The attractive nuisance doctrine is an intriguing aspect of Pennsylvania law. It addresses situations where a child gets injured while trespassing on someone else’s property.
Understanding this doctrine helps property owners maintain safety and helps parents understand potential risks in their neighborhoods.
What are the basics of the attractive nuisance law?
This law works when a child goes onto someone else’s property because they see something interesting. If that thing is also dangerous and the child gets hurt, the property owner could be responsible. The attractive nuisance doctrine only applies if a child trespasses due to a dangerous, yet enticing object or condition on the property.
What is an attractive nuisance?
An attractive nuisance could be anything on your property that could make a child want to come in and could also hurt them. Examples could be a swimming pool, a trampoline or idle machinery.
What legally defines an attractive nuisance in Pennsylvania?
In Pennsylvania, the attractive nuisance law applies if all these things are true:
- The property owner knows or should know that kids are likely to come onto the property
- The property owner ought to know or knows that there is something there that could seriously hurt a child
- Because they are young, the kids do not understand that the thing could hurt them
- It would not be hard for the property owner to make the thing safe compared to how risky it is for the kids
- Kids got hurt on the property
The law also applies if the property owner does not do what is reasonable to make the thing safe or protect the kids.
How do you make things safer?
If you own property, you can do things to make it less likely that a child will get hurt. You could lock up areas where dangerous things are, put up warnings and check your property regularly to see if there are risks.
Knowing about the attractive nuisance law in Pennsylvania can help property owners avoid legal problems and keep kids in the community safe. Taking steps to prevent problems can help everyone feel more secure.