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What should I consider if my child is hurt on another's property?

You do everything that you can to keep your children safe. Unfortunately, it isn't possible to be with your child every second of every day. There is a chance that your child will be injured in an accident if he or she gets away from you for even one second. If your child is injured in an accident on another person's property, you should find out about the legal concept of attractive nuisances so that you can find out if it applies to your case.

What is an attractive nuisance?

In the simplest of terms, an attractive nuisance is something that would be so enticing that the child isn't able to stay away. This could be something shiny, something that has a lot of moving parts or something that looks fun. Some examples of this include a swimming pool, a trampoline and yard equipment.

What protections does the law provide for children?

Property owners aren't required to childproof a property. Instead, the property owner is expected to secure items that are attractive nuisances if they have reason to believe that children would be on or near the property and enticed.

Why does the law provide these protections?

The law recognizes that a child doesn't have the same reasoning abilities as an adult. This means that children might not think about what could happen if they play with or on an attractive nuisance. Instead, it is up to adults to try to protect children. Parents of a child who is harmed on an attractive nuisance can opt to pursue legal action against the property owner.

Source: FindLaw, "Dangers to Children: What is an Attractive Nuisance?," accessed Jan. 04, 2017

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