You may have heard the term “attractive nuisance” and wondered what this legal term means. But anyone who has children (or has ever been a child) understands the concept of a place that is simultaneously tantalizing and deadly to children. We all have played in abandoned junk cars, swam in pools, or climbed on farm equipment that was not in use. But if a child is injured in one of these places, whose fault is it? The answer to this legal question is “it depends.” Because I frequently field questions from parents whose children have been injured by an attractive nuisance, I have written the following blog post to provide some insight into what goes into successfully bringing an attractive nuisance claim.
If a child in your life was injured on a third-party’s property, you might be able to recover compensation for injuries and pain and suffering. Barrett Law has the experience to help you if you or a loved one has been injured. Contact us now at (800) 707-9577.
The Attractive Nuisance Standard in Mississippi
Normally, a trespasser cannot recover for any injury he or she sustains on another person’s land, and a landowner must only refrain from willfully injuring them. However, if the trespasser is a child, they may be able to recover for their injuries if they were enticed onto the property by an attractive nuisance. To recover, a plaintiff must show that:
1) the landowner knew or should have known of the dangerous artificial condition on the property,
2) the landowner knew or should have known that children frequent the area where the dangerous condition exists,
3) the landowner knew or should have known that it is unlikely that the child trespasser could appreciate the risk presented, and
4) that the cost to correct the dangerous condition is minimal compared to the magnitude
of the risk.
Accordingly, it is not enough that a landowner has a dangerous artificial condition on his or her property. The landowner must also be aware that children frequent the area and are attracted to the nuisance. Finally, efforts to correct the dangerous situation must be minimal (such as erecting a fence) compared to the risk to the children.
A half-filled pool is a good example of an attractive nuisance. It’s commonly known that children love swimming. A half-filled pool is particularly dangerous because it is easy to jump in, but very difficult to climb out of, resulting in the swimmer’s exhaustion and, sometimes, death. Since most pools are in populated areas frequented by children, keeping them either drained or full and fencing them off are widely-accepted strategies for minimizing pools’ risk to children who want to swim in them unattended. Other common attractive nuisances are: Playgrounds; Ponds and other water attractions; Trampolines; Discarded appliances such as washers, dryers, freezers, and refrigerators; Construction and farming equipment; Junkyards; Abandoned vehicles.
What Should You Do If a Child in Your Life Has Been Injured?
If a child in your life was injured while playing on a third party’s property, you might have a viable personal injury claim for his or her injuries. You should concentrate on your loved one’s recovery and leave the complexities of an attractive nuisance claim to an experienced personal injury attorney. Gathering evidence, arguing motions, and cross-examining witnesses will all be vital aspects to your case, and you cannot take the chance of hiring an inexperienced attorney to handle your case.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a child in your life has suffered an injury due to an accident occurring on a third party’s land. Contact us now at (800) 707-9577.