In Pennsylvania, the attractive nuisance doctrine requires property owners to protect children who are likely to trespass on the landowner’s property from potential dangers. Under Pennsylvania attractive nuisance laws, if a property owner fails to take reasonable precautions to remove or safeguard a dangerous condition, such as swimming pools, construction projects, or any other artificial condition on their property, then they can be held legally liable for the child’s injuries sustained on their premises.
At The Law Offices of Ed Shaughnessy, our Easton child injury lawyer group has extensive experience with attractive nuisance laws in premises liability cases. If your child suffered a personal injury caused by a negligent property owner or premises liability violations in Lehigh Valley, secure experienced representation from a personal injury lawyer experienced in child injury claims as well as Pennsylvania’s attractive nuisance doctrine.
Call our law firm for a free consultation to discuss your attractive nuisance case in Lehigh Valley, PA.
What is an Attractive Nuisance in Pennsylvania?
Under Pennsylvania’s attractive nuisance laws, an attractive nuisance is a hazardous, artificial, or dangerous condition on someone else’s property that could attract children but pose a danger to the trespassing children. According to Pennsylvania’s attractive nuisance doctrine, attractive nuisances could include a swimming pool, trampoline, tree houses, construction projects, etc. Anyone who owns or manages land has a special responsibility to take reasonable precautions or reasonable steps to prevent children likely to trespass from accessing the potential dangers in order to avoid injuries.
Because Pennsylvania’s attractive nuisance doctrine requires property owners to take reasonable steps to protect the children around them, if a child is injured because a hazardous condition is easily accessible, the property owner can be held liable for injuries.
Attractive Nuisance Definition
In Pennsylvania, the attractive nuisance doctrine holds property owners responsible when they put children in danger by not removing or blocking objects on their property that are likely to attract children. Common examples of an attractive nuisance include a swimming pool, playground equipment, abandoned buildings, or construction sites. Under this legal concept, even if a child is trespassing, the property owner may still be liable if they fail to take reasonable steps to secure or remove the artificial condition, as children may not fully understand the risks involved.
Attractive Nuisance Doctrine
The attractive nuisance law places a responsibility on property owners to safeguard attractive nuisances and prevent bodily harm since young children are likely to trespass. Pennsylvania’s attractive nuisance laws ensure property owners are held liable for injuries sustained by child trespassers on their property due to a failure to safeguard the dangerous condition and prevent harm to the children involved.
Attractive nuisance laws recognize that young children are likely to not have the common sense to fully comprehend the potential risks of their actions. These laws also understand small children are naturally curious and drawn to attractive nuisances, like swimming pools, construction projects, or tree houses.
So, property owners, as adults, are obligated under Pennsylvania’s attractive nuisance laws to exercise reasonable care and take reasonable steps to block access to any hazardous condition on their premises to avoid injuries to trespassing children.
Attractive Nuisance Strict Liability for Property Owners
In Pennsylvania, owners and managers may face strict liability under the attractive nuisance doctrine if a child is injured by a danger on their property. This means that even if the property owner did not act negligently, they could still be held liable for injuries caused by dangerous features that are likely to attract children, such as a swimming pool, machinery, playground equipment, or abandoned structures. To avoid strict liability, property and land owners are expected to take reasonable steps to secure these dangers, as children may not understand the risks they pose.
In many cases, attractive nuisance law places the responsibility on owners to be aware of what conditions exist on their land
Attractive Nuisance Elements
Pennsylvania’s attractive nuisance laws have three components that are vital to personal injury and premises liability cases. These three elements include:
- Trespassing children may not have the common sense or ability to grasp potential risks and harm.
- A property owner must take reasonable precautions to eliminate or minimize dangers and avoid harm.
- If a property owner fails, he or she can be held legally liable in premises liability cases.
Can You Sue a Property Owner for Negligence or Failure to Exercise Reasonable Care Under Pennsylvania Attractive Nuisance Laws?
Under Pennsylvania attractive nuisance laws, if specific conditions are met, owners can be held responsible for injury to child trespassers caused by attractive nuisances on their property.
- Foreseeability: The property owner must have been able to use common sense (under the reasonable person standard) and foresee that child trespassers would be attracted to the condition. For example, a swimming pool owner should understand that trespassing children would want to use his or her swimming pool.
- Lack of Action: The property owner has neglected to take reasonable safety measures to eliminate or mitigate the risk of children’s injuries. So, if a child is injured or drowns because the swimming pool owner didn’t take reasonable safety measures, he or she can be held accountable in the wrongful death or personal injury claim.
- Age of the Child: Very young children are typically much less likely to understand risk. If small children are involved, the property owner is more likely to be held responsible than for trespassing children who are older.
If a property owner failed to prevent children from accessing hazardous conditions on their property, and your child sustained serious injuries. As a result, a personal injury lawyer in Easton, PA, can help you pursue a personal injury claim.
Reasonable Person Standard and Attractive Nuisances in Pennsylvania
The reasonable person standard is crucial for cases involving premises liability, especially for cases with attractive nuisances that pose dangers to a young child.
In Pennsylvania, the attractive nuisance doctrine applies a reasonable person standard to the property owner when it comes to trespassing children. Attractive nuisance laws place the reasonable person standard on the adults, not the child trespassers, to protect children.
Even if children are trespassing, the property owner can still be held responsible for any bodily harm if they fail to secure the attractive nuisance and prevent access to it.
Does Attractive Nuisance Apply to Adults?
Attractive nuisances do not typically apply to adults. The attractive nuisance doctrine is designed to protect children who aren’t able to appreciate the assumption of risk posed by something on someone else’s property. An adult is expected to recognize risk and is responsible for his or her own safety on another landowner’s property.
However, premises liability requires property owners to ensure their properties are generally safe for visitors, but this can be absolved with an open and obvious defense in court for adults.
Attractive Nuisance Warning Signs
If a property owner posts a warning sign, this does not typically absolve them of liability under Pennsylvania’s attractive nuisance law since little kids who trespass are typically too young to read or understand what the warning sign means. Pennsylvania law regarding attractive nuisances recognizes that small kids don’t assess risk like an adult would, therefore placing the “adult” responsibility on the property owner to protect the children around them.
The court will weigh the adequacy of the warning sign in preventing the child’s injuries based on the child’s age, the injury risk, the nature of the condition on the property, and whether other steps were taken to prevent access.
Attractive Nuisance Examples in Pennsylvania
Railroads: The Nuisance That Started the Turntable Doctrine
Railroads played a key role in the development of the attractive nuisance law, particularly with the “turntable” cases, where kids were injured while playing on unsecured railroad turntables. One landmark attractive nuisance case established the principle that dangerous conditions like these are attractive nuisances that pose dangers to young kids. This doctrine now requires property owners to take precautions to secure hazardous features if they are or should be aware of them.
Attractive nuisance examples like turntables set the stage for modern premises liability law, holding owners accountable for their own property.
Swimming Pools, Fountains, Wells, and Water Features
Swimming pools, fountains, wells, and other water features are common attractive nuisances. These features often draw young kids, increasing the likelihood of accidents such as drowning. If a child is injured or drowns in a swimming pool or water feature due to improper safety measures, an Easton drowning accident lawyer can help the family pursue legal action against the property owner for failing to secure the area properly.
Playground Equipment, Tree Houses, and Trampolines
Playground equipment, tree forts, and trampolines are common attractive nuisances that can pose significant dangers to a child, especially when they are easily accessible. Under attractive nuisance law, the property owner is responsible for securing these elements on their property to prevent injury, even if the child is a trespasser. If the owner is or should be aware, they are required to take steps to eliminate the dangers, such as installing fences or removing hazardous items from the land. Contact our Easton trampoline accident lawyer team to learn more.
Construction Sites
Construction sites are often considered attractive nuisances because they contain dangerous equipment and materials that can easily attract little ones. The law requires property owners to take necessary precautions to secure these areas and eliminate hazards to prevent accidents, even in cases of trespass. If a child is injured due to inadequate safety measures, an Easton construction accident lawyer can help families seek compensation for personal injury sustained. Whether it’s large machinery or open trenches, construction projects must be properly safeguarded to avoid tragic incidents.
How a Premises Liability Lawyer in Eaton, PA Can Help
An Easton slip and fall lawyer can provide crucial support if a child is injured on another person’s property. Pennsylvania premises liability law requires property owners to maintain safe conditions and take steps to protect the children, even in cases of trespass. Whether it’s securing dangerous areas or addressing hazardous conditions, owners are responsible for ensuring safety.
