The First Name In Maryland Law

What is an attractive nuisance?

On Behalf of | Aug 22, 2022 | Personal Injury

In some premises liability cases, a landowner is accused of having an attractive nuisance. This can put them in a position where they’re liable for the injuries that occur to children when they encounter this nuisance. This is true even when they have put up signs saying that people should stay away or when those children are trespassing.

By definition, an attractive nuisance is something likely to draw the attention of these children, but that is also dangerous and can cause serious injuries. It is up to property owners to take extra steps to protect children from their own curious nature. Simply saying that a five-year-old child should never have been on the property in the first place is not always a defense, as the child has no concept of property lines or trespassing.

Exhibit A: The backyard swimming pool

As you may have guessed, one of the most common examples of an attractive nuisance is a swimming pool. Children are often very excited about swimming pools, but young kids may not understand the danger and may not be able to swim. This can lead to drowning incidents that result in fatalities or severe brain injuries.

For this reason, landowners are often required to have fences with locking gates around their pools. Failing to secure the pool in this fashion could mean that they’re liable if a child is injured when falling in, even though they – the homeowner – never gave that child permission to use the pool in the first place.

If your child has suffered injuries, it is important to get legal help to understand how a court would view your situation and examine your options to seek financial compensation.

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