If any part of your property can be considered an attractive nuisance, you could face serious liability. The law is designed to protect curious children, and if your precautions are not considered adequate, you will be paying out damages. Many times, the attractive nuisance is not necessary for day-to-day living, and the larger ones will need to be removed by a demolition contractor in Kansas City. Here is an overview on attractive nuisance law and when you need to be aware of this legal danger.
What is an attractive nuisance?
An attractive nuisance is a dangerous object or condition that could be irresistible to children and has the possibility to cause death or injury. While adults are considered primarily responsible for their own safety, children are subject to more protection.
Abandoned cars, appliances, farm equipment, artificial ponds and foundations and trampolines frequently make the attractive nuisance list. Many property owners put fences around these items or monitor their premises thoroughly. However, the danger often remains, and you have the burden of proof in showing your lack of liability if a child is injured.
Courts evaluate attractive nuisance on a case-by-case basis. Factors under their consideration include:
- Property owner knows (or should know) children will be attracted to the item or condition;
- The item or condition can cause death or serious injury;
- Children involved are too young to understand the risk;
- Benefits of the condition or item or the cost to resolve them are minimal when compared to the risk to children; and
- Property owner fails to take precautions, like adding a fence around the hazard.
If you have recently experienced child trespassers, that is one sign that you host an attractive nuisance. Even if you have not encountered that, evaluate your property for potential threats and liability before something tragic occurs.
Hazards on your property
An attractive nuisance is not limited to a smaller object like a refrigerator sitting in your field or an old abandoned car. Unused swimming pools, abandoned buildings, holes in the ground after a demolition and even general construction sites can fall into this category. It is why construction sites and lots with dangerous conditions are usually fenced in.
Even if you have a fence or “No Trespassing” signs, if the fence is breached or your trespasser is a child who does not read yet, your precautions may be considered inadequate. In many cases, the best thing to do is remove the condition.
A demolition contractor tackles the bigger problems. If you have an unused swimming pool, a gutted house that lingers, piles of concrete debris or any other condition that is dangerous just by existing, call us to clean it up or remove it. Once we complete the job, we can haul away the debris so there are no other temptations on your land.
When you need a demolition contractor in Kansas City to remove potential liabilities, call Midland Wrecking Inc. You will enjoy a clear lot with endless potential and a lower chance of facing a lawsuit.