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Premises liability and the attractive nuisance

| May 9, 2019 | Premises Liability

Property owners must keep their premises safe for those they invite onto their property. This often means that the property owner, which may include a grocery store or hospital, must take reasonable steps to ascertain and remedy hazardous conditions. Oftentimes slip and fall accidents that leave victims injured lead to premises liability cases because the property owner failed to take the appropriate steps to prevent harm to invitees. While no protections are generally afforded to trespassers, there is one major exception that can lead to legal action.

An attractive nuisance is something that is deemed to be fascinating to a child to the point that it lures him or her onto the property containing that nuisance. Examples include a pool, certain machinery and even stairs. Those who possess an attractive nuisance should take steps to protect children from the hazards those nuisances pose. For example, the owner of a swimming pool who knows that the toddler next door is drawn to it may need to fence in the pool to avoid liability.

Generally speaking, in order to be deemed an attractive nuisance a piece of property must be man-made. Sometimes the court requires that the property owner maintain that particular item, too, before it will be labeled an attractive nuisance. Therefore, the definition of an attractive nuisance can be relatively limited.

Determining whether an attractive nuisance existed and legal action is justified in a particular instance is dependent on the facts at hand. This why those who have been injured on the property of another, or have a child who was injured while on the property of another, should consider sitting down to discuss the circumstances with an attorney who is experienced in this area of the law.

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