All property owners in California have a legal duty to keep their premises safe — even from those hazards that a person would not immediately think of. Things like pools, playground equipment, and landscaping features are examples of “attractive nuisances.” Attractive nuisances open the door to liability in the event of an accident.
An attractive nuisance is essentially anything that can attract teens and children to a property that threatens them with harm. This could lead to a premises liability case if the owner does not have proper barriers or signs placed around the property to prevent the teens and children from entering.
According to California Civil Code 1714(a): “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” However, in the presence of children and teens, the scrutiny is heightened.
Though California hasn’t had an “attractive nuisance” doctrine since 1970, which used to make property owners liable to injured children who had trespassed onto their property to explore objects that caught their attention, they still have a duty to keep their premises in a safe condition to allow visitors to enter without having to worry about any dangerous hazards. This duty also requires homeowners to notify others of these said hazards that are not visibly or easily noticeable.
If a property owner is unable to manage their duties, then they will be held accountable for any injuries caused on their property. An individual who is hurt on another person’s property can typically file a premises liability claim for damages against any person or company that owns, leases, occupies, or controls the property where the accident took place.
Victims of a premises liability accident are welcomed to contact our qualified Los Angeles premises liability attorneys at West Coast Trial Lawyers. We have over 60 years of collective legal experience in handling personal injury cases. With our track record of recovering more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case.
Some common examples of attractive nuisances that property owners may have laying around their premises include:
Emergency departments take care of more than 200,000 children who are 14 and younger due to injuries that were caused on a playground.
Determining who’s at-fault in a premises liability case is complex. Premises liability lawsuits require an injured individual to prove that he or she was harmed because of a property owner/manager’s negligence. An injured individual must specifically prove that the:
As mentioned, all property owners have a duty of care to reasonably maintain their premises. A duty of care for a property owner essentially encompasses any actions that a reasonable property owner should take or should have taken in similar circumstances.
It’s also important to understand that a property owner’s duty of care may vary depending on who is on their property. Also, there are situations where an injured individual contributed negligence towards causing an accident. In such cases, liability may be shared between the property owner and the injured individual.
If you have sustained injuries as a result of a premises liability accident, you have the right to hold the guilty party responsible. Our premises liability attorneys at West Coast Trial Lawyers can help you recover compensation for the losses you have sustained, including medical bills, property damage, lost wages, and pain and suffering.