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Explaining the application of the attractive nuisance doctrine

As the spring and summer months approach, your thoughts quickly turn to all of the fun activities in New Haven awaiting you and your family. However, we here at the Law Office of George H. Romania, LLC would warn you to exercise caution, especially with your children. For as much fun as climbing trees or swimming in a neighbor’s pool may be, such activities to present risks (many of which your kids still do not fully comprehend). Should one of them be injured by such an attraction, can you hold the owner of the property on which it’s located liable?

Residential swimming pools are often a magnet for children. Little children in particular often cannot wait to jump in and take a swim, even if the pool is not in your backyard. Were your youngster to enter into your neighbor’s pool without yours or the neighbor’s knowledge and drown, could your neighbor be liable?

The answer to that question depends on certain factors. According to the Legal Information Institute, the attractive nuisance doctrine allows you to seek compensation for injuries from the owner of a property that featured a dangerous attraction whose risks may not be appreciated by small children. This principle holds true even if your child happened to get into the pool without the property owner’s knowledge or permission.

That liability should not be assumed, however. If your neighbor tried to keep children away from the pool by erecting a security fence around it, that may satisfy the requirement that the attractive nuisance doctrine mandates that the property owner do something to restrict access to the dangerous attraction.

More information on property owner liability can be found by continuing to explore our site. 

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