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Was Your Child Injured Due To An Attractive Nuisance? Here’s What To Know

Was Your Child Injured Due To An Attractive Nuisance? Here’s What To Know
Christian J. Amendt

As a parent, you know that children have an insatiable curiosity that leads them to explore everything within reach. This curiosity can sometimes put them in dangerous situations in which they suffer serious injuries, such as when they wander onto a neighbor’s property and play with something that was not designed for children.

Fortunately for you, even if your child entered another’s property without permission when they got hurt, you may still have options for seeking compensation for their injuries. This is because the legislature recognizes the curiosity and innocence of children and has taken it into account when determining the legal responsibility that property owners have, even toward trespassers.

Attractive nuisance and premises liability

Most states have laws in place that hold property owners responsible for dangerous conditions on their yard that lure children into danger – such as a swimming pool without a fence, a dangerous rubble pile, an uncovered pit, and things of that nature.

While California used to have these laws as well, the courts have moved away from the attractive nuisance doctrine. However, this doesn’t mean that parents of injured children have no recourse in these situations.

Property owners’ legal duty

California courts have replaced the attractive nuisance doctrine with a general tendency to hold property owners responsible for maintaining their property free from unreasonable dangers – or to set up signs and barriers to warn the public of these dangers if securing them is not possible.

Thus, if your child was injured by a dangerous condition on another’s property, and that person had not taken steps to secure the condition or warn others of the danger, it’s possible that that property owner might still be liable for your child’s injuries, even if they did not invite your child onto their property.

Premises liability law is a complex field. Lawsuits can turn out in so many different ways, depending upon the circumstances surrounding the injury and the property owner’s actions. However, if your child is injured, you should not let this complexity dissuade you from seeking the compensation that you need to pay for their medical care after their accident.

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