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What is an attractive nuisance?

| Jan 26, 2021 | Premises Liability |

Because children tend to be unaware of many dangers and risks, they can easily get hurt if they fail to see the potential harm in certain objects, locations and activities. Features on properties that can pose harm to unsuspecting children may be classified as attractive nuisances. In attractive nuisance cases, property owners may be held liable if kids get hurt on their property.

Natural vs. man-made property dangers

Children who hurt themselves because of dangerous conditions or items on someone else’s property do not always carry responsibility for their own harm. When a property feature is under the maintenance and control of a property owner, then that owner may be to blame for the child’s injuries. Generally, man-made hazards should be properly maintained by property owners and are considered attractive nuisances. Some common examples include:

  • Swimming pools
  • Outdoor tools like lawn mowers and chainsaws
  • Guard dogs
  • Building equipment like scaffolds and ladders
  • Landscaping features
  • Paved walkways and patios

Dangerous property features that occurred naturally, such as cliff faces or lakes, may not be considered attractive nuisances since property owners cannot remove or maintain these natural features.

Steps to take when a child is harmed by an attractive nuisance

When a child gets hurt because of an attractive nuisance, their parents may be unsure of what steps they should take to protect them. A victim of any type of personal injury accident such should seek medical care immediately.

The parents or guardians of injured children can speak with personal injury attorneys about premises liability to understand their rights and options for seeking compensation.

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