If you’re like many business owners, you want to make your property attractive for employees, customers and anyone passing by. You may have installed a large water fountain or fishpond in your patio area a sweeping outdoor stairwell leading to a rooftop break area where people can read, relax or even have outdoor meetings. However, what if a group of children found any or all of these features impossible to resist, came on to your property and one of them was injured? You might think you’re not liable because they were trespassing. However, the court may determine that you had an “attractive nuisance” that makes you legally responsible. An attractive nuisance is typically considered anything on a property that children and even teens are drawn to that could hurt them. Even if children are trespassing on a property, the property owner may face liability because they failed to make something so tempting safe or extremely difficult to access. Swimming pools are perhaps the most commonly cited example of attractive nuisances — at least for homeowners. However, business owners need to be careful about features on or around their property as well. Generally, to be considered an attractive nuisance, something has to be man-made, like a swimming pool or fountain. Trees typically don’t fall into this category. However, if you find that kids are often climbing up in your trees while their parents are conducting business inside or as they’re making their way home from school, it may be a good idea to take some steps to prevent that. A premises liability lawsuit can be costly to your bottom line and your reputation. If you have questions or concerns about your potential liability or if you’re already facing a lawsuit, consult with an experienced attorney.
Businesses can be liable for injuries on ‘attractive nuisances’
On Behalf of Lindhorst & Dreidame Co., L.P.A. | Jan 10, 2020 | Business Litigation
Recent Posts
Archives
- January 2022
- November 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016