If you have a swimming pool, trampoline, treehouse, or any other type of artificial landscaping in your yard, it can attract children as it looks inviting. Still, it can pose a significant risk of danger. This is known as an attractive nuisance as it lures children to trespass onto a property to play. In South Carolina, property owners are legally obligated to maintain a safe environment for everyone who enters their premises. However, they owe children a higher level of care as they do not comprehend the risk associated with hazardous conditions. This means they must take reasonable steps to minimize the chances of injury. Please continue reading to learn about the attractive nuisance doctrine and discover how a dependable Chesterfield County Premises Liability Lawyer can help you understand your legal options.
What is an attractive nuisance in South Carolina?
As mentioned above, an attractive nuisance is something on a property that is compelling to children and looks interesting enough to entice them to enter a property to explore the item, but it can cause injury. Under the law, the attractive nuisance doctrine states that property owners can be held liable for injuries to children trespassing on their land if the damage is caused by a hazardous artificial condition found on the ground that is likely to attract children. Children are unaware of the dangers associated with interacting with artificial landscaping features on a property. Therefore, if a property owner believes children may enter the premises due to an attractive nuisance, they must take reasonable steps to prevent harm.
Are property owners liable for non-maintained attractive nuisances?
Generally, the law recognizes that young children can hurt themselves easily on anything. Due to these risks, young children must be supervised by a parent or guardian. Nevertheless, it is presumed that children understand some dangers, such as touching sharp objects, approaching a wild animal, touching fire, open puts, and falling from high heights. Property owners are not liable for apparent dangers. They are only responsible for artificial artificial conditions on their premises. Non-maintained items that are not legally attractive nuisances include ponds, cliffs, hills, small things like acorns, sticks, carbon monoxide poisoning, and smoke inhalation. Property owners must take reasonable precautions to keep their property in code by local, municipal, and state statutes to prevent injury and avoid liability.
If your child has been injured due to an attractive nuisance on someone else’s property, contact a determined Chesterfield County premises liability lawyer at the Cockrell Law Firm, P.C., who can help you fight to obtain the just compensation you deserve. Allow our firm to represent your interests today to maximize your chances of achieving the best possible outcome.