Children are, by nature, curious adventurers. Some of the best treasures are found by kids who are walking along a path and see some trinket that they can’t resist. Then, there are times when those “treasures” become dangerous and even deadly. Louisiana has attractive nuisance laws in place to protect children and others who are vulnerable from dangers they may encounter. It might be a trampoline in a backyard that is easily accessed or a swimming pool that’s not properly secured from neighborhood kids. Old cars and refrigerators are other examples. These are dangers that are often attractive to those who cannot understand the significant risks.
In these cases, if a property owner does not secure their property from those who are vulnerable, and a child is hurt or killed, it can be deemed an attractive nuisance within the Louisiana legal system. These are tort laws designed to hold a property owner responsible for any negligence to remove dangerous items or scenarios.
There are a few general factors that go into the determination of an attractive nuisance case. They might include:
- An expectation that the victim did not fully understand the danger that was involved
- The property owner could expect a child would be drawn to the property but does not take steps to secure that property
A proper investigation is a must and the attorneys of Cossé Law Firm are committed to ensuring these investigations unfold in both a timely and ethical manner. Our team of New Orleans personal injury attorneys carefully investigate cases from all perspectives in order to better understand how the accident happened and if there was any way that it might have been prevented. The ultimate goal is to ensure it never happens again.
We explore any steps taken by the property owner to secure their property – for example, was the pool secured within a locked, fenced area? Was there something that could have been done but wasn’t? Were the doors removed from the refrigerator?A small child generally does not have the same logic capacity as an adult does when it comes to sensing danger and risk. And speaking of adults, were any in the vicinity? What about other witnesses? Was there any history with the neighbor that would suggest previous negligence prior to the accident?
Most neighborhoods never see tragedies like these as generation after generation of kids are raised. Accidents, as devastating they may be, will happen. It’s what wasn’t done to prevent the accident that can cause problems for property owners.
These are never easy cases, but they are necessary in a civilized society. Our ultimate goal, as adults, parents, and teachers alike, is to provide a healthy environment for our children to grow and excel. By ensuring everyone does their part, we are ensuring a strong community with shared goals and priorities. Nothing is more important than our children.
To learn more about these important laws, we invite you to contact the personal injury lawyers at Cossé Law Firm and schedule a complimentary consultation to discuss the details of your case.