As a property owner, if you have a pool, trampoline, playground, or any other items that can both draw children in and threaten them with harm, you must take reasonable steps to reduce the risks of injury as you hold a special responsibility to protect children from injury. This is due to the attractive nuisance doctrine, which holds property owners liable for damages to children trespassing on the premises if the injury was caused by a hazardous condition likely to attract children. If your child has been injured on someone else’s property due to negligence, contact a talented Birmingham Slip and Fall Lawyer who can help you navigate your legal options to secure the fair compensation you deserve.
What is an attractive nuisance?
An attractive nuisance is something on a property that inherently draws children in as it looks inviting but can cause injury. Essentially, this doctrine states that if you have something on your property that could draw children in or looks inviting or exciting to them but can be harmful, you could be held liable if a child is injured on your property, even if they were trespassing. The law places a special responsibility on property owners. They must take reasonable steps to mitigate the risk of harm to children who may enter their property with or without permission.
Although many objects may seem enticing to children, the court requires that they are considered an attractive nuisance to be a maintained artificial object for property owners to be liable for injuries. Therefore, lakes, cliffs, carbon monoxide in a shed, or small things that can be choking hazards like acorns cannot be considered attractive nuisances. The court also recognizes that young children are often too young to understand the risks of their actions, which is why a parent or guardian must supervise them. Furthermore, the attractive nuisance doctrine is not limited to young children as some states consider minors under 18 to be deemed as children in the eyes of the court.
How can property owners protect themselves from liability?
Property owners must take the necessary precautions to protect children from being injured on their property. This does not necessarily mean they have to childproof their property. However, they can take basic steps like building a fence around their pool, storing pool chemicals out of children’s reach, and having a first-aid kit nearby. Ultimately, there are several ways in which property owners can protect children from being injured while on their property, whether they are invited or not.
If your child has been injured due to a property owner’s negligence, contact a determined lawyer from Alabama Personal Injury Lawyers, LLC, who can help you fight to obtain the just compensation you deserve.