What Is Attractive Nuisance?
An “attractive nuisance” is something that is located on property that has the potential to draw children in and cause them a severe injury. Some examples of “attractive nuisance” may include dangerous pets, livestock, playground equipment, trampolines, swimming pools, scaffolding, ladders, etc.
Attractive nuisance typically falls under the umbrella of premises liability. Premises liability under personal injury law means allowing dangerous conditions to exist on your property. Tennessee property owners have a specific responsibility to protect children who enter their property under the “Attractive Nuisance Doctrine.” Here’s what you need to know.
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What Is Included in the Attractive Nuisance Doctrine?
The attractive nuisance doctrine states three things under the law:
- Children aren’t expected to fully understand the potential dangers.
- Property owners who think there is the potential for children to come onto their property are placed with a special responsibility to prevent them from being harmed.
- Failing to meet the duty of preventing children from being hurt, property owners could be held liable for a child’s injuries.
What Happens if a Child Is Trespassing
If a child is minor trespassing (uninvited) on a property, the law will likely hold a property owner liable if the child is injured. Minors may not be treated as a trespasser and typically get special provisions under the law. Property owners who discover uninvited children on their property must provide “reasonable care” under the attractive nuisance doctrine.
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What to Do if Your Child Was Injured Due to Attractive Nuisance
Learning your child was injured on someone else’s property, and that could have been prevented, is devastating news. In the most severe cases, the consequence can be life-altering. If your child has sustained an injury due to an attractive nuisance, Gatti, Keltner, Bienvenu & Montesi, PLC is here to help you through a difficult time and ensure you receive justice and compensation.