Property owners in Las Vegas must keep their property in a reasonably safe condition. This duty also requires property owners to warn others of dangers on their property that might not be readily apparent.
The attractive nuisance doctrine, and other laws regarding a property owner’s, business’s, or any other entity’s potential liability to others on their premises, are part of the area of the law known as “premises liability.”
The Attractive Nuisance Doctrine In Nevada
The attractive nuisance doctrine is applied when a child is lured onto a property by some type of attractive condition. Under the doctrine, property owners in Nevada could be liable for injuries caused to children that trespassed on their property because of the luring condition.
The very things that make it so attractive can also make it dangerous.
The doctrine recognizes that children, because of their various ages and levels of maturity, are incapable of understanding or appreciating dangers or risks on the premises.
A property owner will be held liable for injuries to children trespassing on the property if the injury is caused by any hazardous condition or object on the property, that is attractive to curious children who are unable to understand the risk involved in such condition or object.
If your child is injured on someone else’s property, you should consult with a Las Vegas child injury attorney right away.
Common Attractive Nuisances In Las Vegas
Attractions such as pools and trampolines are commonly understood to be attractive nuisances whose owners are routinely expected to implement safety protocols, such as covers and fences. Some other common attractive nuisances include man-made ponds, lakes, and fountains; playground equipment and jungle gyms; abandoned cars, buildings, and appliances; treehouses; pets; skateboard ramps; farm equipment; exposed power lines; and open pits.
Natural lakes, unaltered trees, and wild animals aren’t attractive nuisances.
Elements Of Attractive Nuisance Doctrine
Children’s curiosity leaves them open to learning and new experiences, but it also leaves them far more vulnerable to placing themselves in dangerous situations. Children who trespass are treated differently than adults who trespass. Children can’t be considered negligent because of their age.
To be considered an attractive nuisance, an artificial (not naturally occurring) danger exists on the property that is known to or likely to attract children who can’t adequately appreciate the inherent risk associated; the property owner created or maintained the potential danger; the property owner should have known the condition would attract children; the property owner should have known the condition could harm children; and the property owner failed to employ reasonable care in his or her efforts to remove the danger in question.
What Are Common Injuries To Children On Someone Else’s Property?
Children can sustain an array of injuries on a property caused by the owner’s negligence or reckless behavior. The most common and often serious injuries to children that may lead to a premises liability lawsuit include broken bones, head injuries, spinal cord injuries, burn injuries, poisonings, bite injuries, and even drownings.
Liability Under The Attractive Nuisance Doctrine
Property owners or even tenants in Las Vegas who create an attractive nuisance can be held legally liable for the ensuing harm if they don’t take reasonable steps to prevent children from being injured.
Attractive nuisances are covered under the liability portion of home insurance policies in Nevada, which helps to pay for any injuries to others that occur on a property and for which the property owner is found liable.
Owning an attractive nuisance will likely raise a homeowner’s insurance rates and the insurer may require the homeowner to install safety features to minimize your liability exposure.
Pacific West Injury Law – Compassionate Las Vegas Personal Injury Lawyers Who Stand Up For Innocent Children Injured On Someone Else’s Property
At Pacific West Injury Law, our Las Vegas premises liability lawyers understand the anguish, concern, and stress that parents may experience after their child is hurt in an accident that occurs on a negligent property owner’s land.
After an unfortunate accident, the child’s parents should make taking care of the child their main priority, and our team is here to help with the rest.
The personal injury lawyers at Pacific West Injury Law are dedicated to safeguarding the legal rights of children that suffer serious injuries because of someone else’s negligence.
If your child was injured in an attractive nuisance accident in Las Vegas, Henderson, or North Las Vegas, you need to speak with an experienced Las Vegas premises liability lawyer as soon as possible. Please contact us online or call our office directly to schedule your free consultation.