According to the Georgia Attractive Nuisance Law, five elements must be met by the possessor of land for them to be subject to liability for the physical harm of a child that is trespassing upon their land. These five elements include the following:
- The place has conditions that the owner already knows or has a reason to believe that children are likely to trespass there.
- The condition is such that the owner has a reason to know or already knows that unreasonable risk of serious injury or death could happen to a child.
- Because of a child’s youth, they do not realize the risk or discover the condition of coming within the dangerous area.
- The utility to the owner who is maintaining the hazardous condition and the burden of getting rid of the danger is very little compared to the risk of the child.
- The possessor failed to exercise reasonable care in eliminating the danger to protect the child.
Is Every Age Covered by the Attractive Nuisance Law?
This law only protects children and is unavailable to adults. It also only applies to children that are trespassing and not those that are invited onto a premise. Other laws cover negligence in situations where a child is invited onto the property.
What Exactly is Reasonable Care?
Just like other kinds of personal injury claims, each situation involving the Attractive Nuisance Law is different and is based on the facts of each individual personal injury case that involves a child. Things like having appropriate fencing surrounding a pool can be sufficient, but conditions must be met to determine that reasonable care has been taken to eliminate any danger.
Contact a Child Personal Injury Attorney Today
Cases that involve fatalities and injuries to children are some of the most emotional and serious cases that a personal injury attorney will ever handle. The attorneys at Council & Associates, LLC have years of experience handling child personal injury cases, including those that involve attractive nuisance laws, and can help ensure that you and your child receive the compensation that you deserve if your child has been injured while on another individual or company’s land. Contact us today to schedule a consultation.
Lashonda Council Rogers is a Personal Injury Attorney who practices in Atlanta, Georgia. She graduated from Howard University School of Law and has been practicing law for several years now. Lashonda Council Rogers believes her personal approach is the best way to defend her clients. Learn more about her experience here.