Property owners in Kentucky can be found liable for accidents that occur on their premises because of an attractive nuisance. An attractive nuisance is an object or feature on a property that is so alluring that it actually attracts trespassers.
Examples of attractive nuisances
Most things that are considered attractive nuisances are things that are attractive to children. For example, a brightly colored playground could be very attractive to a child passing by. If a child uses the playground and then gets injured, the property owner could be found liable for the accident because they failed to fence the playground or place warning signs around it. Other common attractive nuisances include:
- Water features
- Tree houses
- Construction projects
Children are not considered trespassers
An adult who trespasses onto private property and gets injured may not be able to sue the property owner. However, children who are injured after entering a private property are usually not considered to be at fault for the accidents.
Proving that something was an attractive nuisance
To prove that something was an attractive nuisance, the plaintiff in a premises liability claim would have to establish a number of things. First, the plaintiff must demonstrate that a reasonable person would know that the property condition had potential dangers. Next, the plaintiff must prove that a reasonable person would also know that the dangerous condition would be attractive. The plaintiff will also have to prove that the property owner did nothing to mitigate or prevent harm from the attractive nuisance on their property.
Claiming compensation in a premises liability claim
If you or your child was injured on someone else’s property, you may be able to claim financial compensation for the accident. Plaintiffs in premises liability claims will often seek reimbursement of their medical expenses and lost wages.