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What is an Attractive Nuisance?

If you have children, you are well aware of their curious and exploratory nature. Unfortunately, this predisposition for exploration and discovery can get them into quite a bit of trouble, especially if they end up on someone else’s property and the grounds are unsafe. If a feature on someone else’s property is particularly alluring, however, a child might feel compelled to investigate it and consequently sustain injuries. This is known as an attractive nuisance.

In order for you to have a valid attractive nuisance lawsuit, all of the following must apply:

  • The property owner is aware or should be aware that children are likely to venture onto their land.
  • The feature on the property can potentially cause serious injuries or death to a child.
  • The benefits of keeping the property safe or the cost needed to address the condition is marginal compared to the risk it poses to children.
  • The property owner failed to take the necessary precautions to eliminate this hazardous condition.

Some of the most common attractive nuisances include:

  • Swimming pools: These never fail to attract children, so it is imperative that property owners take reasonable precautions to ensure that it is inaccessible to children who wander onto their property.
  • Manmade ponds and fountains: These fixtures are meant to make a property look more attractive, but they can also draw in young visitors who might inadvertently injure themselves.
  • Play equipment: The equipment property owners keep on their property for themselves or for their own children might appeal to other kids in the neighborhood. Skateboard ramps, jungle gyms, and trampolines are all great fun, but can cause a terrible accident if an unsupervised visits someone else’s property to play.

Additionally, wells, tunnels, dangerous animals, and lawnmowers are also considered attractive nuisances. However, trees and ponds that are not manmade do not fall under this category. Property owners can protect themselves by simply ensuring conditions on their property are reasonably safe for children who might be tempted to walk onto their property.

Contact an Experienced Premises Liability Lawyer in Atlanta Today!

If your child was injured after wandering onto someone else’s property, you might be able to file a premises liability claim and obtain compensation to cover your child’s medical expenses and pain and suffering. The premises liability team at Pratt Clay, LLC in Atlanta is committed to representing those who have sustained injuries due to someone else’s negligence and will fight to hold the responsible party liable for your child’s injuries. Do not postpone legal action!

Contact the attorneys at Pratt Clay, LLC today at (404) 998-5258 to schedule a complimentary case evaluation with a member of our team.