Who is protected from attractive nuisances?

little girl running in a backyard with white picket fence enclosed

It is a known fact that children love to explore. However, they often fail to comprehend the potential dangers that surround them. Therefore, when they notice something compelling, they are enticed to enter another person’s property to check it out despite the inherent risk. Because specific items can both draw children in and threaten them with harm, property owners have a special responsibility to provide reasonable care to reduce the chances of damage to young children. If your child has been injured on another person’s property due to negligence, contact an adept Morris County Slip & Fall Attorney who can help you understand your legal options. Please continue reading to learn about the attractive nuisance doctrine. 

What is an attractive nuisance?

An attractive nuisance is an appealing object that may present a danger to children who encounter it. If something on your property is particularly inviting to children, it is your legal responsibility to take the necessary precautions to mitigate the risk of harm. Under the attractive nuisance doctrine, the law recognizes that children require special protection as they do not fully comprehend the potential dangers they may face when entering someone’s property. Therefore, property owners must take reasonable steps to reduce the risk of injury to children who may enter their property. Property owners can be liable for damages if they fail to meet this legal responsibility.

Are children on your property trespassing?

It is critical to note that the law does not view children as trespassers. The law holds children to the same standard as invitees on a property. That said, if a child comes onto your property uninvited, you can still be held liable if they get hurt due to an artificial condition on your premises. An artificial condition is considered anything that has been added to the land. Essentially, it is not natural, like a tree or pond. Artificial conditions may include swimming pools, treehouses, trampolines, machinery, and discarded appliances.

Property owners often wonder how they can avoid liability regarding attractive nuisances. Ultimately, they must provide reasonable care, which includes enclosing their property to deter children from entering, fencing their swimming pools, posting “no trespassing” signs around their premises, and asking the child to leave. It is also imperative to understand that the law considers that children can be easily hurt due to apparent dangers, which is why a parent or guardian must supervise them. Generally, the law presumes children know certain risks, such as sharp objects, hot water, falling from high heights, touching fire, and approaching animals.

As you can see, children are typically drawn to things like swimming pools and other potential dangers on properties. If your child has suffered an injury due to an attractive nuisance, contact a seasoned Morris County slip and fall attorney from Lutz Injury Law who can help you fight to obtain the rightful compensation you deserve.

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