Attractive Nuisances: Four Things to Know
January 18, 2016 @ 9:37 am
While many legal issues are not a concern for most people on a daily basis, there are some matters that average citizens need to take into consideration. Some of the most prevalent legal issues that may affect you are known as attractive nuisances.
1. What Are Attractive Nuisances?
Attractive nuisances are a special part of tort law. Tort law covers a wide variety of personal injury issues in civil jurisdictions. Legally speaking, attractive nuisance applies to cases of trespassing. Often times, trespassing is the crime worth pursuing, but there are special circumstances in which the trespasser may be the victim. This occurs when the property being traversed is dangerous and attractive. Both of these factors must exist in order for attractive nuisance laws to apply. In essence, if the property has an appealing feature such as a pool or other feature that attracts attention without proper safeguards in place, trespassers may be legally able to sue the property owner if injury is incurred from these attractions. Attractive nuisance laws are designed specifically with children in mind, and they require homeowners to take active measures to safeguard all parts of their property.
2. How Do Attractive Nuisances Affect You?
Most homeowners do not realize that they may be leaving themselves open to an attractive nuisance case. Because of this, any home feature that may result in injury to children is legally required to be protected. This means that fences should be in place and locks should be maintained. Open water features should be covered, and access to high places must be obscured. Ultimately, even though these features are on your property, you must consider the possibility of children coming onto your property without your knowledge and take precautions accordingly. When attractive nuisance cases are taken to court, the amount of effort the homeowner has taken to make the attraction safe is a large factor in determining the legal outcome. Homeowners who take minimal measures to prevent injury are more likely to be held legally responsible during court proceedings.
3. What Are Legal Examples of Attractive Nuisances?
Water features are the most common attractive nuisances. This includes pools, ponds and fountains. Overgrown paths or steep stairs can also be considered attractive nuisances. Any walls or tunnels on the property can lead to cases as well. Even equipment or machinery such as lawnmowers can result in injury and lead to an attractive nuisance case. Homeowners are also responsible for keeping any animals on the property in a safe location due to the nature of these laws. Homeowners should consider every part of their property and weigh its appeal to children. If there is reason to think that children may want to climb your wall or pet your dog, then you need to take proper precautions to protect potential trespassers from harm.
4. What Legal Support Do You Need for Attractive Nuisances?
If someone is injured on your property, then you should consult a personal injury lawyer immediately. Fortunately, the team at Morrow, Morrow, Ryan & Bassett is here to help. With over 40 years of legal experience, this team of trial lawyers takes pride in helping clients with all types of personal injury. Whether you have suffered injury or have had a trespasser get hurt on your property, find the personal injury lawyer you need at Morrow, Morrow, Ryan & Bassett.
