Despite your sincere efforts, your children can still find their way into dangerous situations. This includes wandering onto someone else’s property where there is a hazard.
Beyond expected bumps and bruises, certain scenarios can result in serious injuries that impact your child and family’s life. If the property owner left a needlessly dangerous situation that captured the child’s interest, you may have a premises liability case because of the attractive nuisance.
What is an attractive nuisance?
An attractive nuisance is something on someone else’s property that might draw a child’s attention and lead them into danger. It could be something like a swimming pool, a fountain or machinery, such as lawnmowers or tractors. Abandoned appliances and unattended play equipment can also pose risks.
When is a property owner liable?
Property owners have a responsibility to keep their property reasonably safe, especially for children. This means they should take steps to prevent attractive nuisances from causing harm.
For example, if a swimming pool is on a property, it should have proper fencing and locks to keep children out when not in use. Not doing so is a code violation in places like Gulfport.
A property owner is often liable if the person knew or should have known about the attractive nuisance and did not take reasonable steps to prevent harm. This means more than just putting up a warning sign. The individual or entity needs to take action to remove or secure the dangerous object or condition.
What can you do if your child gets hurt?
If your child suffers an injury because of an attractive nuisance on someone else’s property, it is important to take action. Steps you can take include:
- Seeking medical attention: Your child’s health and safety should come first. Make sure your little one receives any necessary medical treatment for injuries.
- Documenting the scene: Take photos of the area where your child got the injury, including the attractive nuisance itself. This can provide vital evidence later on.
- Notifying the property owner: Let the property owner know what happened and that your child experienced an injury. They may have insurance that can help cover your child’s medical expenses.
- Consider legal options: The property owner could refuse to take responsibility, or you might believe they were negligent or even malicious. In such cases, you may need to consider legal action.
Understanding the responsibilities of property owners can help you navigate a difficult situation if your child gets injured on someone else’s property. Prompt action allows you to prioritize your child’s health and safety while taking steps to pursue fair compensation for damages.
