If your house is popular with children, that may mean that you have an attractive nuisance on your property. Despite the name, many people own attractive nuisances on purpose. However, they can become a major issue in a potential premises liability lawsuit.
Attractive nuisances are things that specifically attract children to your property and may cause them to sustain injury. According to FindLaw, examples of attractive nuisances may include swimming pools, trampolines and treehouses.
Are the children trespassing?
If there are children on your property and they sustain an injury on an attractive nuisance without your permission, yes, the children are trespassing. However, the law treats children differently than adults. It is very possible that the law will hold you liable for a child’s injuries in a way that they would not for an adult’s injuries.
How can I protect myself?
If you have swimming pools or elaborate landscaping or tree houses on your property, it is highly likely that you have them there on purpose. You do not need to remove recreational items from your property to satisfy the law. The key to preventing a third party from trying to hold you liable for a child’s injuries is to take precautions.
For instance, if you own a swimming pool, build a fence around it to prevent people from entering it without your knowledge. Even in the event that children scale the fence and injure themselves in the swimming pool, it is less likely that the law will hold you liable for these injuries since you took steps to prevent it from happening.