This is Part One of a two-part post. Part Two will discuss common ways to protect yourself and your property against liability under attractive nuisance doctrine.
Since most of us are spending more time at home with our families due to COVID, it may be common for children to spend more time outside at home when they would otherwise be at school. For that reason, it is critical to ensure children outside are safe from “attractive,” yet dangerous, places outside. Even normal back yards are replete with potential hazards for children and adults alike. “Attractive nuisance” is a legal term meaning, essentially, a land or property owner may be liable if a child who trespasses onto the owner’s property is hurt, when the injury results from a hazard that is likely to attract a child to it and is not adequately blocked.
Common Examples of Attractive Nuisances
- Swimming pools and other water sources. Swimming pools may be the most classic examples of attractive nuisances, since water is both fun and mysterious and brings out a child’s natural curiosity. In 2019, an 11-year-old boy in Northern Kentucky drowned in a neighbor’s pool after wandering onto their property. The owners had taken the precaution of installing a fence on their property, but the child climbed over the fence. Other sources of water on a property function like swimming pools as far as attractive nuisance is concerned, but keep in mind attractive nuisance doctrine only applies to manmade hazards. Naturally occurring lakes, ponds, and hills are often exempted from attractive nuisance doctrine, as are manmade water sources that resemble natural lakes and ponds. However, industrial water sources are not exempt, and must be guarded. An example of this is when rainwater collects into a pond-like source of water in an industrial complex.
- Construction zones. It is no surprise children are drawn to big, brightly-colored machinery at construction sites. Particularly in neighborhoods with new house construction, it may be easier than you think for a child to access a construction zone. Often these work sites are left open, so be on the lookout in your neighborhood for hazards posed by new home construction.
- High-voltage cords and electric wires. Thick, metal cords and electrical boxes in neighborhoods are often accessible to children, but many have red or yellow and black signs warning of danger. Typically, courts will consider whether there were any warning signs and whether there was an adequate, secure covering over an electrical power source. Even so, ensure your child understands electrical wires are not safe to touch.
- Holes. Another classic attractive nuisance is a plain old hole in the ground. Especially if grass or other natural growth obscures the hole, a property owner will likely be liable if there is no warning, covering, or other attempt to block a trespasser from walking over the hole.
- Recreational Equipment. You may not realize that even playgrounds can be considered attractive nuisances if children who are too young for the equipment are injured on them. Most playgrounds will have signs posted or require adults to accompany children of certain ages.
- Railroads. Though railroads may not be a common or accessible danger in your neighborhood, it is worth mentioning that railroads are responsible for giving us attractive nuisance laws in the first place. Specifically, large railroad “turntables” gave us the first Supreme Court case establishing liability on the part of the landowner for an injury to a child playing on their property.
In Part Two, you will find ways to guard your property against potential liability.
Contact an experienced personal injury lawyer in Lexington, Kentucky
If you or a loved one was injured on someone else’s property and feel you are entitled to compensation, contact a personal injury attorney experienced in attractive nuisance cases in Lexington, Kentucky. Call (859) 231-0202 or fill out our online form for a free consultation.