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Premises liability and the attractive nuisance doctrine

When it comes to premises liability, there are areas that might not be cut and dry. Ensuring that visitors to a property do not get hurt when there is the law. Property owners must fix any issues that could pose a danger to those who step foot on their property. When dealing with children, there is something called the attractive nuisance doctrine.

There are three aspects of the attractive nuisance doctrine. Those three aspects are as follows:

  • Children are not expected to completely comprehend dangers they could encounter when on someone's property.
  • If the owner of a property thinks children will step foot on his or her property, that person then has special responsibility to prevent harm to the children.
  • The property owner can be held liable for injuries suffered if he or she fails to meet the responsibility to prevent harm.

An attractive nuisance when related to a child can include any of the following items:

  • Stairs
  • Paths
  • Animals
  • Swimming pool
  • Tunnel
  • Wells
  • Lawnmowers
  • Fountains
  • Rooftops

When it comes to determining who a child is, the court hearing the case will make the decision. Some courts view children as anyone up to the age of 12. Other courts view children as anyone under the age of 18. It all depends on the discretion of the court. Courts also require that the attractive nuisance be man-made, which means a lake would not be considered an attractive nuisance. The court also takes into consideration that children do understand that certain things in life are dangerous, such as broken glass, fire and climbing heights.

If your child was injured on the property of another, contact our firm to discuss your case and find out how you can recover compensation for the injuries suffered in Pomona.

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