Attractive nuisances can lead to premises liability lawsuits

Parents nationwide, including Minnesota, know all too well how quickly the curiosity of young children or toddlers can propel them toward harm. The instincts of kids to explore can take them to dangerous places that intrigue and excite them. That is why there are attractive nuisance laws and premises liability lawsuits that aim to protect the little ones.

What is an attractive nuisance? It is any structure or object that is overwhelmingly inviting while being dangerous at the same time. Laws require property owners to take measures that will prevent young children from access and injuries. If a child is injured or harmed by such conditions, the parents might have grounds to pursue financial relief. The courts deal with each case individually, based on the circumstances.

For an attractive nuisance claim to be viable, certain aspects must be valid. The owner must know or should have known that the object, structure or condition would lure and entice young children. The situation must be potentially life-threatening, or capable of causing serious harm to a child, and the child involved was not old enough to recognize the danger. The steps and costs to remove the threat or prevent access must be significantly less than the risk it poses to children.

If all these conditions exist, and the property owner failed to take the necessary steps to prevent access to the attractive nuisance, the child's parents may choose to pursue legal action through the Minnesota civil justice system. This is a complicated field of the law, and most parents in similar circumstances seek the support and guidance of an experienced premises liability attorney. Legal counsel can explain their rights and advocate for them in the ensuing legal proceedings.

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