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The attractive nuisance doctrine

Like all parents in New Orleans, you likely feel at least a tiny bit of trepidation every time your kids walk out the door. You hope that they exercise good judgment and avoid placing themselves in potentially dangerous situations, yet you also understand that some of what they encounter while out at play may be too enticing for their inquisitive minds to ignore. Many parents have come to us here at Didriksen Saucier & Woods PLC after their kids have been involved in accidents involving attractive features wondering why nothing was done to protect their children from them. If this describes the situation you find yourself in, you might also question what sort of legal recourse may be available to you.

It is understood that children (young children in particular) often lack the comprehension needed to understand the dangers the something like a swimming pool, a construction site or an abandoned building pose. Thus, a legal principle exists that places the responsibility on property owners to protect your kids from such attractions. According to the Cornell Law School, the attractive nuisance doctrine allows a property owner to be held liable if an artificial condition or object appears that is found on their land injures your child. This is true even if your child is on the property without the owner’s permission.

Two factors must be proven to invoke the attractive nuisance doctrine in your case. First, it must be reasonably foreseeable that the condition or object would indeed prove to be attractive to young children. Second, you must show that the property owner took no steps to protect kids from it.

More information on assigning liability for accident injuries can be found here on our site.

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