It is difficult to keep children safe. They often find dangerous things alluring, and they may not understand the risks that they face. They can accidentally injure themselves when exposed to a dangerous condition that an adult would stay away from.
This is the basis of the attractive nuisance doctrine. It is essentially the idea that property owners need to take adequate steps to protect kids if they know they have an attractive nuisance on their property, even if the children were not supposed to come on to their property in the first place.
Perhaps the most common example is a swimming pool. Technically, someone who has a pool installed in their backyard should not have to worry about neighbor children swimming in it without permission or adult supervision, but it does happen. A five-year-old who sees the pool has no idea about property lines or trespassing laws, they can’t read warning signs and they are naturally attracted to an in-ground pool.
This is why property owners need to put a fence around the pool that children cannot get through or over. This can prevent drownings and brain injuries. Even if the child trespasses without permission, if the security was inadequate, the property owner can be held responsible for that child’s injuries.
Your rights as a parent
If a neighbor created an attractive nuisance, was negligent with security and allowed your child to get hurt, you need to know what rights you have to compensation and how to get the legal process started. An experienced attorney can help.