ATTRACTIVE NUISANCE CLAIMS & YOUR RIGHT TO RELIEF
Swimming pools, playgrounds, and other property features fall under a law known as the “Attractive Nuisance Doctrine,” which means property owners can be held liable for any injuries or deaths that occur due to a curious child’s access to the feature. In severe cases, these features could actually result in fatal accidents purely because the child was unaware of the risk imposed by the property feature.
If your child has been harmed by conditions on someone else’s property, their accident does not have to stand unanswered. The experienced Altoona personal injury lawyers at Goldstein, Heslop, Steele, Clapper, Oswalt and Smith know what these laws entail and how to hold the responsible parties accountable. Our team of legal experts will analyze the evidence of each case in order to fight aggressively for the compensation what our clients deserve.
Call our Blair County law firm at (814) 705-4741 today and schedule your initial case review with our skilled legal team.
FIVE CRITERIA OF ATTRACTIVE NUISANCES
In order for a property feature to be labeled an “attractive nuisance,” it must satisfy a few criteria. These are in place primarily to indicate that the property owner knew the risk of having said feature, and yet failed to make any effort in order to either fix the issue or put adequate protection in place to prevent any accidents from happening.
In order to be considered an attractive nuisance, a property feature must meet the following criteria:
- The structure or feature will entice children onto the property (a swimming pool, playground equipment, even large, discarded appliances are good examples)
- The property owner understands or should understand the risk the feature poses
- Children are unable to acknowledge the risk the structure poses
- The risk involved far outweighs the cost of removing the risk
- The property owner does not minimize the risk through reasonable precaution
Swimming pools are not the only sites for attractive nuisance deaths. Rusty playground equipment, parking lots, leashed pets, construction sites, or any other feature children may be known to pass by could be considered an attractive nuisance.
The skilled Blair County personal injury attorneys at Goldstein, Heslop, Steele, Clapper, Oswalt and Smith can help you if someone you know has been harmed in an accident as a result of an attractive nuisance. With an elite team of lawyers each concentrating their practice advocating for the injured and wronged, we can provide your case with the attention it deserves.
Don’t let the statute of limitations pass without taking action. Contact our team today.