Attractive Nuisances and Their Effects on Child Injury Lawsuits
Under certain circumstances, property owners have no particular responsibility to keep adult trespassers from suffering harm on their land. However, different rules apply to children who intentionally or unintentionally trespass onto someone’s property.
New Jersey law does not hold children to the same legal standards as adults. There is a presumption that children do not recognize or understand safety hazards as clearly as adults do, so property owners are expected to take special precautions to keep children from harm if there’s a likelihood of minors entering their premises.
New Jersey’s attractive nuisance doctrine outlines this unique legal responsibility. Under this doctrine, an attractive nuisance is defined as an artificial structure on someone’s land that is both enticing and hazardous to children. Common examples of attractive nuisances that children might find inviting include:
- Uncovered swimming pools
- Construction sites and debris
- Ponds, lakes, and fountains
- Industrial and yard work equipment
- Uncovered holes and trenches
- Slides, swings, and playsets
Property owners may be legally and financially liable if children sustain injuries after coming into contact with attractive nuisances on their premises. To recover compensation, injured parties typically must prove the existence of an attractive nuisance, that it was relatively easy for the child to trespass on the property, and the property owner’s failure to take reasonable safety precautions.