Although the term is still used by many people when discussing premises liability law, attractive nuisance is not a legal doctrine in California and has not been one for several decades now. This misuse of the term is understandable seeing as many other states still use the doctrine of attractive nuisance, meaning you may hear or read it on the news from time to time and adapt it into your own vocabulary. However, while there is no specific provision in Riverside premises liability cases for circumstances that may have proven attractive to children and resulted in their injury, the property owner can still be held liable for negligence when it comes to maintaining their premises to a safe standard. This means that, even where children or adults have trespassed, the property’s owner could be found responsible for any injuries.
Factors to Consider When Filing a Premises Liability Claim after a Child Has Been Injured
Even where a child has entered a property without the permission of the owner, California premises liability law focuses on whether the premises owner took reasonable care to maintain their property to a safe standard, rather than the status of the child who was injured. When you instruct a Riverside premises liability attorney to handle your case, their focus is likely to fall on the foreseeability of any risk, as they consider factors which may include:
- Whether the premises owner knew, or could reasonably be expected to know that children may be likely to trespass on their property
- Whether the premises owner was aware of, or could reasonably be expected to be aware of any potential hazards on their property, and the risks that this may pose to any visitors, invited or otherwise
- Whether these risks should have been understood by a child
- Whether it was possible for the premises owner to have repaired the damage, or remove the hazard
While there is justification for having removed the doctrine of an attractive nuisance in the 1970s, it does mean that you will need expert legal representation when bringing a premises liability suit in Riverside, or elsewhere in California. You, along with your Riverside premises liability attorney, will need to identify the nature of the hazardous condition, and whether it is reasonable to state that the property owner should have expected it to be attractive to children.
Speak to a Riverside Premises Liability Attorney Today to Maximize Your Chances of Success
Just as you want to claim that the property owner was negligent and, as such, should pay compensation and damages to you and your child, they and their legal team will want to convince the court that the opposite was true. If you attempt to represent yourself in a premises liability suit, it will be much more difficult to secure a settlement.
To benefit from an expert, experienced Riverside premises liability attorney who will work tirelessly to recover the compensation you deserve, call us today on 310-997-0904 for a free initial consultation.