Kids are curious creatures, but all that natural curiosity can lead them into dangerous situations.
Because children do not have the same reasoning capacity as adults, the law places a special emphasis on their protection – and a special obligation on property owners to eliminate or minimze man-made dangers that might lure a child in through something known as the “attractive nuisance doctrine.”
It doesn’t matter if the child is trespassing
Normally, property owners have very little obligation to protect trespassers from harm, but children are an exception when they’ve been drawn to a property because of an “attractive nuisance.” In those situations, the property owner is held to a higher standard – so long as the attractive nuisance is man-made and it’s reasonably foreseeable that children may be curious about it.
In general, attractive nuisances are things like:
- Swimming pools that aren’t locked off and gated to prevent children from sneaking in
- Abandoned cars, appliances or barrels that a child could climb inside
- Jungle gyms, playground equipment and trampolines that are unsecured
- Farm equipment that has been left out where children can access them
- Manmade holes in the ground or construction debris that’s been left uncovered
- Ladders and scaffolds that would allow a child to climb a roof or a tree
When property owners fail to address attractive nuisances and a child gets hurt, the property owner could be liable for damages. This can include medical expenses related to the child’s injuries, pain and suffering – or even a wrongful death claim, should the worst happen. If your child was injured because a neighbor didn’t exercise enough care, it may be time to learn more about your legal options.