Children are unable to see the potential dangers of going near certain equipment and areas. Swimming pools, railroads, and farm equipment pique a child’s curiosity and draw them in like a moth to the flame. Attractive Nuisance laws were passed in order to place the responsibility on homeowners and business owners alike to build protective structures or properly put away equipment that could potentially be in harm’s way for a child. This allows the child to explore their environment safely without accidentally stumbling onto a harmful situation or environment. This article looks at the Ten Most Attractive Nuisances so that you can spot danger before your child wanders near it.
Trains are full of magic and wonder for children, but real-life railroads can be extremely dangerous. Whether it’s taking a painful tumble on the rails, or the inability to escape the tracks from a fast-moving train, railroads are not a place for children. The law requires that protective fencing surround all railroads that cut through residential areas not surrounded by a street.
Pools are a great addition to any home but can be stressful for a family with small children. While playing in the pool is safe under the watchful eye of a parent, it becomes a trap when a child stumbles into it alone. Unable to get out, the child runs a risk of drowning. Insurance companies typically require that homeowners have a gate or fence around their pool that is locked at all times. If they don’t, they are likely to face the following consequences:
- Denial of insurance coverage;
- Denial of claims;
- Canceled policies; and,
- Liability lawsuits.
Small children typically have a small farm toy set that helps them learn the names of all the animals. Horses, cows, chickens, and even farm equipment look like toys to a child. All farms are required to have safe fencing around their land to keep animals inside and children out. In order to help the farmers, courts have ruled that moving large farm equipment, such as a tractor, is not necessary and live animals are not always a nuisance. However, the keys for large equipment must not be near the vehicle, and animals should still always be confined within a fence.
As with farms, construction sites are required to have fencing around them when in a residential area or place with heavy foot traffic. This is to help keep trespassers out. If a trespasser does enter the premises, including a child, the fault does not necessarily fall on the construction companies or the workers’ shoulders.
Children are natural-born climbers. Power lines, unfortunately, make a handsome site to climb. It is important to keep your child away from power lines at all times and teach them about the risk and consequences of electrocution.
Fountains and Ponds
Water features in a backyard are gorgeous, but just like pools, it is advised to have protective fencing. Water can attract the inquisitive minds of children and lead to a potentially dangerous situation. Make sure that the lake and pond are protected by a fence.
Old cars are a favorite among collectors. Sometimes they make a handsome lawn decoration or sit in a yard or driveway awaiting restoration. In either case, it is important to make sure that all doors of the car are locked, as well as the windows and the trucks. Children cannot comprehend the dangers of getting stuck inside of an old car or getting caught in the door.
Old appliances, such as washing machines and refrigerators, need to be disposed of properly. This means that they need to be taken to the nearest dump. Old appliances sitting in a yard create a potential jungle gym for curious minds and can result in serious injuries.
If you are digging holes in your ground to plant a new tree or install new lighting cables, it is important to post proper warnings around them. A hole can cause serious injury should a child or adult fall into it. Having proper warning signs will help deter the child from pursuing that course of action.
Children should only be allowed on playgrounds under adult supervision. Playgrounds are also required by law to be protected by some sort of fencing unless on the private property of a school or household.
If your child has been injured due to the negligence of a homeowner or business owner, you may be eligible for monetary compensation. Contact the personal injury attorneys at Branch & Dhillon, P.C. for aid in getting the compensation you deserve. Branch & Dhillon is a no-win, no-fee law firm that offers a free consultation. This allows you the peace of mind to focus on the recovery of your child.