What Is Considered an Attractive Nuisance?

What Is Considered an Attractive Nuisance?

Attractive nuisances are property features that pose injury risk to young children who are unable to recognize the danger they present. Even if the child has been harmed while he or she was trespassing, the property owner can still be held liable for the accident. Property owners have a responsibility to recognize and secure potential threats on their property. If they fail to do so and an injury occurs as a result, an attractive nuisance claim can be brought against them.

Common Attractive Nuisances

Young children are often drawn to objects or property features that pose a significant risk. Often, these attractive nuisances are property features that – with the proper supervision – are intended for use by children. Unfortunately, children are sometimes unable to recognize the dangers that surround these property features when they are unsupervised.

Some of the most common attractive nuisances are:

  • Swimming pools
  • Playground equipment
  • Tool sheds
  • Abandoned appliances
  • Sandboxes
  • Trampolines
  • Abandoned cars
  • Construction equipment

How Can I Protect Myself from an Attractive Nuisance Claim?

If you have one of the attractive nuisances listed above on your property, it is your responsibility to take preventative measures to ensure access to these property features is not possible for a young child. For example, if you have a swimming pool, you need to take the necessary measures to ensure that it cannot be accessed easily. If you don’t have a safety fence surrounding the pool, do you have a lock on the gate leading to your backyard? The changes you need to make are not always expensive. Take the time to evaluate your property and make sensible changes where you see risk.

If you believe the negligence of a property owner has caused harm to your child, our firm can help. We will evaluate the circumstances surrounding the accident and will craft a plan for pursuing compensation. Begin with a free case evaluation. Call (434) 738-2300 today.

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