Generally speaking, an attractive nuisance is an item on a property that is seemingly harmless but possesses potentially dangerous qualities. Minor children are more susceptible to receiving injuries and damages due to the presence of such items. Read on to discover whether a property owner is liable for an attractive nuisance on their property and how a seasoned St. Mary’s County slip and fall lawyer at The Dorsey Law Firm can evaluate your legal options.
What are examples of attractive nuisances?
You may trust a property owner when they are comfortable in inviting you and your minor child onto their premises. Unfortunately, their attractive nuisances may pose underlying dangers. Examples are as follows:
- A lawnmower is left running in the front yard.
- A swimming pool in the backyard is not up to code.
- A path or staircase toward the entranceway is not up to code.
- A treehouse in the backyard is dilapidated.
- A ladder is left out and provides easy access to the roof.
- An untrained, unvaccinated pet is roaming around the property without a leash.
- A construction site on the property is not properly barricaded.
How can I prove that a property owner is liable for an attractive nuisance?
In your premises liability claim, the defendant (i.e., the negligent property owner) may claim that your minor child was trespassing. With this, you may argue that the law protects minor children in situations such as these, as they are not expected to reasonably comprehend the potential risks in approaching an attractive nuisance. What’s more, you may hold the following arguments:
- You may argue that a property owner should have fenced their premises to deter minor children from attractive nuisances.
- You may argue that a property owner should have posted “no trespassing” signs on their premises to deter minor children from attractive nuisances.
- You may argue that a property owner should have stored their attractive nuisances in a shed or otherwise locked up.
- You may argue that a property owner should have obeyed state, municipal, and local laws regarding attractive nuisances.
Overall, you must provide proof that points to the defendant’s fault in your minor child’s slip and fall accident. That is, you must prove the following elements as true:
- A property owner owed a duty of care in keeping their attractive nuisances clear from potential dangers.
- A property owner breached their duty by failing to rectify the potential dangers from their attractive nuisances promptly.
- Your minor child incurred severe injuries and damages after encountering an attractive nuisance on the property owner’s premises.
You must take the initiative and reach out to a competent Leonardtown personal injury lawyer at your earliest possible convenience. Our team at The Dorsey Law Firm will be happy to serve you.