How is an attractive nuisance a dangerous property condition?
Children have a unique way of making seemingly benign objects dangerous through their creativity and general lack of regard for safety. In some cases, a Tampa adult may not recognize the hazards a particular property condition presents until a child demonstrates those dangers. However, in other cases, a dangerous property condition, though unappealing to adults, may lure children to it and subject them to serious threats to their health and well-being.
A hazardous property condition that appeals to children and may pose them harm is often termed an attractive nuisance. Property owners, whether of commercial, residential real estate or land, generally have a responsibility to eliminate such threats from their property to keep children safe.
Attractive nuisance policies are based on the idea that children usually do not understand when they may be in danger, and adults who own property are in a position to remedy unsafe conditions, if they believe children could come onto their property. If a property owner knows about an attractive nuisance on their land, fails to fix it and a child is harmed by it, then that property owner may be held responsible for the child’s losses.
Attractive nuisance doctrine falls under the personal injury area of law related to premises liability. Businesses, restaurants, land developers, homeowners and a host of other people and entities that own land can be subjected to its penalties, if they fail to take care of the dangerous property conditions that may pose threats to children who visit their spaces.
As always, readers of this Tampa personal injury law blog are encouraged to seek their own legal guidance when they have questions about attractive nuisances, premises liability and other areas of the law. The information in this post should not be read as legal advice and is offered for informational purposes.
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