Attractive Nuisance: Definition, Types, & Examples
You may be wondering whether or not you have an attractive nuisance case. Wait, a what? Not everyone knows or understands what is referred to by an “attractive nuisance,” or how it applies to legal matters. But that’s okay. That’s why there are lawyers – to help you in your understanding, to let you know whether or not you have a legal case, and to fully represent your rights against insurance companies, in the courts, and more.
For the best chance of success in your attractive nuisance case, you will want to discuss your circumstances with a Los Angeles premises liability lawyer.
To offer a better understanding of attractive nuisances and what they can entail, here are some attractive nuisance examples.
What Is An Attractive Nuisance?
As an explanation of an attractive nuisance and the attractive nuisance doctrine, the following applies:
If you have something on your property that might look inviting and draws children in – but is, in reality, harmful – it may be considered an “attractive nuisance”. When this is involved in a personal injury, liability issues are usually associated, as well.
When, on the property of another, the owner allows a dangerous condition to exist or occur, this may qualify as premises liability.
Particularly where children are concerned, the law assigns property owners a special responsibility. The term “attractive nuisance doctrine” is how this duty is generally referred to.
The Three Components of The Attractive Nuisance Doctrine
- The law realizes that impending dangers that could possibly be faced are not always comprehended fully by children.
- To prevent injuries that could potentially occur on a premises, the law may place a special responsibility on the property owner.
- If this responsibility is not met, for any injuries that occur on the premises, the property owner may be held liable.
Common Attractive Nuisances
A homeowner may be responsible for injuries if they occur as the result of one of these typical attractive nuisances:
- Roof tops, ladders, scaffolding
- Broken safety gates or unsafe landscaping
- Stairs and paths
- Dangerous animals
- Tunnels
- Wells
- Gasoline pumps, lawnmowers, and other machinery
- Fountains
- Tree houses
- Trampolines
- Swimming pools
Will Posted Signs Protect a Property Owner?
Though helpful, safety or warning signs don’t guarantee a property owner will not be held liable for any injuries that occur on their property. Clear, effective steps must be taken by the property owner to stop children from attractive nuisance access.
Prevention
The best course of action for property owner to protect against attractive nuisance lawsuits is to do the following:
- Give fair warning to parents of children
- Post signs that are clear and precise (though signs alone aren’t enough)
- Enclose any attractive nuisances in a shed, within high walls, etc.
- Fence up any attractive nuisances
- Lock up any shed or structure containing attractive nuisances
Anything you do to protect children from attractive nuisance incidents should be documented; take pictures, make videos, keep receipts, and more.
Do You Need a Premises Liability Lawyer To Represent You in an Attractive Nuisance Case?
Was your child injured on someone else’s property or on the property of a company? Do you feel that the incident occurred because of an attractive nuisance? You may be entitled to just compensation if your child was injured due to the negligence or at the hands of someone else.
Your best bet is to retain an experienced, knowledgeable personal injury attorney. Don’t try to battle insurance companies, deal with court proceedings, file all the necessary paperwork, and more on your own. You need someone in your corner to stand up for your rights. You need The Ryan Law Group.
By filing a personal injury claim against the party at fault, we can help you secure compensation.
Call us toll-free at 855-RYAN-LAW, or use our local number, 310-299-9550. The important thing is that you make the call.
Schedule a free consultation with us today to see how we can be of service.