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Understanding the laws of attractive nuisances

On Behalf of | Nov 12, 2015 | Premises Liability |

Virginia residents may want to learn more about laws governing attractive nuisances. Generally speaking, attractive nuisances are defined as objects, conditions or structures that are hazardous and also enticing or inviting to children. The property owner may be liable for the ensuing damages if a child is hurt as a result ad certain criteria are met. The guidelines for assessing whether or not the property owner is liable for an attractive nuisance can vary from case to case.

In order to be held liable under attractive nuisance laws, landowners must be aware or should have known that there was a risk of children trespassing on the property. The property must be in a condition that could potentially cause serious bodily harm or death for children. In addition, the victims in the incident must be too inexperienced or too young to properly assess the risks associated with the condition of the property.

Attractive nuisance laws also require the cost of rectifying the condition to be minimal in comparison to the risk of endangering children. Property owners can be held liable for resulting injuries if they fail in taking reasonable measures towards eliminating the hazards created by the condition of the location. These laws are designed to account for the dangers associated with children’s’ curiosity and any artificial conditions present on the landowner’s property.

Parents of a child who has been injured by dangerous hazards on another person’s property may want to speak with a personal injury attorney to determine if any recourse is available. Legal counsel can review the evidence to determine whether the property owner should be held financially responsible for the losses that have been sustained.