Children can get into all sorts of trouble and they do not always understand the dangers that they could be facing. This is why the law can treat children a bit differently than adults if they get hurt on someone else’s property, even if they are technically a trespasser. One big factor can be attractive nuisances, which are dangerous items that could be expected to attract children. If your child was hurt by an attractive nuisance on someone else’s property, you may want to talk to a New York slip and fall lawyer who can help you file a premises liability claim.
What Kind of Attractive Nuisances Can Someone Be Held Liable For?
Attractive nuisances are the types of hazards that seem likely to captivate a passing child. An adult might realize that some of these items are dangerous, but a child is less likely to be afraid of things like:
- Swimming pools
- Trampolines
- Fountains
- Lawn machinery
- Wells
- Scaffolding
- Ladders
If they get injured, the property owner could be to blame.
What Would Not Be Considered an Attractive Nuisance?
There is also a bit of confusion about attractive nuisances and what exactly could be considered one. These things can be considered dangerous, but they are not considered to be attractive nuisances:
- Cliffs and hills
- Ponds
- Lakes
- Small things that can be choking hazards, like acorns and seeds
While the law accounts for children not fully appreciating dangers the way that an adult can, there are some more obvious dangers that are usually not considered attractive nuisances because even children should realize the danger they present. This can include things like:
- Open pits
- Hot water
- Fire
- Sharp objects
- Clearly labeled poisons
- Approaching an animal, wild or domesticated
It can be hard to argue that a landowner was irresponsible because a child trespassed and hurt themselves in a way that would be entirely predictable.
What Can Be Done to Keep People Away from Attractive Nuisances?
Still, a landowner has some responsibility to protect others from potential hazards on their own land. They can take precautions and follow local laws to reduce the chances of an accident happening on their land. They can:
- Fence in attractive nuisances like pools or trampolines
- Installing an alarm system near potentially dangerous areas of the property
- Keeping first-aid and rescue equipment in an accessible spot
- Storing all chemicals and other dangerous items safely
- Putting away any machinery
If a landowner does not seem to take any precautions at all and continues to have attractive nuisances on their property, they are tempting fate. If your child gets injured because someone else would not be just a bit more careful with their property and what was on it, you may be able to file a personal injury suit against them.
Contact Our Legal Team
If you think that you have a premises liability case on your hands, contact Zlotolow & Associates. We can schedule a free consultation and take a closer look at your case. We are ready to help you fight for compensation.
