Children do not have the same capacity as adults when it comes to recognizing dangerous situations. Thus, if the doctrine of attractive nuisance applies to an accident, you may have the right to file a claim against the homeowners’ insurance policy or even file a premises liability lawsuit.
Attractive nuisance cases do not typically apply to natural property risks, such as if a child falls down a hill in the yard and hits a tree. However, as explained by the Legal Information Institute at Cornell University, an attractive nuisance is “a dangerous condition on a landowner’s property that may attract children onto the land and may involve risk of harm to their safety.”
Homeowners have a legal responsibility to protect children by creating impenetrable barriers or otherwise preventing children from gaining access to dangers such as the following:
- Swimming pools
- Trampolines or other dangerous play equipment
- Old appliances
- Heavy equipment
- Piles of bricks or lumber
The details of the accident can make a difference to your case. However, even if the trampoline was visible through a high chain-link fence that your son was able to climb, you might have the right to pursue compensation for his injuries. In fact, while adults cannot typically file claims under the doctrine of attractive nuisance, any adult who sustained injuries while trying to save a child might also have grounds to file a claim.
The doctrine of attractive nuisance is only one factor that can complicate a claim pertaining to dangerous premises. To learn your legal rights under the law, contact one of Stipe Law Firm knowledgeable premises liability attorneys as soon as possible after an accident.