Dealing With Everyday Objects That May Constitute Attractive Nuisances
Attractive nuisances are dangerous conditions or objects that may attract children to your property, and harm them. Children are specifically mentioned because they are naturally curious and haven't learned to recognize danger.
Most people know this, but they assume that special conditions such as swimming pools, trampolines, and construction debris may attract and harm children. The reality is that there are many other everyday objects that fit this category. Here are a few examples and how to deal with them:
Discarded appliances, even the ones that look "ordinary" to you, can easily attract children to your compound. Think about refrigerators, dryers, and washing machines; many children would love to play with those things.
Ideally, you should discard them as soon as you remove them from your house. If that is not possible, and they have to spend a day or two in the yard, then you should dismantle them. For example, taking out a refrigerator's door makes it an unattractive hiding place and less likely to trap a child.
A liquor cabinet may seem very unattractive to you, but the young ones may be mesmerized by the rows of bottles it contains. Remember, you may be held responsible if a minor partakes some of that liquor and later injures somebody while under the influence. The best preventive measure is to ensure that the cabinet is always locked up, and the key isn't accessible.
Children will always be attracted to automobiles. Yet, stalled cars, rusty farm tractors, and discarded motorcycles all pose serious injuries to unsuspecting children. They may lock themselves in a car's trunk or get pinned down by a heavy part.
While you may escape liability for working automobiles (you can't be expected to lock them all up every day), you may have to pay for injuries caused by junk cars on your property. Get rid of those junks are soon as you can, or keep them away from children by locking them in garages or fenced sections of your property.
Holes on the Ground
There are numerous examples of these. Think about excavated trenches, holes from which tree stumps have been removed, wells, and even underground tanks. For example, wells may attract children who may use wish to throw things into it, such as wishing coins. It helps to fill all the holes you can, fence the ones that you can't fill.
In short, your view of what constitutes an attractive nuisance may be different from the court's view. Therefore, it is best to prepare your defense adequately (with the help of lawyers from firms like Edward J. Achrem & Associates, Ltd.) if you are ever faced with a personal injury claim of this caliber.