Slip and Fall Attorneys in Arizona know that one of the most difficult legal issues involved in personal injury and premises liability cases is the doctrine of attractive nuisance. Not only are the normal rules of negligence and liability very different in attractive nuisance cases, they also present complex and intricate problems of proof. That's why it's critical to get help from a specialist like an experienced Arizona slip and fall attorney, if you or a loved one has been injuried in an attractive nuisance case.
Unlike the typical case in which a trespasser falls on someone else's property, the law of attractive nuisance provides that the owner of land can be held liable if there is some artificial feature or structure on part of their land where strangers often trespass and is both dangerous to passers by and difficult for strangers to perceive. If the land has some such feature, the owner has the duty to take reasonable precautions to warn the public of the danger and the risks involved. There are many exceptions and special rules that apply to attractive nuisance cases so it's a good idea to have your case evaluated by an experienced Arizona slip and fall attorney to learn your rights.
Most of the time, the issue of attractive nuisance comes up when a child has trespassed onto someone's land and injured themselves. The rules for children are somewhat different. Indeed, the law of attractive nuisance emanated from injuries involving children. Typically, a condition which exists on another’s land, that is “attractive” to a child, of which the child does not or may not appreciate the risks or danger involved.
More formally, the doctrine of attractive nuisance for children is defined as creating liability if: (a) the place where the condition exists is one where trespassing by children is likely, and (b) the feature is one which the owner realizes or should realize carries an unreasonable risk of death or serious bodily harm to children, and (c) the risk involved is not obvious to a child, and (d) the value to the owner of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and (e) the possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.
Common examples of attractive nuisances include unprotected swimming pools, open pits or storage sheds for dangerous tools and materials. Despite the use of the word "attractive," the feature itself does not usually have to be what caused the child to place themselves at risk. If, for example, a child ran into private property to retrieve a ball and fell into an unguarded open pit, it is likely that the owner of the property could be held liable under an attractive nuisance theory even though the child did not intend to play in or near the pit.
An experienced Phoenix personal injury lawyer, can evaluate your case and tell you what rules will apply. It is crucial to understand that personal injury laws regarding attractive nuisances are very particularized and fact-dependant. It is important to have the guidance of an experienced Arizona slip and fall attorney with to ensure that you get the best results and/or compensation you deserve. To speak with an experienced attorney who specializes in workplace falls, call Zachar Law Firm at (602) 494-4800 or visit www.ZacharLawFirm.com.