Attractive Nuisance and Premises Liability. What Is it?

People get hurt in all kinds of ways and in all kinds of places. Sometimes, the danger can be as close as your own back yard.

Premises Liability

In law, the general rule is that all property owners must maintain their property in a reasonably safe condition so that people entering the property will not get hurt. If they don’t, then the property owner can be liable for any injuries that occur on their premises.

This is the legal theory called, “premises liability.”

A property owner’s duties depend on the laws of the state, of course, but also on the “status” of a person entering onto the property. In other words, the duty owed depends on whether the person entering the property is a:

• Licensee —someone who is present for his own purposes but enters with the permission of the owner.
• Social guest—is someone that is a guest, present with the owner’s permission.
• Business Invitee—someone who enters the property at the invitation, and for the benefit of the owner— like a customer. This invitation usually implies that the owner has taken reasonable steps to make the property safe.

Or

• Trespasser— someone who enters the premises without permission and has no right to be on the property.

However, there is one “class” of a person who, regardless of his or her “status,” has a special rule that applies to them. This class of persons is children (or other vulnerable people).

The Rule of Attractive Nuisance

When it comes to children or other vulnerable people, the law requires property owners not only to make their property safe if a child is on the property but to also keep children secure from any conditions that might attract a child onto the property.

This is the rule of “attractive nuisance.”

In other words, if you have something on your property that might be attractive to a child (for example, a trampoline, a pool, an empty refrigerator, an abandoned car, a pond, horses, etc.) you have a legal duty to protect children from that “attractive nuisance.” If you fail to do so and a child is hurt or killed, you could be held liable.

Faithfully Serving the Louisiana Community

At the Day Law Group, our passion is helping those who have been injured through the fault of another the compensation they deserve. We offer FREE consultations and in most cases, we do not get paid unless you win. We have offices in Baton Rouge, and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. So call 225-200-0000 or email us here.