In general, landowners do not owe any duty to those who trespass on their property. However, the attractive nuisance doctrine provides an exception for children trespassers. This doctrine holds landowners liable for child trespassers’ injuries if they are injured by a hazardous condition on the landowner’s land that is attractive to children.
There are 5 conditions many states use when looking at a landowner’s liability for an attractive, artificial nuisance.
If these conditions are met, a landowner may be liable; the conditions include:
1. the owner knows that the artificial condition is located where children are likely to trespass;
2. the owner knows the condition involves an unreasonable risk of death or serious harm;
3. the children don’t understand the risks involved;
4. the risk to the children is greater than the value and burden on the landowner to eliminate the danger; and
5. the landowner does not use reasonable care to protect the children or eliminate the danger.
There are some things a landowner can do to protect him or herself from potential liability arising under the attractive nuisance doctrine. Landowners can place a sign on their property to warn children of the danger. The sign is helpful, but may not work in all cases especially when a child cannot read. Owners could also warn the children’s parents of the attractive nuisance.
If you would like more information regarding additional ways to protect yourself from liability, or attractive nuisance in general, contact a qualified attorney in your area. A skilled attorney help ensure your rights are protected.
