Construction sites can be dangerous, but they can also be an attractive nuisance to children. If your construction site is not properly secured, it may be tempting for children to explore the area.
This can lead to serious injuries and lawsuits if you don’t take precautions.
What is the attractive nuisance doctrine?
The attractive nuisance doctrine holds property owners liable for injuries to minors caused by dangerous conditions on their land if they knew or should have known about the danger and failed to take reasonable steps to address it.
The rationale behind the doctrine is that children are especially vulnerable to injury from dangerous conditions, and property owners should be responsible for taking measures to protect them. Some common examples of hazardous conditions that may give rise to an attractive nuisance claim include:
- Swimming pools
- Abandoned vehicles
- Construction sites
- Unsupervised machinery, such as tractors
Property owners can be held liable for injuries on their construction site, even if they were not directly responsible for the accident. Property owners should take a few simple steps to protect themselves from liability, such as fencing off the site and placing warning signs around the perimeter. In addition, they should secure all equipment.
However, accidents can still happen even when all reasonable precautions are taken. If someone is injured on a construction site, they may sue the property owner, even if the property owner was not at fault. As a result, it is important for property owners to be aware of the risks involved in construction projects and to take steps to protect themselves from potential lawsuits.