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What is an Attractive Nuisance?

What is an Attractive Nuisance?

f you are a parent or have children in your life, you know that they are inherently curious and eager to explore everything they possibly can. Unfortunately, sometimes this curious nature can put them in dangerous situations that can lead to serious injuries. Even seemingly harmless objects on your neighbor’s property can present a danger to children when they wander in and investigate it while unsupervised. If someone else’s property features items that could potentially lure in children and threaten their safety and well-being, it is the property owner’s responsibility to take the necessary steps to protect them and prevent them from entering the property or otherwise harming themselves. This duty is referred to as the “attractive nuisance” doctrine.

What is the Attractive Nuisance Doctrine?

An attractive nuisance is essentially something that is so enticing that a child would not be able to resist entering that person’s property. While this sounds quite broad, there are some limitations to this doctrine. For example, the object generally must be man-made for it to be an attractive nuisance. While a swimming pool is considered an attractive nuisance, ponds and lakes are not. Additionally, the law presumes that children are capable of understanding some dangers, such as great heights and fire.

Some of the most common attractive nuisances include:

  • Swimming pools and fountains
  • Machinery, such as lawnmowers and gasoline pumps
  • Wells or tunnels
  • Dangerous animals
  • Pathways or stairs

Less obvious items, such as rooftops, can also be considered attractive nuisances, especially if children in the area are known to climb them.

Do I Have a Valid Case?

Under attractive nuisance law, landowners are responsible for the injuries children sustain on their property if the following five requirements are met:

  • The landowner is aware or should have been aware that children are likely to trespass on their property.
  • The condition on the property can potentially cause death or severe injuries to children.
  • The injured children are too young or inexperienced to understand the risk the landowner’s property presents.
  • The cost required to fix the dangerous condition is minimal in comparison to the risk it poses to children.
  • The landowner did not take any reasonable measures to eliminate the dangers on his or her property.

Personal Injury Attorneys in Phoenix

If your child was injured on someone else’s property due to an attractive nuisance, you need a skilled personal injury attorney on your side to ensure the responsible party is held accountable for his or her actions. At Rafi Law Group, PLLC in Phoenix, our team of personal injury attorneys is dedicated to representing those who have been wrongfully injured and will do what is necessary to obtain the compensation you deserve.

Get started on your case today and reach out to our law firm at (623) 207-1555 to request a free initial case evaluation with one of our knowledgeable attorneys.

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