An attractive nuisance is a legal term that refers to a potentially dangerous object or condition on a property that may attract children but also pose a risk of harm to them. Examples of attractive nuisances could include swimming pools, trampolines, or abandoned buildings.
Before 1970, California had the active attractive nuisance doctrine. This nuisance doctrine states that property owners have a special duty of care to keep their property safe for curious children, and could be liable for injuries to children trespassing because of the luring condition. However, the case of Beard v. Atchison removed the active nuisance doctrine from California Law.
Key Terms About Attractive Nuisance
There are several essential terms you need to understand in the discussion of the nuisance doctrine. We detail them below.
Premises Liability
In all states, Premises Liability holds a property owner liable for damages that occurred on his property. The owner of the property is responsible for maintaining his property in a safe environment and without dangerous conditions. The concept of premises liability is based on negligence under Civil Code 1714. The law provides:
(a) Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.
Common premises that may give rise to premise liability lawsuits are:
- Animal and Dog Bites
- Slip and Fall Accidents
- Dangerous Property
- Negligent or Inadequate Security
- Swimming Pool Injury
- Inadequate Maintenance
- Children on Property
- Retail Store Liability
- Restaurant Liability
In evaluating whether a landowner is liable, a court may weigh:
- Whether the landowner knew or had reason to know that children could trespass near the hazard.
- The type of hazard on the property and whether the hazard poses an unreasonable risk of death or serious bodily harm to children.
- Whether the children, due to their youth, could understand the risk or physical harm involved;
- The importance to the landowner of maintaining the hazardous condition.
- How does the burden of eliminating the danger to children compare to the risk of harm involved.
- Whether the landowner took reasonable precautions or exercised reasonable care to eliminate the defective condition or hazard and to protect the children from harm.
Typical nuisances that carry potential danger and can make a homeowner responsible for injuries include:
- Swimming pools and water features (including above-ground pools)
- Trampolines
- Playground equipment
- Tree Houses
- Fountains
- Machinery (lawnmowers, gasoline pumps, etc.)
- Landscaping and artificial landscaping features
- Broken gates or safety gates
- Construction equipment and equipment racks
- Other enticing objects that carry inherent risks
Child Injury
Children under 18 years old are not allowed to file lawsuits in California. Hence, the parents or legal guardians of the children shall file a personal injury claim on their behalf. In this case, the statute of limitations must be taken into consideration when filing a complaint.
Accidents may vary, and so does the Statute of Limitations. The personal injury cases in California differ since a child may suffer injuries in different kinds of accidents.
The statute of limitations to sue is different if the victim is under 18 years old.
- The deadline is stopped until the child turns 18 years old.
- The child would have two years from their 18th birthday to file their personal injury lawsuit.
Despite the allotted time before the period to sue expires, you should still seek the assistance of a child injury lawyer in California to maximize the claim and to build a stronger suit against the negligent party. In addition, failure to file a lawsuit in the given period shall provide a chance for the negligent party to file a motion to dismiss the case.
Wrongful Death
A wrongful death claim arises when a person dies as a result of the fault of another. In the case of dangers for children, it is possible to file a wrongful death claim.
In California, the statute of limitations that applies to a wrongful death lawsuit sets a filing deadline of two years from the date of the decedent’s death. If the case is not initiated in the state’s civil court system within two years, the family will lose the right to file it at all.
Award-Winning Child Injury Lawyer in California
At Farahi Law Firm, we will help you get the settlement that you deserve. Adjusters will do doubt employ several tricks to lower the value of your claims. Do not worry because we have experienced attorneys who will fight aggressively on your behalf.
Our personal injury law firm has recovered millions of dollars for hundreds of accident victims in California. Contact us for a FREE consultation. No fees unless we win.
