Should it be proven that a property owner could have prevented a child’s injury or death by taking proper care of their property, they will be held liable for what happened to the child. This can happen even if the child was a trespasser. A premises liability lawyer Los Angeles can file a claim against the property owner for attractive nuisance or the doctrine of attractive nuisance.
When someone enters or stays on a particular property without the owner’s permission, they are considered a trespasser. In most legal situations, a property owner will not owe a duty of care to trespassers. They do owe a duty of care to a trespasser to not intentionally cause them harm. A property owner does not have to accommodate trespassers by controlling their pets, repairing hazards or trying to make their property safe for those who trespass on it. Los Angeles premises liability attorney knows children are a serious exemption to this area of liability law.
When individuals under the age of 18 trespasses, they are owed the same duty of care as someone who has been invited onto a property by the owner. This includes making certain a property is clear of hidden or potential hazards. They must warn visitors of any existing dangers as well as repair any known defects on the property. Parents have a legal right to expect they live in an area with neighbors who will maintain their property so it is safe for children. This is especially true if the property has a nuisance attractive to children.
This is considered a property element or a dangerous condition that could attract children. This could be a toy, play area and more. When a property has an attractive nuisance, the responsibilities of a landlord or landowner for trespassing children increases. There are many examples.
- Four wheelers or ATVs
- Fountains, ponds or other types of bodies of water
- Farm animals
The liability of a property owner with an attractive nuisance will increase. They can be held liable for any underage injuries, accidents or deaths that occur on their property. A property owner is responsible for reasonably preventing an attractive nuisance from being able to harm children who visit as well as those who trespass on their property. They could do such things as install fences, post warning signs, invest in a security system as well as cover their pool and more.
A premises liability attorney Los Angeles will know how to show certain elements exist before the attractive nuisance doctrine will be applied.
- The child did not get proper warning of the possible dangerous condition.
- The property contained a dangerous instrument, condition or element.
- An injured child didn’t understand a condition or instrument was dangerous.
- The dangerous instrument or condition was something anticipated to attract children.
- The property owner knew of the existence and attraction of the dangerous condition.
It is up to personal injury lawyer Los Angeles representing the parents to prove the negligence of a property owner. They will know how to establish a duty of care and a breach of duty as well as damages and causation. A Los Angeles premises liability attorney will know how to handle all the legal issues and obtain the best possible result for their client.