What You Should Know About "Attractive Nuisance" Law

By: Frank H. Bailey, Founder/Senior Partner

You might not have heard of it, but you or your neighbor’s property could contain an attractive nuisance. This is a condition on someone’s property that is likely to attract children. If a child is injured by an attractive nuisance, the property owner could be held liable for damages in a personal injury case.

Common examples of this type of nuisance are: swimming pools, trampolines, and construction equipment. There is not an exhaustive list of items that could count as an attractive nuisance. If a structure on the property is both dangerous and attractive to children, it is likely that a court will consider it a nuisance in any resulting personal injury case.

The type of danger required is such that a child would be too young or immature to realize its existence. Additionally, the conditions on the property are required to be of enough danger to require precautionary measures. An Arkansas court, in Crawford v. Cox Planning Mill & Lumber Co., summed this line of thinking up well when they said: “If every instrumentality that is attractive to a venturesome boy and, also, has an element of danger about it constitutes an attractive nuisance then there is no limit to its application.”

This area of law is very fact dependent. The inclusion of a warning sign on a property could determine the fate of the case. There are some key questions to keep in mind though when determining the likelihood of liability of the property owner. First, does the property owner know that children are likely to be on his property? Is the dangerous condition of the property reasonably affordable to fix, or would it cost an unreasonable amount to fix when compared to the probability of harm to a child? Has the property taken steps to mitigate the dangers on the property, such as erecting a barrier or warning sign?

Determining the existence of an attractive nuisance can become a tricky endeavor. At Bailey & Oliver Law Firm we have years of experience litigating complex cases and representing clients who have suffered from personal injuries. With our representation, you can rest assured that we will go the extra mile to provide you the legal help you deserve. Our office is located just West of Exit 81 on I-49 in Rogers, Arkansas.  Give us a call at 479-202-5200.

We serve Rogers, Bentonville, Springdale, Lowell, Bella Vista, Centerton, Decatur, Highfill, Cave Springs, Gravette, Pea Ridge, Fayetteville, Huntsville, Berryville, Eureka Springs and all of Arkansas.