What Is An Attractive Nuisance?
Alabama’s law of premises liability creates a specific duty of care for a property owner toward their visitors, though it will differ depending on the status of the visiting person. For example, a landowner only has the duty to refrain from willfully injuring a trespasser, while they must instead warn an invitee of any dangers that are not readily apparent. The rules for child visitors, however, are significantly different. If an accident happens on your land where a child is injured, you may be liable for the harm they have suffered, particularly if an “attractive nuisance” played a role in their injuries.
It can feel like the end of the world when your child is injured, but the Birmingham personal injury attorneys from Goldasich, Vick & Fulk are here to help. We understand the priorities of good parents, and can work with you to seek legal relief while you help your child to heal. Cases involving premises liability can be complex, but with the right attorney on your side, closure can be attained.
Certain Criteria Must Apply
The attractive nuisance doctrine in Alabama is defined as holding property owners responsible for injuries done to children caused by “hazardous conditions or objects” that would conceivably attract minors. While the definition of what may ‘attract minors’ is debatable, the point remains that the state’s legislature clearly intended property owners to take reasonable care when anticipating the presence of child trespassers. If the danger cannot be removed, there must be a warning available to visitors.
There are a handful of major criteria that will help to establish a solid attractive nuisance claim. They are:
- The condition must be ‘inherently dangerous’ – that is, the object or condition on the land must have the capacity to harm even when used properly;
- The condition must be artificial – natural landmarks like waterfalls or large stones might be dangerous to children, but they are not generally considered attractive nuisances;
- It must be attractive to children – whether through unusual objects, strange colors or sounds, or having any other characteristic likely to pique a child’s interest;
- The property owner must have been aware of the condition’s possible risk to others; and
- They must not have taken reasonable precautions, such as fencing off the site or posting warnings.
If you can establish that these, or even some of these, are accurate, you may have a case to bring on behalf of your injured child.
Courts Construe Doctrine Narrowly
While it is very possible to prevail in an attractive nuisance claim in Alabama courts, it is important to keep in mind that Alabama, unlike other states, tends to apply the doctrine very selectively. Dangers that are considered “patent” or “obvious” to a child of the age where the doctrine might apply will not trigger the doctrine. In other words, a child might reasonably be aware that playing with electric wires is a bad idea – if they then play with the wires and injure themselves, the attractive nuisance doctrine would not apply. This determination is often highly specific to each case at hand.
It is often worth trying to seek compensation for what your child has been through, but one important caveat still applies in Alabama: the state still follows what is known as a contributory negligence rule. This means that if the child’s actions contributed in any way to their injuries, there is a reduced likelihood that a jury will award compensation. (For adult plaintiffs, contributory negligence means even 1 percent of fault can totally bar financial recovery, but sometimes juries will factor in a young child’s lack of comprehension of their actions.)
We Are Here For You & Your Family
A young child injured on someone else’s land can be a parent’s nightmare. You do not have to go through the legal process alone: the Birmingham premises liability attorneys from Goldasich, Vick & Fulk are ready to help you and yours get the fairest outcome possible. Contact our office today at (205) 731-2566 to schedule a consultation.
