What is An Attractive Nuisance?
The Attractive Nuisance Doctrine was enacted during the 1870s to protect children who were injured on another’s property, even if they were there uninvited (i.e. trespassing). Children are more vulnerable to certain injuries and can be easily enticed by so called “attractive nuisances.” What, exactly, qualifies as an attractive nuisance? And when do you have the right to sue for injuries sustained by a child while playing on or near one of these objects? Read our article to find out more.
Examples of Attractive Nuisance
As the name suggests, an “attractive nuisance” is something that is tempting for children, but ultimately poses a safety risk if used improperly or unsupervised. Some of the more obvious examples of items that qualify as an attractive nuisance include:
- Swimming pools
- Tree houses
- Swing sets
- Private playgrounds
But it is not always obvious what might be appealing to a child. There are plenty of other, less predictable scenarios that can attract children and possibly cause harm. The following are some more unusual examples of attractive nuisances:
- Rubble piles
- Unsecured machinery, such as lawn mowers
- Broken down vehicles
- Wood stacks
- Unsecured power tools
These are just a few examples. If you can prove that your child was hurt on someone else’s property because they were attracted to something that should have been put away, fenced in, locked up, or otherwise unavailable to use, you may have reason to pursue legal action.
Trampolines and Attractive Nuisance
Of all the possible sources of child injury on your property, trampolines are at the very top. 800,000 children visited the ER with trampoline-related injuries between 2009 and 2018, with fractures being the most common type of injury sustained. Other more serious injuries included paralysis and even death.
Trampolines are so dangerous, in fact, homeowner’s insurance may not cover them in the event of an injury. Owners of trampolines are required to report the presence of one on their property; not reporting once may constitute property misrepresentation, which is grounds for policy cancellation. If a trampoline is covered, owners are also responsible for taking certain safety measures, such as routine maintenance, a safety net, and a lockable enclosure, such as a fence.
Proving Something as an Attractive Nuisance
Again, it is not always obvious what may constitute an attractive nuisance. Nearly everything can pose a risk to a child. The important thing to consider in premises liability cases is whether a homeowner took reasonable steps to avoid a hazardous situation. In other words, if a child was injured, you must prove that the homeowner was aware of a potential danger on their property and did nothing to prevent it.
Again, cases of children injured on private property are special, because they are protected even if they were on the property unlawfully. Even so, these cases can be difficult to prove. If your child was hurt on someone else’s property, regardless of whether or not they were invited, you will want to speak with an experienced personal injury attorney.
Child Personal Injury Colorado
Children deserve the utmost in protection when it comes to the law. Whether your child was hurt on public or private property in Colorado, you will want to speak to an experienced personal injury attorney to ensure you are compensated for injuries due to negligence. Dave Roth is a meticulous and compassionate personal injury attorney who is dedicated to helping each of his clients reach a fair settlement. If you or a loved one was injured due to the fault of another, please call or go online today to schedule your free consultation.