In #Georgia, there is a doctrine designed to protect children referred to as the attractive nuisance. An attractive nuisance, under this law are items on someone else's property that can be dangerous, but that are also attractive to children. These items commonly include, swimming pools, trampolines, play sets, or any other item that might draw a child towards it. This doctrine only protects children who are trespassing - not adults. Children who are invited onto the property are not included in the attractive nuisance doctrine, either. However, if they are injured on someone's property, even if they are invited, there are other legal avenues available in those cases. For other personal injury cases that may have to do with negligence, contact an attorney.
Five conditions must be met for the attractive nuisance law to be viable:
The possessor and/or owner of the land where the attractive nuisance exists knows or has a reason to know that children may trespass.
The condition is one that the possessor and/or owner knows or has a reason to know or should be able to realize there is an unreasonable risk of death or serious injury to children who may trespass.
The children, because they are young, do not realize the risk that may be involved in the area that is dangerous.
The work involved by the possessor/and or owner of the land by maintaining the condition and/or eliminating the danger is minimal when compared to the risk to the children.
The possessor and/or owner of the land fails to use reasonable care to eliminate the danger or to protect the children. Reasonable care is determined on a case by case basis and requires investigation of the attractive nuisance.
Attractive nuisance items can cause serious injury or even wrongful death to children. These cases can be very emotional and leave parents with many questions. The bottom line is that if your child was injured while trespassing on someone else’s property, you may be able to recover damages for your child’s injuries. If you have questions about a potential case, it is wise to consult legal advice from an experienced Georgia law firm. Contact us today for a free consultation.