My child hurt himself on a tractor. Can I sue the owner?

An attractive nuisance is an object on another person’s property that can create a dangerous condition. Children who are often curious may be enticed by a horse or dog, but the animal has the potential to cause serious harm. The law believes that minors do not have the ability to recognize conditions that may prove harmful. Therefore, the property owner is held to a higher standard to keep their property safe and minimize the risks to children.

Farm Equipment & Liability

The attractive nuisance doctrine makes a property owner responsible for leaving equipment out that may be both attractive and dangerous to children. Even if the child is illegally trespassing, the landowner can be held liable if children become hurt or killed. Some common examples of attractive nuisances can include:

• Swimming pools (property owners should build a fence and cover the pool to avoid liability)
• Tractors and other types of machinery
• Old appliances, such as refrigerators where the child can get trapped inside and die
• Power tools, such as chainsaws left out
• Liquor cabinets where teenagers can get access (these should be locked to prevent you from being held liable)

The basic components of the legal doctrine are:

• A potentially hazardous or dangerous condition exists on the property
• The property owner created the condition, i.e. manmade vs. the result of nature
• The owner should have been aware that it would attract children and cause harm

To minimize their liability, property owners who have farm equipment should take all precautions possible. These might include fencing the area, posting danger or warning signs and making sure the keys aren’t left in the tractor.

When to Sue the Property Owner

Determining who is liable is a key element in any personal injury case. This is often difficult, especially when children are allowed to roam onto another person’s property without supervision. If a jury believes that the child contributed to their injury, the plaintiff may be prohibited from recovering any type of damages. Since the circumstances of each case may be different, you should consult a personal injury attorney for advice.