What Is Attractive Nuisance Law?

IL and IA Attractive Nuisance Laws
Winstein, Kavensky & Cunningham LLC Blog April 22, 2022

What Is Attractive Nuisance Law?

If your child has been injured on another person’s property, you may not know where to turn. These types of personal injuries are incredibly complex because if your child was injured in an area where they were not invited, establishing liability may be difficult. This type of claim can be further complicated when the child was drawn to the area where they were injured by an attractive nuisance.

The doctrine of attractive nuisance is a particular branch of the law that governs situations like this. But, you need to employ the help of a knowledgeable personal injury lawyer to maximize the amount of compensation you might win. 

So, reach out to the attorneys at Winstein, Kavensky & Cunningham LLC. We’ve represented the varied legal interests of our clients for more than 50 years, and can help your family seek the compensation you deserve. Call (309) 794-1515, use our LiveChat feature, or fill out this FREE online form to set up your free initial consultation.

What Is Attractive Nuisance Law?

A property owner, lessee, or occupant of a property has a specific duty of care to anyone who enters their property. But, what if someone trespasses on the property without an invitation and is injured or wrongfully dies

That’s where attractive nuisance laws come in. If the property owner added an artificial condition, like a pool or trampoline, they must put up reasonable barriers and/or warnings to deter children from entering the property. If they did not do this, and a personal injury attorney can prove that the child had no way of understanding the risk to their health, the family might be able to obtain compensation.

Attractive Nuisance Laws in Illinois

When it comes to attractive nuisance laws, Illinois doesn’t recognize strict liability. But, under general negligence, a property owner may be held responsible for a child’s personal injury. In other words, if a lawyer can prove that the property owner or occupant was negligent regarding their property, and a child is injured, the family may be able to sue.

Attractive Nuisance Laws in Iowa

Just like in Illinois, property owners in Iowa must maintain their homes, business, or land in a reasonable way. In Iowa, there is a lower standard of care if the individual is an adult trespasser, but the property owner still has some obligation. Much like in Illinois, the attractive nuisance law shifts if the trespasser is a child. 

As you can see, there is a very gray area that is best addressed with the help of a premises liability lawyer from Winstein, Kevensky & Cunningham.

Premises Liability Lawyers Can Help Your Family Win Your Case

For your case to be successful, a legal team must prove that the property owner is liable for your child’s injury. 

They will do this by determining if the owner created the artificial condition and/or allowed the condition to exist. Also, they must prove that the owner either should have realized the potential hazard or did realize it and either did too little or did nothing. 

Finally, your lawyer must also prove that the child is not old enough to understand the risk to their health and wellness. 

Related article: What Is an Injury Attorney?

Common Attractive Nuisances

Attractive nuisances are very often swimming pools and trampolines. But, they can also be surprising items that you may not think of:

  • Heavy or construction machinery
  • Power tools
  • Large appliances
  • Appliances that still have the doors attached
  • Airtight units
  • Stacked building materials

How to Prevent Attractive Nuisances

Luckily, both as a parent and a property owner, there are a number of things you can do to prevent attractive nuisances on your property.

  1. Survey your property with attractive nuisances in mind. Have you done all you can to deter potential children from entering hazardous areas?
  2. Cover pools when not in use.
  3. Lock doors, gates, and fences.
  4. Install fences that are too high for a child to climb easily.
  5. Purchase a floating alarm that rings if someone enters the pool. 
  6. Maintain everything on your property regularly. This includes checking swing sets for wear and tear.
  7. If you throw out a large appliance, take the doors off so a child cannot climb inside. 
  8. Inform your neighbors of potential hazards, and keep them up to date on your property improvement plans until you have the area secured.

Call Winstein, Kavensky & Cunningham LLC

An attractive nuisance lawsuit is complicated and often heart wrenching. So, don’t face it alone. Instead, call Winstein, Kavensky & Cunningham at (309) 794-1515. We serve the entire Quad Cities area, from Davenport and Bettendorf in southeastern Iowa to Rock Island, Moline, and East Moline in northwestern Illinois. 

You won’t pay us any fees to us unless we obtain a financial recovery on your behalf. And our full-service law firm offers both weekend and evening appointments, as well as home and hospital visits. So, don’t wait to reach out. Use our LiveChat feature or fill out this online form.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.