On Behalf of O’Malley Tunstall PLLC | Jun 11, 2020 | Premises Liability

Was your child seriously injured while playing on another person’s property? Certain items or structures on another’s property may attract children. For example, having an outdoor swimming pool or a play set is likely to attract children. Young children may go onto a property not knowing that they are trespassing. Unfortunately, they may be gravely injured if they are unsupervised or if the equipment is defective or inherently dangerous.

What is an attractive nuisance?

Certain home amenities or features may be particularly attractive to children. This is why many states have laws regarding fencing or other protective measures to keep children away from these tempting play areas. In legal terms, these are called “attractive nuisances.” Playing without supervision or using defective or dilapidated equipment or toys is very dangerous.

If your child trespasses on another’s property because of an attractive nuisance and is injured, you may be able to hold the property owner liable for these injuries and expenses.

An example of an attractive nuisance

If there is a broken trampoline on a front yard, a young child may decide to play on it. Since the trampoline is easily accessible, it’s very inviting to a young person. However, if the trampoline is faulty and your child is injured, liability could lie with the owner. This is because they should have known that the trampoline was an attractive nuisance and could have led to a child becoming seriously injured.

What is a premises liability claim?

While you do all you can to protect your children from harm, they will often do what they want, including wandering onto another’s property. If your child is injured, a premises liability claim may help you recoup your losses, including medical expenses, lost income from staying at home to care for your child and other expenses.