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Written by AskTheLawyers.com™ on behalf of Kathy McArthur with McArthur Law Firm.
An attractive nuisance is anything which can be predicted to attract the attention of children who would not be safe interacting with it. Children have not yet learned to comprehend danger in their environment, and are known to approach unsafe conditions out of curiosity. If there is any chance that a child may be attracted to something on your property that would not be safe for them to interact with alone, you have a legal obligation to provide some kind of safeguard. If a property owner fails to take adequate precautions to prevent a child from engaging with an attractive nuisance, and the child is injured as a result, they may face a premises liability lawsuit.
Swimming pools are one of the most commonly discussed examples of attractive nuisances. It is highly recommended that pool owners build a fence around their pool, with a gate that cannot be accessed without the help of an adult. Similar measures should be taken if an attractive nuisance exists on your property on a long-term or permanent basis.
To learn more about what constitutes an attractive nuisance, or for help understanding premises liability, reach out to a premises liability attorney to discuss your situation. Similarly, if your child was hurt on someone else’s property, talk to an attorney about your options for recovery.
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