Intimidatingly attractive nuisance
Inform adult neighbors of any tempting situations that may be present on your property. While locked file cabinets or closets may suffice for storage, weapons are more secure in an actual gun safe, unloaded. They may have been in a stove, which would still be an issue even in abandoned, old stoves, but consider refrigerators for example. At public playgrounds, climbing equipment racks up the most injuries. Attractive Nuisance Court Case Bennett v.
None of these steps will eliminate the liability but they will reduce the chances of an accident occurring. Sand, wood chips, pea gravel or similar surface are good shock absorbers. That was until the case reached the Ohio Supreme Court. Think about what could possibly go wrong that could result in an accident. With the many communities in Florida, this is a large number of people.
Premises Liability and Attractive Nuisances in California
With the summer heat quickly approaching in Florida, people are breaking out their sunscreen and bathing suits. As personal injury lawyer Guy S.
As a pool owner, you are liable for accidents even if people sneak into your pool without your consent. The conditions on the premises that may be considered an attractive nuisance fall within general principles regarding dangerous conditions on premises. This doctrine is a negligence based theory that holds landowners to a higher standard when they create an artificial condition on their land. The Stanleys were sued for negligence.
If you have a water feature, your insurance agent may advise purchasing additional liability insurance that includes damage to the pool, deck and deck furnishings as well as liability for injury. The information included in this publication was developed or obtained from sources believed to be reliable.
Attractive barriers can help prevent accidents, and floating alarms that sound when someone enters the water can be used to alert you of the situation. For example, a resident might build a water slide in their front yard with no fencing or barricades preventing trespassers from it. Consider storing ammunition in a separate, locked area.
If you have a pool, insurers will require you to have the pool securely gated and locked at all times. At first, the Bennetts were considered trespassers and the court continually ruled in favor of the Stanleys. The landowner failed to take reasonable action to eliminate the attractive nuisance. Be aware, however, that recycled rubber, while cushioning, may be carcinogenic.
Those seemingly serene pools in many backyards are the ultimate attractive nuisances, perhaps best illustrating what an attractive nuisance is. Because most injuries from swings also involve falls, install a shock-absorbing surface for your playground and make sure it continues at least six feet from the swing set. Not only will these precautions alleviate risks of liability for the landowner, it also creates a safer community for others. However, as relaxing as the pool is, it also creates very dangerous risks for bodily harm. Protecting Yourself from Liability To reduce the chances of an injury and liability on your property, several steps can be taken.
Landowners should always be aware of any dangerous condition on their property. Reduce your risks now, before accidents occur. Thus, every situation is different and liability in these situations rests on the facts and circumstances of every case. There are precautions you can take to reduce the foreseeable dangers these features may pose and help protect yourself from charges of negligence.
Residents who live in a neighborhood surrounded with lots of families should be well aware of the Attractive Nuisance Doctrine. The above are not the only items that are considered attractive nuisances. An example would be a locking trunk. If you have any of these playground features, consider installing a locked and alarmed fence around your yard or around the playground so you know when someone is playing there. Put toddler swings in their own area, and ensure they have full-bucket seats.
Keeping your property junk-free and in reasonable repair can mitigate some of these issues. You can reduce your liability for accidents without filling in your pool or hauling away your playground equipment or other features that make your property distinctive and entertaining.
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