Business and homeowners face an overlooked risk: the concept known as 'attractive nuisance.' According to Keven Moore, this refers to any condition on a property that could lure children onto it and potentially result in injury or harm.
In a recent construction site inspection, a general contractor was found to have neglected to erect a security fence and secure the job site at the end of the day, posing a risk to nearby residential neighborhoods. This incident highlights the importance of understanding the attractive nuisance doctrine, a key principle in premises liability law.
The attractive nuisance doctrine holds property owners accountable for taking reasonable measures to safeguard trespassing children from dangers on their property. Examples of attractive nuisances include swimming pools, trampolines, abandoned or unsecured structures, and dangerous equipment likely to attract children who cannot recognize the associated risks.
To reduce liability exposure related to attractive nuisances, property owners should take proactive steps. Key measures include installing and maintaining adequate fencing and self-latching gates around pools or other hazardous areas, posting clear warning signs, ensuring safety equipment is available and functional, maintaining surfaces to prevent slipping, securing or removing abandoned/unsecured items, providing proper lighting in hazardous areas, and training supervisors where applicable.
Property owners should also conduct regular property inspections to identify and address potential hazards before they become attractive nuisances. By taking these precautions, property owners balance their duty of care by minimizing risks of injuries to children who might trespass, thereby reducing premises liability claims under the attractive nuisance doctrine.
It is essential for property owners of businesses and rental properties to ensure that staff and tenants understand the risks and their responsibilities, and provide training on securing equipment and reporting hazards. Liability under the attractive nuisance doctrine can extend to both homeowners and commercial entities, and the financial consequences can be devastating.
To further reduce exposure to future losses, property owners can seek the help of their insurance broker or carrier to inspect their property for attractive nuisances from a loss control consultant. Property owners should also review their insurance policies to ensure they cover premises liability and include sufficient limits.
Documenting safety measures, such as inspections, repairs, and communications related to safety, can demonstrate that reasonable steps were taken to mitigate risk in the event of a claim. In a recent case, two 17-year-old boys suffered severe electrocution burns after climbing a parked freight car under energized power lines, and both the property owner and the car owner were found liable.
In conclusion, the presence of enticing but dangerous conditions can expose property owners to significant legal and financial risk. By understanding the attractive nuisance doctrine and taking proactive steps to secure potential hazards, property owners can protect themselves, their communities, and prevent tragic accidents.
- Business owners in northern Kentucky must ensure that their properties are free from attractive nuisances, such as dangerous equipment or unsecured structures, to avoid potential liability claims.
- Education on the risks associated with attractive nuisances is crucial for staff and tenants of businesses and rental properties, including training on securing equipment and reporting hazards.
- Property owners should regularly inspect their properties for potential hazards, maintaining surfaces to prevent slipping, securing or removing abandoned/unsecured items, and providing proper lighting in hazardous areas to reduce liability exposure under the attractive nuisance doctrine.
- To further minimize risks, property owners can collaborate with their insurance brokers or carriers for loss control consultations and review their insurance policies to ensure adequate coverage for premises liability.
