An attractive nuisance might seem like a harmless portion of your property from your perspective. However, the same portion of your property might be viewed as a threat by another. Anything from a pool to a fire pit and other features and objects in your yard qualify as potentially hazardous attractive nuisances. All Illinois property owners should be cognizant of the different ways in which wayward little ones can access private property and suffer serious injury. If anyone is hurt on your property, do not admit fault even if you are convinced you are to blame. It is better for an attorney to review the facts of your case and develop a well-reasoned legal strategy. Alternatively, if you or a loved one are injured on another’s property, you might be able to obtain compensation if the property owner failed to provide due care.
The Basics of Attractive Nuisances
Attractive nuisance doctrines refer to unenclosed objects or spaces on a property that are dangerous. If any such objects or spaces have the potential to lure a child in, it creates liability for the property owner. Most people assume swimming pools are the sole attractive nuisance. However, the truth is anything from a hot tub to machinery, power tools, and even appliances are attractive nuisances. If the property owner does not maintain the item or area in question and someone is injured, that property owner can be found liable for the injury and related costs.
Determining Liability in Attractive Nuisance Cases
Attractive nuisance cases are rarely clear cut. The law analyzes a number of factors to determine if the object, area, or other item in question meets the definition of an attractive nuisance. Furthermore, there is the issue of awareness and a duty owed to those on the property. If the property owner knew about the attractive nuisance and knew or could have reasonably suspected kids might venture onto the property, he or she will need a fantastic attorney to emerge without penalty. There is also the question of whether the child understood the true risk of the situation. If the property owner failed to take reasonable measures to guard against harm, he or she might end up responsible for a plethora of related expenses.
How to Prevent Attractive Nuisances on Your Property
The majority of the state’s municipalities have passed laws that detail the duties of property owners. These laws require owners to decrease the chances of a wayward child suffering injury. In particular, there is guidance pertaining to attractive nuisances. It is up to property owners to be proactive and take the initial steps to prevent an attractive nuisance from luring in a child and causing injury to him or her. Take a close look at your property. Scan the entirety of your front and back yard, viewing it from the perspective of a curious child. Remove all items and features that will attract a youngster.
As you scan your property, make sure the entirety of your property is compliant with local and state laws. Keep in mind if you deviate from sanitary or building codes and someone is hurt on your property, you will likely face a lawsuit. So do not overlook the importance of building codes. Know them, adhere to them, and everyone on your property will be that much safer.
If you use your yard as a temporary storage space for an old or broken appliance, be sure to take off the doors. Tell your neighbors about potential hazards and risks posed by the appliance or other item. If your property has gates, fencing, doors, or other access points, close and lock them. This will make it that much more difficult for wayward kids to venture onto your land and into your pool. It could also help to add some signs that read “No Trespassing”.
The Issue of Trespassing
Kids who trespass on private property are not treated exactly the same as adults who venture onto private property. Children below a certain age can not commit negligence due to their age. This means property owners might be found liable for injuries endured by kids while on the property due to the presence of one or several attractive nuisances.
Attractive Nuisance of all Types Have the Potential to Prove Deadly and Costly
Most people imagine pools, hot tubs, and other water features or water bodies as the main types of attractive nuisances. There are plenty of other attractive nuisances of note. In particular, the top attractive nuisances are construction materials, water, and toys. Water is especially dangerous as it takes merely a couple inches for someone to risk drowning. A child can drown in nearly every type of water feature. From water wells to in-ground pools, kiddie pools, hot tubs, and fountains, water features of nearly every variety qualify as a legitimate attractive nuisance.
If you have any such water feature on your property, add protective fencing at least four or five feet in height so it is difficult for others to climb in. It will also help to add a locking gate with an audible alarm. Try to keep your pool covered when it is not in use. Keeping your pool covered helps trap the heat, keeping the water warm, and also reduces the chances of a child venturing in and drowning. Finally, do not leave little ones unattended near the water. If possible, add a floating alarm that rings when anyone enters the water.
Construction Projects are a Common Attractive Nuisance
Kids can find themselves drawn to everything construction-related. Whether you have a shovel, helmet, construction vehicle, or dumpster in your backyard, kids will want to check it out. Every single type of construction project qualifies as a legitimate attractive nuisance. Kids may attempt to climb construction sites, use the tools, and envision themselves doing the work. They’ll do this without understanding the risk level. If you have a home renovation or another project occurring on your property, make sure to unplug the power tools at the end of the day. Additionally, ensure you cordon off unsafe areas, and put safety cones/hazard signs in place.
Toys, Playground Equipment, and Other Sundries are Legitimate Attractive Nuisances
No one usually thinks the playground equipment they buy has the potential to become a legal liability. Unfortunately, such equipment and everyday toys qualify as attractive nuisances if they are laying in your yard or any other portion of your property. Such items could attract adventurous or lost kids. Swings and climbing equipment are particularly intriguing to kids.
Take a close look at your swing set for wear and tear at least once per year. Install a surface that absorbs shock so your kids and others won’t hurt themselves when falling. If you add other toys or playground features, such as zip lines or trampolines, install them with safety as the top priority. Some homeowners even go as far as adding an alarmed and locked fence around the playground or the entire yard.
An Abandoned Vehicle is a Serious Attractive Nuisance Risk
At first glance, an abandoned vehicle might not seem like much of a threat. However, a wayward kid who finds such a car will more than likely attempt to climb into the trunk and back seats. Kids find all sorts of ways to hurt themselves in such cramped spaces or could even end up locked inside.
Additional Attractive Nuisances You Probably Never Thought Of
Even power lines qualify as an attractive nuisance. No party of your property should lead to power lines. Make sure no one can climb objects to reach telephone poles or other towers. Kids may attempt to climb just about anything. So, do your part to prevent injury by blocking off every opportunity to climb. Assess your property for climbing routes, eliminate them, and you will rest easier at night.
The main point is anything that could pique a child’s curiosity qualifies as an attractive nuisance. From weapons to appliances, piles of sundries, and beyond, just about everything in back and front yards can be attractive to kids. If there is any junk on your property, have it tended to sooner rather than later so you do not have to worry about a costly lawsuit for damages stemming from a child death or injury.
Are you Dealing With an Attractive Nuisance or Personal Injury? Our Legal Team can Help
If you, your child, or another loved one has endured some sort of harm due to an attractive nuisance, you will need legal assistance. Our attorneys at Lerner and Rowe Injury Attorneys are here to review your nuanced case, determine if you have sound legal footing, and tirelessly work on your behalf to obtain compensation.
Reach out to us today at 708-222-2222 to schedule an initial appointment. Our office is open during the week, Monday-Friday, from 8:00 a.m. – 5:00 p.m. Yet, we have someone available 24/7 to take your call. You can also contact us through our website’s LiveChat feature. You have everything to gain and nothing to lose as our first consultation is completely free. We won’t ask you for any fees unless we win your case. So don’t delay. Call Lerner and Rowe today!