Attractive Nuisance Law - Property Dangers to Children

To qualify as an attractive nuisance, the condition on the property must be artificial. Moreover, it should be attractive to children, who are unable to assess its risk. If something is attractive enough to lure a child into your property to investigate it, it qualifies as an attractive nuisance. When a child is hurt on an attractive nuisance, it is vitally important to understand how evidence will be collected for a court case.

Attractive Nuisance: Classification and Protection

As children are naturally curious and want to investigate new objects almost anything can be classified as an attractive nuisance. Swimming pools, trampolines, machinery, abandoned cars, are all attractive to children who are curious about new things. It is the property owner’s responsibility to ensure that trespassing children do not harm themselves in such cases.

In such cases, the owner of the property is liable to pay personal injury damages to a child injured or harmed by the attractive nuisance. This is all the more so if the owner has not taken reasonable precautions to keep the children away from the attractive nuisance.

The clause about the nuisance being artificial protects the owner from having to pay damages in case of injuries caused by climbing trees or natural cliffs on their property. Natural water bodies such as ponds and lakes are also exempt from this law.

Ways of Reducing Dangers

Though trespassers are not normally entitled to protection from injury, trespassing children are an exception. The land owner must take adequate precautions to ensure their safety while on their land. Warning the parents of the children about the presence of an attractive nuisance is one of the many precautions that a landowner can take to reduce danger to the children and bring down the liability. Learning a few inside tips on protecting yourself from court cases can save you time and money.

An attractive nuisance can be a liability when you want to sell your property as well. It diminishes the value of the property as it needs to be secured. Potential buyers might be put off by the presence of an attractive nuisance on your property.

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