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Atlanta Personal Injury Attorney – Attractive Nuisance in Premises Liability

If your child was injured in Georgia due to a dangerous condition on someone’s property, there may be a possible negligence claim against the property owner for “attractive nuisance.” Attractive nuisance is a type of premises liability law made specifically to protect children. In short property owners must take special care if there is a dangerous condition on their property that could hurt curious children who come across it. The property owner should realize when a particular dangerous condition would be interesting to children, and the owner must take the proper steps to keep them away.kids

This law protects children from their natural curiosity. If children come across some kind of unfamiliar, interesting looking machinery, they will most likely explore it. Property owners who have dangerous man-made machinery or objects on their land are responsible for putting up fences or other barriers to keep children away from the danger. There are five conditions that must be met to bring about a successful attractive nuisance claim.

  1. It must be clear to the property owner that the location of the dangerous object is a place where children would be likely to trespass. This could be a location near a school, neighborhood, or in an area children are otherwise known to frequent. Even if the property owner claims he or she didn’t think kids would come by, if it is reasonable that the property owner should have known, he or she is still responsible.
  2. If the property owner knows or should have known that the condition is dangerous and could cause injury or death to a child, he or she is responsible for keeping children safe from potential danger.
  3. Children must be unaware of the danger of the machinery or equipment, or unaware that they are coming upon a potentially dangerous situation, due to lack of fences or warning signs. Children generally understand the safety risk associated with natural dangers such as rivers or streams, risk of fire, or dangerous heights, so this law only applies to man-made structures.
  4. As long as the property owner’s ability to keep the dangerous condition enclosed and maintained is slight compared to the potential risk to children, he or she must do so.
  5. As long as the property owner fails to exhibit reasonable care to keep children safe from the dangerous condition, and the other four criteria are also met, there is a potential claim.

Children can become very seriously injured if they play with a dangerous object or piece of machinery. Machinery malfunctions can cause severed limbs and even death. If children are playing on or around an unsecured large object, it could fall and they could become trapped under the object and sustain internal damages, or even death.

When owners have a situation on their property that is potentially dangerous to children, it is their responsibility to recognize the danger and keep kids safe. Children are naturally inquisitive, and an owner must keep this in mind when his or her property contains dangerous machinery or other objects. Of course, children are expected to be careful as well. This law does not apply to kids who are guests on the property, as they are not trespassers, and it does not apply to conditions that kids should generally understand are dangerous.

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Be informed. Be aware. Be prepared.

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