What Are Attractive Nuisances on a Property?

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A property owner may decorate their front yard in a way that appeals to passersby. Or, they may add attractions to their backyard to entertain their guests. However, seamlessly innocent additions to their property may pose a danger to your minor child. These are what are known as attractive nuisances. Continue reading to learn more about attractive nuisances and how an experienced Toronto slip and fall lawyer at Merricks Law Group, P.A. can determine the possibility of a claim if your minor child is injured.

What are considered attractive nuisances on a property?

Put simply, an attractive nuisance is considered to be items on a property owner’s premises that draw minor children in. Such items may look inviting but may actually cause serious injuries and damage upon an encounter.

Examples of unsuspecting attractive nuisances include, but are not limited to, the following:

  • Large appliances or furniture sitting on the front curb.
  • Lawnmowers or other landscaping tools resting in an unfenced front yard.
  • Exposed wires lying in an unfenced front yard.
  • Dangerous animals residing in an unfenced front yard.
  • A ladder resting on the side of a house that makes its roof easily accessible.
  • A poorly maintained swimming pool or trampoline in the backyard.

Can I file a premises liability claim due to an attractive nuisance?

We do not doubt that you incessantly supervise your minor child and have their safety at the top of your mind. So we understand that it is devastating if they become injured due to an attractive nuisance on a negligent party’s property.

This is a premises liability issue. Usually, a property owner is expected to hold a special responsibility in reducing potential dangers on their premises in anticipation of minor children passing by. On the flip side, minor children are not expected to anticipate the potential dangers they may come across on a property owner’s premises.

In a situation like this, you may be eligible to file a premises liability claim on your minor child’s behalf. This is so long as you can prove the following circumstances as true:

  1. A property owner had a duty of care to ensure there were no potential dangers within the attractive nuisance on their property.
  2. A property owner breached their duty by failing to clear the potential dangers within the attractive nuisance before inviting guests onto their property.
  3. Your minor child could not have reasonably comprehended the potential dangers within the attractive nuisance.
  4. Your minor child entered a slip and fall accident upon interacting with the attractive nuisance.
  5. Your minor child incurred injuries or damages upon interacting with the attractive nuisance.

You must take the initiative and reach out to a skilled Ontario personal injury lawyer at your earliest possible convenience. Our team at Merricks Law Group, P.A. will be happy to serve you.

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