Children in California have an active sense of imagination and like to explore various things that are interesting or look like fun. They also do not always understand that they are not allowed to use or play with everything that looks interesting. They may not know that they should not go on other people’s property unless they have permission to enter it. Because of these facts there are special rules for property owner’s responsibilities to children who enter their property even when they do not have permission to enter the property.
Normally property owners are not liable for injuries that trespassers may suffer while they are on their property. However, if the property owner has a man-made object on their property that they know children may come onto their property to attempt to use, they need to take precautions to protect children from them. If they do not take the proper precautions and a child injures themselves on the property, they could be liable for compensating the victim under the attractive nuisance doctrine.
Types of objects children may be attracted to
There are many objects that could be considered an attractive nuisance. Typically, these are man-made objects such as swimming pools, trampolines, tree houses, scaffolding, ladders, machinery, wells and other types of objects. Property owners need to make sure pools have fences around them, trampolines should be in fenced in yards, machinery and ladders should be put away or someone should be present when they are in use and must take other precautions.
There are many property owners in Bay Area and they have various forms of possessions. Some are tools that they made need from time to time and some are for recreational purposes. It is important that they protect children from these objects. If they do not, even if the children do not have permission to be there, they could be forced to compensate the children for the damages caused by the object on their property. Experienced attorneys understand property owners’ responsibilities and may be a useful resource.