Published: Monday, 06 January 2014 13:58
It’s not uncommon for children to wander onto someone else’s property because they want to play with something they see there … and to get hurt as a result.
Of course, such children are “trespassing” in a sense, since they don’t have a legal right to go onto someone else’s property. But younger children usually don’t understand about property rights; they just want to play around something interesting, such as an old car, a discarded appliance or a swimming pool.
And the law is often on the children’s side. In fact, in many cases, the law says that landowners have a legal duty not to allow hazardous things on their property if a child might see them, wander over and be injured.
There’s even a formal legal name for dangerous things that entice children in this way: “attractive nuisances.”
Of course, that’s not to say that a homeowner can’t have a swimming pool in the backyard or keep an old car in the driveway. But property owners do have to take reasonable precautions to prevent injuries to children, even children whom they didn’t invite onto their land.
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