What Should I Know If a Child Is Harmed on Another’s Property?

On Behalf of | Apr 13, 2017 | Premises Liability

Children, especially young ones, don’t fully understand the consequences of their actions. The law doesn’t expect them to. Children are rightfully curious and love to explore.

This is where a concept known as attractive nuisances comes into the picture. This concept is meant to help protect children from dangers on a person’s property.

What is an attractive nuisance?

An attractive nuisance is something that is so enticing that the child can’t help but to go mess with it. This could be shiny lawn equipment, a fun-looking swing set, a refreshing pool or anything similar that just can’t be ignored by a child. Attractive nuisances typically play into a child’s curiosity.

What should homeowners do about attractive nuisances?

In many cases, homeowners don’t have to take steps to childproof a property. There are some exceptions to this. For example, some swimming pools are required to have fencing to keep children out. If a homeowner has reason to believe that a child might be enticed by something on the property and there is a reason to believe that a child might be near the property, the property owner might have a duty to take steps to secure the attractive nuisance.

For parents, learning that a child was hurt on another person’s property is a nightmare. Once your child gets medical care, you might decide to see if you can seek compensation for the accident. Compensation might help you to recover missed wages and money you had to pay out in relation to the child’s injuries. Of course, you should make sure that you find out how the laws apply to your case before making a firm decision about what to do.

Source: FindLaw, “Dangers to Children: What is an Attractive Nuisance?,” accessed April 13, 2017

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