Children are innately curious. They tend to wander off in search of new adventures without really understanding the repercussions of their actions. If your neighbor has a pool or a playground, your child might attempt to enter their premises even though they did not receive an invitation.
Because no adults are around to supervise, your child could easily fall and sustain serious injuries in the playground or drown. Although your child was trespassing, Kansas’s attractive nuisance doctrine allows you to hold the property owner accountable through a personal injury claim.
What is the attractive nuisance doctrine?
Premises liability is an aspect of personal injury law that holds a property owner liable for injuries people sustain on their property. While they are not legally obligated to protect trespassers, the attractive nuisance doctrine makes them responsible for conditions that have the potential to attract children to their property. An attractive nuisance can be any of the following:
- Playgrounds and play equipment
- Swimming pools
- Treehouses
- Water features
- Abandoned vehicles and appliances
- Construction sites and equipment
- Unsecured weapons
- Dangerous animals
According to the attractive nuisance doctrine, property owners with an attractive nuisance in their homes unconsciously invite children to their property. Therefore, they have a duty to ensure their property is reasonably safe for or from the children.
A child’s curiosity should not cause injury
Children cannot reasonably recognize the risks of trespassing and meddling with an attractive nuisance because of their youth. The property owner should know this and take steps to prevent any possible injuries. The effort to protect children from the attractive nuisance is minimal compared to the risks of causing injury or death to an innocent child.
