What to Know About Attractive Nuisances
Posted September 1st, 2023.
Attractive nuisances are a common source of injuries. Simply put, these are hazards that are particularly good at garnering attention from children. This means that a kid sees the hazard, but they do not treat it with the deference an adult would. A great example of this is a swimming pool. A kid sees summer fun, not potential danger. If your child is hurt by an attractive nuisance on someone else’s land, then you may be able to sue for damages. A Cherry Hill personal injury attorney can help.
Why Do Children Need to Be Treated Differently?
The law treats children differently because it is generally understood that a child’s sense of danger is not going to be as well-tuned as an adult’s. An adult is probably not going to step onto someone else’s property just because they saw something interesting. A child is far more likely to do something like that, and they need to be protected.
What Kinds of Attractive Nuisances Can a Property Owner Be Accountable For?
All kinds of hazards can be attractive nuisances. Some of the most common ones include:
- Lawn equipment and other machinery
Basically, if you can picture a kid seeing something and thinking that they would want to interact with it, it can probably be considered an attractive nuisance. You need to take special care to keep people away.
How Can a Property Owner Keep People Away from Attractive Nuisances?
Unfortunately, just putting up a “No Trespassing” sign usually is not sufficient. A property owner needs to show that they have made a serious effort to protect anyone on the property from attractive nuisances like trampolines or wells. They can do this by:
- Putting up fencing
- Installing locked gates
- Putting away any potentially harmful machinery
- Ensuring that no one has access to the roof of their home, scaffolding, a tree house, or any other high point
If your child is hurt on someone else’s property and it is clear that they have not made any efforts to take actions like these, then you probably have a personal injury lawsuit on your hands.
What if My Child Was Trespassing?
You can sue even if your child was trespassing. This is because children are owed special care under the law. So if somebody has something on their property that they know could be enticing to children, it is their responsibility to protect them from it even if they are not inviting any kids onto their land.
Schedule a Legal Consultation
So if your child was injured by one of these attractive nuisances and you believe that the property owner should have done more to deal with hazards on their land, you can contact the Law Offices of Mark S. Guralnick. We can look over the facts of your case and talk more about your potential legal options and whether or not pursuing compensation is a possibility.