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Doctrine of Attractive Nuisance in Illinois Premises Liability Cases

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Premises Liability


Illinois property owners have a legal duty to care for their property. This duty includes taking certain measures to ensure that any children who come onto their property stay safe. The doctrine of attractive nuisance requires property owners to keep their land free from hazards for any children who may trespass on it.

If your child was injured on someone else’s property, reach out to Staver Accident Injury Lawyers, P.C. to speak with our experienced Chicago premises liability lawyers. We can inform you of your legal options and explain how the doctrine of attractive nuisance may apply to your case. Contact us today at (312) 236-2900 to schedule a free, initial consultation of your case.

What is the Doctrine of Attractive Nuisance?

There are a variety of objects that may bring a child onto private or public property. The reality is that many of these objects are considered “attractive nuisances,” as they may cause serious injuries to children in Illinois. Some of the most widely seen attractive nuisances include trampolines, swimming pools, playgrounds, sandboxes, skateboard ramps, treehouses, sports equipment, and artificial ponds and lakes.

Under the doctrine of attractive nuisance, property owners may be held liable for any injuries or fatalities caused by these attractions. They will be accountable if the following requirements are met:

  • They should have known or had reason to believe that children may trespass on their property.
  • The attraction could feasibly cause harm to children.
  • Children were not able to understand the risks associated with their actions.
  • They did not take proper action to restrict access to the attractive nuisance.

Although Illinois does not recognize strict liability under the attractive nuisance doctrine, a property owner may be held liable for a trespassing child’s injuries under a negligence act.

What to Do If Your Child Has Been Hurt

If your child has sustained an injury from an attractive nuisance on someone else’s property, take them to the doctor as soon as possible. Many injuries caused by attractions can have serious, long-term ramifications if they are not treated right away. This is particularly true with concussions or other brain injuries, drowning incidents, and deep cuts.

As soon as your child has received medical treatment, seek legal representation from a premises liability lawyer. An attorney from Staver Accident Injury Lawyers, P.C. will investigate your situation and help you determine whether you claim and can hold the property owner accountable for their negligence.

In the event you do have a valid claim, you may be able to recover compensation for your child’s medical bills, emotional distress, pain and suffering, and other damages.

How to Prevent Attractive Nuisances

There are several ways property owners can prevent attractive nuisances on their properties. They should begin by taking a close look at the front and back yards of their property and thinking about whether any items or features can hurt a curious child who happens to trespass.

If any items may be harmful to young children, property owners should take certain steps to increase their safety or remove them. For example, if there is a pool on a property, it should be covered when it’s not in use. It’s also a good idea to add a floating alarm that rings any time anyone enters the pool. Also, if there is a swing set present, property owners should get into the habit of checking it for wear and tear at least once a year.

Contact a Chicago Personal Injury Lawyer for Help

If you believe an attractive nuisance has hurt your child, consult Staver Accident Injury Lawyers, P.C. as soon as possible. You can count on us to protect your rights as well as your child’s, as we have helped many families after their child was hurt by a trampoline, playground, or another attractive nuisance on someone else’s property. Contact us at (312) 236-2900 today to schedule a free case evaluation.

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(312) 236-2900
(312) 236-2900