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Attractive Nuisance Doctrine in Nevada Explained
In Nevada, the attractive nuisance doctrine refers to the legal accountability property owners have for any injuries a child may suffer due to being lured or enticed onto their property by an object or condition that is likely to attract young children.
The attractive nuisance doctrine, a principle of common law, applies to premises liability claims and is based on the understanding that younger children may not fully comprehend the dangers posed by certain objects and areas, such as swimming pools, abandoned vehicles, and construction sites.
The Las Vegas personal injury lawyers at The Rodney Okano Car Accident Lawyer Law Firm can both pursue attractive nuisance claims on behalf of a child or defend against them on behalf of a property owner being sued, so whether you're a parent of an injured child or a property owner facing an attractive nuisance claim, our attorneys are here to help you navigate your legal rights.
Elements of an Attractive Nuisance in Nevada
For there to be a valid attractive nuisance premises liability lawsuit, and for the property owner to be held legally liable for a child's injuries, certain elements must be established by the plaintiff.
The Property Contains a Dangerous Feature That Would Likely Attract Children
In an attractive nuisance case, the property where the child was injured must have contained something inherently dangerous that is also considered to be enticing to young children.
Common examples of such items include swimming pools, trampolines, abandoned buildings/vehicles, machines used in construction projects, or farm equipment.
Property Owner Knew or Should Have Known That Children May Trespass
It must be demonstrated that the property owner knew or should have known that the object on their property could have prompted young children to trespass.
This can be proven by outlining facts such as the high presence of children in the area or the visibility of the hazard in public places.
The Child Involved Does Not Understand the Risk
Attractive nuisance law applies only to young children who are considered too immature to recognize the dangers posed by certain items and areas.
In attractive nuisance cases, a Nevada court will often consider the age, mental capacity, and ability to perceive risk of the injured child.
The Property Owner Failed to Exercise Reasonable Care to Prevent Harm or Trespassing
Once the above three elements are established, it must now be proven that the property owner did not take reasonable steps to prevent foreseeable injuries.
Such steps could include setting up warning signs, installing fences with locked gates, or hiring security guards to prevent access to the potential danger on their property.
What Are Common Examples of Attractive Nuisances
In Nevada, an attractive nuisance can be any dangerous area or object on someone's personal property that is likely to attract children.
While under attractive nuisance law, countless things can be considered attractive nuisances, there are a few common ones, which include:
- Swimming Pool: An unfenced or unlocked swimming pool can be a potential drowning hazard for curious children.
- Trampoline: An unmonitored trampoline without proper safety standards, such as nets or fencing, could result in the owner being held liable for any injuries, even if it's in their own backyard.
- Construction Site: If a construction site manager fails to apply proper fencing or warning around their site, severe injuries or even death could come upon an unsuspecting child trespasser.
- Abandoned Vehicle or Appliance: Old vehicles or appliances, such as washing machines or refrigerators, could become a hazardous condition for children if not properly disposed of.
- Playground Equipment: Private swing sets, slides, jungle gyms, or treehouses can be a breeding ground for child injuries.
- Tunnels, Wells, and Holes: Wells, trenches, storm drains, or dig sites can create extremely dangerous situations if the proper measures aren't taken to prevent children from accessing them.
- Animals: Dogs, horses, and other animals could be classified as an attractive nuisance, especially if the property owners fail to properly contain them.
With over 20 years of legal experience, our Las Vegas premises liability attorneys have handled countless attractive nuisance doctrine claims stemming from a variety of causes, making us highly qualified to handle your child's personal injury lawsuit.
Schedule a free consultation with a Las Vegas premises liability lawyer from our law firm today by calling (702) 566-3600.
How Old Does a Child Have to Be to Fall Under the Attractive Nuisance Doctrine
Under attractive nuisance law, there is no set age for when the doctrine may apply.
Instead, the attractive nuisance doctrine is based on the child's ability to comprehend risks and dangers.
However, in most cases, the doctrine typically recognizes children below the age of 14, and rarely do teenagers fall under the attractive nuisance doctrine.
Steps to Take as a Property Owner to Avoid an Attractive Nuisance Lawsuit
As a property owner, it is crucial that you secure your property from potential dangers to protect unknowing children from injuries and yourself from potential lawsuits.
To avoid the wrath of the Nevada attractive nuisance laws and prevent potential harm to a trespassing child, you should, as a property owner, do the following.
Identify Potential Attractive Nuisances on Your Property
Analyze your property and identify any unprotected areas or objects that could attract a curious child. This could include:
- Pool
- Trampoline
- Abandoned vehicles
- Work equipment
- Playground structures
Remove the Hazard (If Possible)
If the potentially hazardous object is not essential to your home or workplace, the best course of action would be to remove it entirely.
This could include disposing of abandoned or old property, filling in holes, or replacing an object with a safer alternative.
Install Physical Barriers and Warning Signs
An effective way to protect children from injuring themselves and you from facing civil punishment under Nevada's attractive nuisance laws is to install fencing around your property as well as signs that state "No Trespassing", "Private Property", or "Do Not Enter".
Regularly Monitor Your Property for Potential Dangers
It's a good idea to conduct regular inspections of your property to identify any risks that may have emerged.
Additionally, analyzing your surrounding area for any new places where children may be present, such as schools or parks, is highly recommended.
What to Do If Your Child Was Injured by an Attractive Nuisance in Nevada
If your child was injured due to an attractive nuisance, it's important that you understand the correct steps to take in holding the property owner liable and recovering financial compensation.
As a parent or guardian, if an attractive nuisance injured your child, you should:
- Seek immediate medical treatment
- Document the accident scene and gather evidence
- Obtain the contact information of any witnesses
- Report the incident to the property owners
- Consult with a Las Vegas premises liability lawyer
Start your claim today and take the first step toward recovering compensation by scheduling a free case evaluation with one of our attorneys.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
