It’s very important for property owners to understand any potentially dangerous areas on their property. In some cases, these areas may pose a special danger to children. They are known as attractive nuisances.
The name comes from the fact that there’s a clear risk involved and children will naturally be attracted to these areas. As such, property owners have to take extra steps to make sure that children are protected. For example, a pool is an attractive nuisance. Young children may be interested in it, even if they can’t swim. If a child wanders onto the property unsupervised and drowns in the pool, then the property owner may be held liable.
Wouldn’t the child be trespassing?
Even if a child is technically trespassing, this is not necessarily a defense against liability. Simply putting a “No Trespassing” sign on your property may not be enough. After all, young children may not be able to read, and they likely have no concept of property lines or boundaries. The child may not even know that they are trespassing.
This doesn’t mean that property owners have an unreasonable burden—but they do need to take steps to make their property reasonably safe. For instance, if an owner puts a fence around their pool with a locking gate, then they can claim that they did everything they could to keep a trespassing child safe.
But if there is no gate or fence, the property owner can’t necessarily claim that they aren’t responsible for a child’s injuries just because the child was not invited to the property and shouldn’t have been there to begin with. They may still be found negligent for allowing a dangerous attractive nuisance to exist without safeguards.
As you can imagine, these cases are complex and nuanced. If your child has suffered injuries, if you have been harmed on someone else’s property or you’re trying to understand your obligations as a property owner, it’s important that you know exactly what legal options and responsibilities may impact your situation moving forward. Seeking legal guidance is a good way to get started.