Premises Liability and the Law of Attractive Nuisance

Premises Liability and the Law of Attractive Nuisance

Posted By Maher Law Firm || 22-Jul-2017

As a whole, premises liability holds owners and residents liable for accidents and injuries that occur on their property. While this legal concept applies to everyone, children are entitled to extra legal protections. The attractive nuisance doctrine states that a landowner may be held liable for any injuries sustained by children trespassing on their land, if the injury is caused by an object that is likely to attract them. The doctrine is designed to protect children who are unable to anticipate the risk posed by these objects.

Children are curious by nature and have a desire to learn about the world around them first-hand; unfortunately, that can sometimes land them in dangerous situations when unsupervised. A front yard or property littered with discarded appliances or abandoned cars may pique a child’s interest, but what unforeseen dangers lie in these conditions?

Examples of Attractive Nuisance

Below is a list of common dangerous objects and hazardous conditions, although the doctrine can be applied to virtually anything on the property of the landowner deemed “attractive.”

  • Swimming pools
  • Abandoned cars
  • Discarded appliances
  • Trampolines
  • Piles of sand
  • Holes in the ground
  • Wells and tunnels
  • Dangerous animals
  • Paths and stairs

Basic Elements of an Attractive Nuisance Claim

In order to pursue an attractive nuisance suit, there are several elements that must be present:

  • A dangerous or potentially dangerous condition exists on the property that may cause injury to a child
  • The potentially dangerous object is attractive enough to lure a child to the area
  • The child is too young to adequately understand the potential dangers
  • The dangerous object is unguarded or exposed, allowing easy access
  • The property owner did not take reasonable steps to prevent an injury on their property

Contact The Maher Law Firm to Schedule a Consultation Today!

If your child was injured on someone else’s property due to negligence, you may be able to pursue a premises liability or attractive nuisance case. Contact our Orlando premises liability attorneys at The Maher Law Firm today! Our firm can help you obtain compensation to cover medical care, rehabilitation costs, and pain and suffering for you and your child.

Call (855) 338-0720 or contact us online to talk to an attorney.
Categories: Personal Injury
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