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Morton Law Offices, Chartered

Does Your Child Have a Claim Under Idaho’s Attractive Nuisance Law?

Children tend to have an insatiable curiosity and not always the best judgment in situations that interest them but could be dangerous. For example, sometimes, they're attracted to something on another person's property that results in a tragic accident. In legal terms, this is referred to as an "attractive nuisance."

What's more, many of these types of accidents could have been completely prevented if the property owner had been more careful. If you're child has suffered in this type of accident, you may be able to obtain just compensation under Idaho’s attractive nuisance law.

How Does the Attractive Nuisance Doctrine Protect Children?

Attractive nuisance laws are designed to protect children and minors from dangers on property. It requires owners to keep their premises free of conditions that could attract children and cause them to injure themselves. If the property owner breaches this duty and a child is hurt, the owner could face liability for the child’s injuries. Under this law, the victim must show the following:

  • A possibly dangerous condition existed on the property.
  • The owner of the property created or maintained the dangerous condition.
  • The property owner knew or should have known that children would have been attracted to the property because of the condition.
  • The property owner knew or should have known that children would likely be injured by the condition.

What Are Common Attractive Nuisances?

What's considered an attractive nuisance is determined on a case-by-case basis. However, the following are often cited:

  • Swimming pools
  • Fountains
  • Wells
  • Tunnels
  • Machinery, such as a lawnmower, table saw, and other power tools
  • Automobiles
  • Dangerous animals
  • Construction sites and equipment
  • Gasoline pumps
  • Dumpsters
  • Stairs and paths

 

If your child was injured by an attractive nuisance, he may be entitled to compensation for his medical bills, pain and suffering, and more. However, he'll need your assistance as his parent or legal guardian to pursue a claim. Call Morton Law Offices today at 888.716.8021 to schedule a free, no-obligation consultation.