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The “Attractive Nuisance” Property Injury
In the warm summer weather, with time on their hands, it may seem harmless for kids to sneak into a yard for a dip in the pool or a jump on a trampoline, but in reality, the accountability is a serious issue, as noted in a recent Buffalo News article. It’s what’s known as the “attractive nuisance clause,” and owners are at fault even if the injured visitors were trespassing.
An attractive nuisance describes any feature on a property that could be enticing to children or teens. Common examples include swimming pools, trampolines, nonworking cars, playgrounds, piles of debris, and construction equipment. Property owners have a legal obligation to either secure these items so they are not accessible to young trespassers or to remove them completely.
The article noted that charity organizations will often pick up donations of things like nonworking cars, or a hired dumpster offers a way to dispose of debris, but for things like a pool, fencing or another type of barrier may be necessary. Insurance companies will typically have information for property owners on what is recommended or required, and how much liability coverage would be appropriate for properties with attractive nuisances.
If you or a loved one was injured on a property and you believe the owner is responsible, it may help to talk about the details with an experienced premises liability attorney in Philadelphia. Please contact us to set up a convenient time to speak.