It can be challenging to remove risks at home, especially if it has features that can pass as attractive nuisances. Because of these conditions, your obligation to keep others safe on your property can be more significant. These hazards can be more relevant to children, who may trespass on your property because of their curiosity and interest.
Because of the likelihood of accidents, you should consider assessing structures or home features that are dangerous to both visitors and potential trespassers. Depending on state law, they can include the following:
- Any home feature that involves water, such as ponds, fountains and swimming pools
- Structures for recreational activities, including trampolines, swings, slides and other playground features
- Unusable vehicles left parked on the property
- Weapons stored unsafely
- Unfinished construction projects on the property
Other conditions can become attractive nuisances based on the situation and the local premises liability policies. The law also provides varying levels of protection based on whether you invited over the involved party, they had the authority to enter the premises or they wandered into the property before getting injured.
The details surrounding the accident can also impact whether the property owner is liable. They may have taken safety precautions to protect others from these conditions, such as adequate fencing in compliance with state law.
Navigating a premises liability case
In any premises liability case involving an attractive nuisance, you should seek legal counsel, regardless of whether you are the property owner or the injured party. Some cases may also involve severe injuries and losses, potentially warranting legal action and going to court. These cases can be complex, making them challenging to navigate without proper guidance.