“Attractive nuisance” is a legal term that defines conditions that could potentially harm a child if they happen to wander onto another person’s property. Attractive nuisance cases are a type of premises liability claim that excuses the concept of “trespassing” because a child is the injury victim. Property owners are expected to secure anything at their residence or business that could potentially attract and harm a child, such as a pool that is not fenced in.
This expectation of safety does not mean that a property owner is at fault in every premises liability case. Victims (rather, their parents) still must prove the negligence of a property owner in order to recover compensation through a premises liability claim. These cases usually rely on the establishment of a property owner’s awareness of danger, and their failure to prevent that danger.
Awareness of a Danger
In most personal injury cases, there must be some kind of proof that a defendant knew that what they were doing was dangerous. When proving fault in an attractive nuisance case, there are two parts to demonstrating a defendant’s awareness of a hazard: They must have known that something on their property was dangerous and that a child could potentially be harmed by it.
A pool that is not fenced in is a prime example of this. A property owner would be aware that having an unfenced pool could present a risk of drowning, and if the homeowner has neighbors with children, that risk to children should be apparent. It is very possible that a child could wander into a nearby yard and drown if that yard has an open pool.
Failure to Maintain Their Property
In addition to proving that a homeowner was aware that their property was potentially dangerous, a plaintiff must also prove that the defendant failed to minimize that danger. Not fencing in a pool is an obvious example of this, but could also include not cleaning up a worksite, leaving open holes in a yard, and other hazards.
If you have a premises liability claim, contact Christian & Christian. We can help you build a case and recover the compensation you deserve.
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