What is an Attractive Nuisance?
Children definitely know how to get into trouble, given their curious nature. Therefore, it is important for property owners to ensure that their property is safe and there are no irresistible features that might lure children into a hazardous situation. Such dangerous enticements are also known as attractive nuisances. If your child was harmed on someone else’s property due to an attractive nuisance on their property, you could be eligible to fair and just compensation for the injuries your child sustained. Do not hesitate to obtain skilled legal counsel.
Defining an Attractive Nuisance
This is a broad category for which the possibilities are near endless. However, the attractive nuisance doctrine is ultimately comprised of the following elements:
- Children cannot fully comprehend the dangers they might face when venturing onto someone’s property.
- When property owners suspect children might be tempted to explore their property, the law holds them to a higher level of responsibility for preventing harm.
- When property owners do not meet this responsibility, they can potentially be held liable for any injuries the child sustained.
What are some examples of an attractive nuisance? They are generally things that might seem interesting to a child. However, lakes, ponds, or other features that are not man-made are not usually considered attractive nuisances. Fountains, pools, lawnmowers or other types of machinery, wells, stairs, and dangerous animals are all very common examples of attractive nuisances.
Of course, this does not mean homeowners cannot have these features on their property. Instead, they are expected to childproof these features in order to prevent accidents and injuries from occurring. For example, if you have a pool on your property, you might want to install a gate that is too high for a child to climb, which is kept locked when not in use. Check with state and local laws if you are unsure if your property is properly safeguarded.
Skilled Premises Liability Attorneys in Massachusetts
If your child sustained injuries on someone else’s property due to the presence of an attractive nuisance you might be eligible for compensation. At Percy Law Group, PC in Massachusetts, our compassionate premises liability attorneys are committed to fighting on your behalf and ensuring the responsible party is held liable for the injuries your child sustained.