Premises Liability and the Law of Attractive Nuisances

Premises Liability and the Law of Attractive Nuisances

Attractive nuisances are any feature on someone’s personal property that might entice children to trespass onto the property and be injured. In New Orleans, attractive nuisance laws are in place to protect children from injuries. If a child does trespass and is harmed, the law will consider the property owners responsible for creating the situation that led to a child’s injury.

Louisiana law requires property owners to keep their homes and land free from conditions that might attract children. If he or she knew or should have known something on his or her property would attract children, the parents of the injured child could sue the property owner for damages.

Examples of attractive nuisances can include the following:

  • Swimming pools
  • Fountains
  • Large machines
  • Wells
  • Tunnels
  • Abandoned cars
  • Dangerous animals
  • Paths
  • Stairs
  • Accessible rooftops

This doctrine still counts if the child was trespassing on someone’s property. The owner of the property has the responsibility to take reasonable precautions to protect children against the dangers of potential attractions, such as building fences.

The only time the doctrine wouldn’t apply is if preventing a child from trespassing because of the attractive nuisance places a tremendous burden on a property owner. Likewise, where the use of land is dangerous only to trespassers and the courts are reluctant to impose a restraint upon an owner’s use of land, the property owner might not be prosecuted.

If your child was harmed by the negligence or carelessness of a property owner who has the care of an attractive nuisance, let us help. Scott Vicknair, LLC can offer experienced and tenacious representatives who can help you recover compensation for your child’s medical bills and pain and suffering. Let our skilled New Orleans premises liability attorneys see what they can do for you.

Contact us at (504) 500-1111 or fill out our online form to schedule a free case consultation with us today!