb that fence and get into the pool, the property owner would likely not be held liable.
Typically, the attractive nuisance doctrine has three components:
- The law expects children to not fully comprehend the dangers they may face on someone’s property.
- If you think children might come onto your property, the law places a special responsibility on you to prevent harm.
- If you fail to meet this responsibility, you will most likely be held liable for the child’s injuries.
Property owners have a duty to effectively manage, supervise and operate their property to protect the public from unnecessary risk of harm. If they fail to do so, and someone gets injured, a premise liability case may exist.
Attractive nuisance claims require great attention to detail, research and investigation.
One thing victims can do to help build their case is to preserve any evidence they can of the scene/time of accident.
- Notify property owners of the incident immediately. Whether it was at a person’s home or a public place such as restaurant, it is key to document the incident right away.
- Take as many pictures as you can of the scene.
- If possible, obtain witnesses information.
- Seek medical treatment. The injuries will then be reported in your medical records which can be used for your claim.
- Contact an experienced premise liability attorney to help build your case.
A person does have a general responsibility to be aware of his or her surroundings, but if you are injured on someone else’s property because of a hazard that the owner should have been aware of or was aware of and ignored, you may have the right to compensation for your injuries. Do not immediately assume the blame.
Recovering compensation after an injury.
For a free legal consultation, call 412-661-1400
It is always a property owner’s responsibility to keep their premises safe. If you have been injured on someone else’s property, contact an experienced personal injury attorney right away. It is important when pursuing a premise liability claim to collect evidence before any repairs are made or any materials are disposed of. Contact the personal injury attorneys at Berger and Green at 412-661-1400 for a free no obligation consultation.