An attractive nuisance is anything that would urge a young person, especially little children, to trespass because he or she is drawn to it. An attractive nuisance poses potential problems for many homeowners, because if an accident occurs due to a homeowner’s failure to protect the child, the homeowner may be liable for any injuries sustained.
For instance, homeowners who have in-ground swimming pools without fences may be liable for toddlers who wander onto their property and fall into the water. This demonstrates the importance of installing adequate safety features around a clear and present danger. Other attractive nuisances include:
- Railroads – Many young children will wander onto train tracks, resulting in injuries or death. If the proper safety measures were not put in place to prevent a child from accessing unauthorized areas, the responsible party may be held liable.
- Construction zones – Many children may believe they are being adventurous by playing on mounds of dirt or large equipment. Here, proper fencing and safety measures must be in place.
- Ponds – If a homeowner has a pond on his or her property, it is a hazard to young children which requires adequate fencing.
- Kitchen appliances – Items, such as refrigerators, have been deemed an attractive nuisance and may require a lock if left outside. A child may become trapped inside while playing.
- Tree houses – An unaccompanied child may think it is fun to play in a neighbor’s tree house, however, he or she may be injured in the process.
The law requires that a homeowner, business owner, or contractor have adequate safety measures in place to deter or make it less likely for a child to be injured from an attractive nuisance. While technically, these situations involve trespassing, a homeowner may still be held liable for any injuries sustained.
If your child has been seriously injured as a result of someone else's failure to maintain adequate safety measures for an attractive nuisance, it is important to consult an experienced New York personal injury lawyer who can advise you of your legal rights and remedies. The Brooklyn personal injury lawyers at Georgaklis & Mallas PLLC are experienced in handling all aspects of personal injury, including serious injuries caused by inadequate maintenance of attractive nuisances. For more information or to schedule a consultation, contact our Brooklyn personal injury lawyers at (718) 238-2400.