Premises Liability is a broad term that describes a property owner/occupant’s responsibility when someone gets injured on their property. Attractive nuisance is a specific doctrine within the premises liability principle that holds property owners/occupants responsible for injuries to children who may or may not be trespassing. If you are a property owner/landlord and would like to understand your responsibilities and take preventative measures, please give Lardiere McNair & Stonebrook Ltd., LPA, a call.

This doctrine was adopted by the Ohio Supreme Court in 2001, in Bennett v. Stanley, 2001-Ohio-128. The Supreme Court justified its decision on the premise that “Children are still children. They still learn through their curiosity. They still have developing senses of judgment. They still do not always appreciate danger. They still need protection by adults. Protecting children in a changing world requires the common law to adapt”.

Under this theory, children are attracted to a certain property by a dangerous, artificial condition of which the property owner/occupant is aware, including the fact that children frequent the area where the unsafe condition exists.

Therefore, Ohio Law places an elevated duty on property owners/occupants to protect children from unsafe, artificial conditions that may lure them into their property, including, but not limited to:

• Swimming pools;
• Artificial ponds;
• Trampolines;
• Wells;
• Treehouses;
• Playground equipment;
• Abandoned cars;
• Construction sites.

Some of the exceptions to this rule are:

• Adult trespassers, unless they are injured trying to save a child from harm;
• Children that are guests and not trespassers;
• Teenagers. The law applies to young children;
• Natural conditions, such as lakes, rivers or creeks.

If you are a property owner/occupant and would like to mitigate your liabilities, or if your child has been injured due to negligence, please call (614) 534-1355 and schedule a free consultation.

Aline Wright is a Paralegal at Lardiere McNair & Stonebrook, Ltd., LPA. 

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