Attractive nuisance is just as it sounds. It is any object, such as a swimming pool, or condition, such as a pile of lumber, that may tempt a child to trespass on someone’s land. The attractive nuisance stipulates that the person who owns the land is held accountable for any injuries sustained by children who were attracted to the “nuisance,” and as a result suffered injury.
The five conditions that must be fulfilled for a property owner to be held liable include:
- The owner knows that the place where the object, such as the swimming pool, or the condition, such as the dangerous lumber pile, exists, is in an area that children will likely trespass.
- The child or children do not realize the extent of the danger involved in contacting the object or the condition because of their youth and thus do not realize the risk of death or serious injury.
- The owner knows that children, because they are ignorant of the danger of coming into contact with the object or condition, such as a deep hole or a lumber pile, due to their young age, do not recognize the risk involved in coming into contact with the object or condition.
- The benefit of eliminating the danger or maintaining the condition is negligible compared to the risk to any involved child.
- The owner fails to use reasonable care to protect the children or eliminate the danger.
Questions About a Child’s Serious Injury? Attractive Nuisance and Personal Injury Attorney in Media, PA: (610) 565-0240
If your child has suffered a serious injury as a result of someone else’s negligence, the Law Offices of John E. Kusturiss, Jr., in Media, Pennsylvania, can help. We have been protecting the rights of the injured for more than 30 years.
Here, you will find attorneys experienced in protecting the rights of the injured. To discuss your concerns in a free initial consultation that is confidential, please contact the firm at (610) 565-0240 or email us.
In addition to our personal injury practice, our law firm also represents clients in includes criminal defense and family law cases throughout Springfield, Chester, Upper Darby, Ridley Park, Newtown Square, and Havertown, PA.