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What is an attractive nuisance?

If readers of this blog have ever spent time with children, then they know that they can be impulsive. Children often follow their whims and not the rules, and sometimes their energetic tendencies lead them into situations where they could face danger. Property owners have a particular duty to keep children safe by ensuring that attractive nuisances on their property are appropriately managed.

An attractive nuisance is a property feature that would be interesting to a child and may cause that child to go onto the property of another to see it. A swimming pool may be considered an attractive nuisance, and so, too, may a fountain, set of stairs or a tunnel.

If a property owner has an attractive nuisance on their property, then they should take extra precautions to make sure that it cannot hurt children who enter the property to see it. If a property owner has a reasonable expectation that children may come onto their property, then the property owner must block, fence, or otherwise make the nuisance inaccessible to children, so that they are not inadvertently hurt.

A property owner who chooses to have an attractive nuisance on their land and knows kids may come to see it and elects not to take any precautions to keep those kids safe may face liability for their negligence. When a child is hurt by an attractive nuisance, they may have rights to seek compensation for their losses. Their families can work with personal injury attorneys to learn more about their possible premises liability claims.

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Law Office of Reuben J. Donig

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San Mateo, CA 94402

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