Kaufman & Stigger, PLLC helps people through the legal process after they’re hurt in an accident in Kentucky. There’s a lot of different situations and terms you’ll hear, especially after an accident on someone else’s property. One is called an “attractive nuisance.” To learn more about this and other terms, reach out today for a free consultation.
What is an “Attractive Nuisance?”
An attractive nuisance is:
- Something dangerous on someone’s property that is likely to draw children in.
Because young kids don’t always understand danger, Kentucky law sometimes requires property owners to take reasonable steps to take care of these hazards.
Normally, a property owner doesn’t owe much of a duty to someone who trespasses. But Kentucky makes an exception for children. If a landowner knows (or should know) that kids might wander onto the property, and there’s a man-made danger that could seriously hurt them, the law may hold the owner responsible for not securing it.
In Kentucky, something may be considered an attractive nuisance if:
- Kids are likely to be around or could easily enter the area.
- The hazard is man-made, not a natural feature like a hill or a pond.
- The danger isn’t obvious to a child, even if an adult would understand the risk.
- The owner could have made it safer without much difficulty.
This, obviously, opens the door to a lot of different kinds of risks. Most often, though, they usually are things like:
- Unfenced pools
- Trampolines or play equipment left accessible
- Construction sites or heavy machinery
- Old refrigerators, appliances, or vehicles left outdoors
The idea behind the law is simple: children are naturally curious, and property owners should take basic precautions to keep them from being seriously hurt by things that could easily be fixed or prevented.
Should I Get a Lawyer If My Child Was Hurt by an Attractive Nuisance?
When your child is hurt because something dangerous on someone else’s property drew them in—like an unfenced pool or equipment left out—it’s completely normal to wonder if you should call a lawyer. You don’t always have to, but with attractive nuisance cases, things can get complicated quickly. These situations often raise questions about whether the property owner should’ve secured the hazard or expected kids to be nearby.
At the same time, your child’s recovery may involve follow-up care, therapy, or missed school. While you’re sorting all that out, insurers often try to settle early—before anyone really knows what your child may need down the road.
That’s where having a lawyer can give you some breathing room. At Kaufman & Stigger, our Kentucky personal injury lawyers will:
- Explain your options in plain English
- Look into what happened
- Handle the back-and-forth with insurance companies
- Make sure your child’s needs are fully considered
- Going through an insurance claim or a lawsuit, if that’s what it calls for
You focus on your child—we handle the rest. Set up a free consultation today.