Most landowners assume that they are not liable for any damages that may befall a person who is trespassing on their property. However, there is a little-known exception to this rule. Property owners that keep or allow what is considered an attractive nuisance on their land can be held responsible for injuries incurred by children, even if they are trespassing. Here is a brief guide to this facet of tort law and when to contact a personal injury attorney.

What Is an Attractive Nuisance?

An attractive nuisance is a dangerous condition on a property that is especially attractive to children. Common examples of such conditions include swimming pools, trampolines, ponds, fountains, tree houses, open pits, discarded appliances, and unsupervised machinery. 

Any item that might appeal to a child or young teenager with limited impulse control can typically be considered an attractive nuisance, but it's always a good idea to verify with your personal injury attorney.

What Are the Legal Elements?

As with every legal concept, there are certain elements that have to be proven in a case involving an attractive nuisance. First, you (or your personal injury attorney) must prove that the dangerous and attractive condition was present on the property at the time when the injury occurred. 

Then, it must be proven that the property owner either actively maintained the condition, knew about it, or reasonably should have known about it. Lastly, you'll need to prove that the landowner knew or reasonably should have known that the condition was hazardous to children.

If your child has been injured due to an attractive nuisance, you can count on the Law Offices of Terrence J. Paulk, PC in Fitzgerald, GA. These seasoned attorneys have fought for their client's rights for over 30 years. Visit their website or call (229) 423-8783 to schedule a free consultation to discuss your case and start putting together a customized plan today.