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Are property owners liable for child trespassers?

On Behalf of | Jan 28, 2025 | Premises Liability

According to premises liability laws, property owners have a duty to keep their premises safe for visitors. This includes guests who are on the property for social purposes (invitees) and people who visit the property for business (licensees).  

Property owners bear the least obligation to trespassers. In other words, they do not have to keep their property safe for trespassers or warn them of dangers. However, they cannot willfully or wantonly injure trespassers. 

But what if the trespasser is a child? 

If your child trespasses and suffers an injury because of a hazardous condition on the property, the owner may be liable. 

What is the attractive nuisance doctrine? 

As mentioned, property owners owe the lowest duty of care to trespassers. However, that duty may increase if the trespasser is a child. This is because of the attractive nuisance doctrine. 

An attractive nuisance is a dangerous condition that is likely to attract children who cannot understand the risk involved. Common examples include: 

  • Unfenced pools 
  • Abandoned vehicles or appliances 
  • Construction sites 
  • Unsecured trampolines 
  • Dangerous machinery 

The doctrine holds owners responsible for securing or eliminating these hazards. If they fail to do so and your child suffers an injury, they may be liable for the damages, even if your child trespassed. 

What are the requirements for filing an attractive nuisance claim? 

Filing an attractive nuisance claim can help you recover compensation for medical expenses, lost wages, emotional suffering and other damages. However, you must meet several requirements: 

  • The child’s age: The attractive nuisance doctrine typically applies to children who are not yet able to understand the risks of dangerous conditions. It usually applies to children under 12, but this can vary. 
  • The dangerous condition: The hazard must be man-made, not a natural feature. It must also be attractive or enticing to children. 
  • Property owner’s knowledge: The owner knew or should have known that children were likely to trespass. They also failed to take reasonable steps to eliminate or secure the danger. 

These are just some of the criteria your claim must satisfy. Given the complexity of such cases, it is advisable to work with an attorney who can guide you through the process. Legal counsel can help you understand your options, collect evidence to support your claim and hold your child’s best interests at heart.