• Georgia’s Attractive Nuisance Doctrine

    Georgia’s Attractive Nuisance DoctrineAttractive nuisance is legal doctrine intended to protect children from situations that can cause serious injury or death if they enter property belonging to another individual. While there is generally no duty owed to one who trespasses on the land of another owner (except to refrain from inflicting willful injury to the trespasser), the law pertaining to attractive nuisance applies in Georgia to protect children in particular situations while on the premises of another party.

    Defining an Attractive Nuisance

    An attractive nuisance is a dangerous condition on the property of another person that may be attractive to children. In practical terms, this includes swimming pools, trampolines, playground equipment or other structures that may entice children.

    Elements of an Attractive Nuisance Claim

    The Georgia Supreme Court cited the requirements of a claim for attractive nuisance. The elements are as follows:

    • The possessor of the property upon which the potentially dangerous condition is located has reason to believe that children are likely to trespass; and
    • The possessor of the property knows that the condition presents an unreasonable risk of death or serious injury to children; and
    • The children are not aware of the condition or are not cognizant of the danger in approaching the area where the condition exists; and
    • The risk involved to children coming in contact with the dangerous condition is significant compared to the burden of maintaining the condition or making the area safe; and
    • The possessor of the property does not exercise reasonable care to protect children from the dangerous condition on his property.

    If all these conditions are satisfied, a possessor of land containing a dangerous condition may be liable for harm that is incurred by children who trespass on the land and are harmed by that structure or condition.

    Whom Does the Attractive Nuisance Doctrine Apply to?

    Attractive nuisance applies only to children and not to adults who are injured while on another’s property. Moreover, only children who are trespassing on the property can utilize this theory to recover damages. In other words, if the child was invited by the owner to be on the property, he cannot claim attractive nuisance as a theory of negligence. Invited guests may bring claims for personal injury under other theories of negligence.

    The experienced team of attorneys at the Law Offices of Mark Weinstein, P.C. can help you litigate your real estate claims. Contact Mark Weinstein and his colleagues at (770) 888-7707 or visit them at http://www.markweinsteinlaw.com to find out how they can advise you.

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