Children love to explore. They only need their imagination and are off to their next adventure.
Because their young brains are still developing, they don’t always recognize when something is dangerous. That’s especially true when they’re having fun.
The attractive nuisance doctrine
Anything on your property that may attract children and pose a risk is considered an attractive nuisance. Swimming pools, construction sites and trampolines are typical examples of something that seems fun and inviting but can also be dangerous. The attractive nuisance doctrine states that property owners are legally responsible for securing their property to protect children from injury. Failure to secure their premises could make the owner liable if a child is hurt.
It’s important to note that natural features such as ponds, lakes and hills are not considered to be attractive nuisances.
Many landowners believe placing “No Trespassing” signs throughout their property will protect them from liability. However, children are treated differently than adults when it comes to trespassing. Many feel that any child under the age of six shouldn’t be held responsible for trespassing; However, much depends on a child’s mental and emotional maturity.
In addition to posting signs, property owners need to take additional steps, including:
- Installing barriers such as fences or locked gates
- Inspecting the property for new risks and addressing them promptly
- Keep structures such as old buildings, vehicles and appliances locked and inaccessible
If your child is injured on another person’s property, the first step is seeking medical attention. Afterward, it’s essential that you take pictures and document the circumstances under which your child was injured. If it was due to the property owner’s negligence, you may be eligible for compensation for your child’s injuries.