Children’s natural curiosity may lead them onto neighboring properties, drawn to attractive features like trampolines or swimming pools. However, without supervision or safety measures, this curiosity can result in serious accidents, such as falls or drowning.
California property owners must take reasonable steps to secure “attractive nuisances” that could attract and injure children.
The California personal injury lawyers at Ernst Law Group advocate for injury victims, including children harmed by dangerous property conditions. This guide explores the attractive nuisance doctrine, how it applies in California premises liability cases, and what steps property owners should take to prevent harm.
What is the attractive nuisance doctrine?
The attractive nuisance doctrine is a legal principle that holds property owners liable for injuries to children who trespass onto their land due to an enticing but dangerous condition. The doctrine generally applies to artificial conditions on a property that entice children and pose a serious risk of harm, such as swimming pools, construction sites, or abandoned vehicles. The law recognizes that children may not fully understand risks, so property owners have a heightened duty to protect them from harm.
Although California does not strictly follow the traditional attractive nuisance doctrine, courts still evaluate foreseeability and negligence when determining liability. Property owners can be held responsible if they fail to take reasonable steps to secure dangerous conditions that could attract children.
Common examples of attractive nuisances
Although California law does not explicitly use the term “attractive nuisance,” courts have held property owners accountable for failing to secure certain hazards that are particularly dangerous to children. Examples include:
- Swimming pools: Unfenced pools pose a serious drowning risk to young children.
- Trampolines: Unsupervised trampolines can lead to falls or collisions.
- Construction sites: Open trenches, scaffolding, and heavy machinery can attract children who do not understand the dangers.
- Abandoned structures: Old sheds, garages, or buildings can be structurally unsafe.
- Unattended vehicles: Unlocked cars, particularly with keys inside, can be hazardous if children climb in.
- Exposed electrical equipment: Unsecured power lines, transformers, or junction boxes can pose electrocution risks.
When can a property owner be held liable?
A California property owner may be held liable for injuries caused by an attractive nuisance if the following conditions are met:
- The property owner knows (or should know) that children are likely to trespass.
- The property owner knows (or should know) that the condition poses an unreasonable risk of harm or death.
- Children are unlikely to recognize the danger.
- The burden of protecting children is minimal compared to the risk of harm.
- The property owner failed to take reasonable steps to remove the danger or prevent access.
How can property owners prevent attractive nuisance liability?
To avoid liability for injuries caused by an attractive nuisance, property owners should take proactive safety measures, including:
- Installing fences or locked gates around pools, construction sites, or other hazardous areas.
- Removing abandoned structures, appliances, or dangerous equipment from the property.
- Securing electrical panels or power tools in locked areas.
- Posting clear warning signs near hazardous conditions.
- Supervising children when they are on the property.
Taking reasonable steps to prevent foreseeable harm can protect children and reduce the risk of legal liability.
What to do if your child is injured on someone else’s property
If your child was injured due to an unsafe condition on someone else’s property, you may have the right to seek compensation for:
- Medical bills
- Pain and suffering
- Ongoing care or rehabilitation
- Loss of enjoyment of life
At Ernst Law Group, we fight for families whose children have suffered preventable injuries due to unsafe property conditions. We investigate property hazards, gather evidence, and hold negligent property owners accountable.
Contact Ernst Law Group for a free consultation
If your child was injured due to an attractive nuisance in California, you may have grounds for a premises liability claim. Contact Ernst Law Group at (805) 541-0300 for a free consultation. Our attorneys are committed to securing justice and compensation for injury victims.
