Understanding Car Accident Claims

Children And Attractive Nuisances: What Parents Should Know

by Lois Gibson

An attractive nuisance is a legal concept that refers to a hazardous condition or object on a property that is likely to attract children and may cause them harm. In the context of premises liability law, property owners have a duty to ensure that their property is reasonably safe for anyone who enters it, including children who may not fully understand the dangers of certain hazards.

Examples of Attractive Nuisances

Common examples of attractive nuisances include swimming pools, trampolines, and construction sites. These types of hazards are considered attractive nuisances because they are appealing to children and may cause serious injury or even death if not properly secured or supervised.

Attractive Nuisance Legal Elements

If a child is injured or killed because of an attractive nuisance on someone else's property, the property owner may be held liable for the harm under the legal theory of attractive nuisance. To establish liability, the injured party must typically prove that:

  • The property owner knew or should have known that the hazard was likely to attract children.
  • The hazard was not reasonably safe for children.
  • The property owner failed to take reasonable steps to prevent children from accessing the hazard or making it safe, such as by fencing it off or placing warning signs.
  • The child was injured or killed because of the hazard.

What Parents Should Do Next

If your child was injured because of an attractive nuisance in your neighborhood or city, the below actions are recommended. 

Seek medical attention: The priority should always be to ensure the child's safety and health. 

Document the incident: It's important to document the incident by taking pictures of the attractive nuisance and the surrounding area, as well as the child's injuries. This can be useful if you need to file a claim with an insurance company or if legal action becomes necessary.

Contact the property owner: You should contact the owner of the property where the attractive nuisance is located, inform them of the incident, and request that they take steps to make the area safe and secure.

Contact an attorney: Contact an attorney who specializes in personal injury cases, particularly if the injury is serious or requires ongoing medical treatment.

Review insurance policies: Review your own insurance policies, as well as the property owner's insurance policies, to determine if there is coverage for the child's injuries.

The safety and well-being of the child should be the top priority. It's important to take appropriate action to ensure that the child receives the necessary medical attention and that steps are taken to prevent similar incidents from happening in the future.

To learn more, contact a personal injury attorney in your area.