This is Part Two of a two-part post. In Part One, you will find common examples of attractive nuisances.

No property owner wants to be responsible for a child being injured. The best way to guard against attractive nuisance liability is to be as careful as possible when dealing with hazardous conditions on your property. Using examples of attractive nuisances from our previous post, below are ways to protect children from injury on your property and to guard against potential liability should an injury still occur.

  1. Swimming pools and other water sources. The most obvious way to prevent an injury from occurring in your swimming pool is to prevent children from being able to reach it. Many people build fences around swimming pools to deter trespassers from entering. However, even where property owners construct fences, tragedy can still occur where the fence is low enough for a child to climb over it, or if a gate is unlocked or easy to unlock. Ensure your fence is tall enough and sturdy enough that a child cannot climb over it, and that locking mechanisms are secure. An additional safeguard against liability with a pool or other water source on your property is to hide it such that a child is not even tempted to enter. For example, tall shrubs or a brick or cement wall around a swimming pool could hide it from view of potential trespassers.
  2. Construction zones. Similar to the protections discussed above with swimming pools, it is wise to cover construction zones as much as possible, or at least cover the portions accessible to a child to reduce the child’s temptation. For example, construction sites will often use dark mesh netting or material with large advertisements painted on it to hide the construction going on behind the barrier. As much as you can, try to hide the bright, complex machinery and obscure the entrances to construction sites.
  3. High-voltage cords and electrical wires. Most of the time, electrical power sources will have hard shell coverings and either red or yellow and black warning signs. Ensure hard shell coverings cannot be opened without a key, and ensure warning signs are obvious and difficult to remove. Further, landowners with electric wire fencing must post clear signs indicating danger. For parents, it is wise to teach children early that warning signs mean danger, and that children should avoid areas around those signs.
  4. Holes. The best way to avoid liability here is to fill in unused holes where possible. Otherwise, fencing around the hole, as well as obvious, clear signs, should make it nearly impossible for a child to reach the hole even if he or she wanted to. Keep in mind warning signs should include pictures, not just words, as younger children may not be able to comprehend them. Additionally, similarly to swimming pools, it may be wise to hide it from view to the extent possible.
  5. Recreational equipment. Playgrounds and other recreational areas should be accessible only to those who are old enough to use them. In fact, playgrounds should rarely be totally accessible. This is because a playground suitable for very young children should only be accessible when the children have adults supervising them. Additionally, recreational areas such as skate parks should only be accessible to older children. Thus, almost every recreational area should have fencing and gates with mechanisms that very young children are unlikely to open.

Contact an experienced personal injury attorney in Lexington, Kentucky

Even with precautions, accidents happen. If your child has been injured by a hazardous condition, contact a Lexington attorney personal injury attorney with experience in attractive nuisance cases. Call (859) 231-0202 or fill out our online form for a free consultation.