There are certain dangers in the world that draw people to them. A great example is how a small child is attracted to a swimming pool. The pool is what would be called an “attractive nuisance.” When someone is injured by an attractive nuisance, many factors must be considered.
How to Determine an Attractive Nuisance
If the property in question contains or has a structure built in, such as a swimming pool, that may pose a danger to children but is also inviting to them, then this may be considered an attractive nuisance.
The factors that comprise an attractive nuisance can include the following:
- It is expected that children will not fully understand the inherent danger involved
- The property owner might expect that children will want to walk along the property, and therefore is responsible for preventing any injuries.
- If the property owner does not fulfill their legal obligation, they can legally responsible for any harm or injuries.
Preventing Injuries from an Attractive Nuisance
As New Orleans injury lawyers, we investigate cases from top to bottom to determine how the accident happened and if there was any that it could have been prevented. First, did the owner of the nuisance take steps to make sure that no one would get hurt? Just as in the pool example, did the owner have a gate with a lock that prevented access or a barrier around the pool itself?
Second, we must look at the injured person: Did they have the capacity to protect themselves? A small child would not be considered to have the capability of avoiding the nuisance, whereas an adult would be presumed to know of the danger and avoid it.
If you or someone you know has been injured by an attractive nuisance, call the Cossé Law Firm, L.L.C. for more information or to see if we can handle your case.