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What is an Attractive Nuisance?

Trespassing is illegal--but only in certain circumstances. Many people are unaware property owners may be held liable if a trespasser is injured due to the negligence of the property owner. While it may sound ridiculous to compensate trespassers for breaking the law, it is important to note these cases only exist if the trespasser is an innocent and curious child. If there are certain structures, objects, or conditions which peak a child’s interest thus causing him or her to investigate and be injured as a result, property or landowners may be held responsible--this is known as attractive nuisance.

If the object, structure, or condition is of an interesting, intriguing, or inviting nature, property owners are required to take reasonable steps to protect young children from causing accidental harm to themselves or others. In fact, the liability escalates if it was obviously known the object or area was both hazardous and eye-catching, and financial compensation can be sought.

The following are common types of attractive nuisance hazards on properties, including but not limited to:

  • Slides, swings, or playsets
  • Abandoned cars
  • Swimming pools
  • Fountains or ponds
  • Open holes
  • Abandoned appliances such as refrigerators, dryers, etc.
  • Construction sites
  • Yardwork tools
  • Industrial equipment
  • Dogs

Contact Our Wichita Personal Injury Attorneys Today

Children are more likely to be injured than adults as they do not consider all options, consequences, or results following their actions. At Hutton & Hutton Law Firm, LLC, we understand it is essential your child’s wellbeing is protected at all times--and in case of injury or tragedy, we want to help you obtain the compensation you and your child deserve. Attractive nuisance laws serve to prevent these injuries from occurring in the first place, which is why our Wichita personal injury attorneys will work tirelessly to pursue justice on your child’s behalf in the even they suffered from entirely preventable injuries or accidents.

Contact us today by calling us at (316) 313-4730.

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