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A closer look at attractive nuisance doctrine

Posted on April 27, 2015 11:28 am under Premises Liability

It is natural for children to be curious and exploratory despite the possibility of dangers – abandoned vehicles, swimming pools, and railroads, for instance, all pose a certain allure. Unfortunately, children drawn to these hazards are exposed to injurious, sometimes even life-threatening accidents. Because children cannot evaluate the risks associated with such objects or places and don’t know what trespassing is, the property owner can be held liable.

An area of tort law, called the attractive nuisance doctrine, holds the premise owner accountable for injurious accidents caused by an attractive nuisance, or an object that is both alluring and dangerous to children. A landowner could be held liable under this law if the situation satisfies the following criteria:

  • The owner has reason to believe that children may traverse his land
  • The object/s and condition of the premise could cause potential harm to children
  • The children are too young to comprehend imminent dangers
  • The costs of maintaining the property and eliminating the hazard are minor when compared to its risks to children
  • Precautionary measures have not been taken by the owner to prevent harm

At Habush Habush & Rottier S.C. ®, we help Wisconsin residents take legal action if their child has been injured in an incident that satisfies the description of attractive nuisance. Call us at (414) 271-0900 for a free assessment of your case.