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How does premises liability work in regards to children?

Premises liability is an important subject that all property owners should brush up on every now and then. The laws differ from state to state, but tend to be the same when dealing with children and premises liability. For the most part, property owners have a special responsibility placed on them by the law because of their curiosity and inability to comprehend what can be a danger to them.

The law that protects children from dangerous items on your property is known as the attractive nuisance law. The law has three aspects:

– Children are not expected to comprehend the dangers they could encounter on someone else’s property.

– If the owner of a property thinks children might enter his property, the law requires the owner to take preventive measures.

– Should a property owner fail to meet this responsibility, he or she could be held liable for any injuries suffered by a child.

Some of the most common attractive nuisances include the following:

– Tunnels and wells

– Swimming pools

– Stairs and paths

– Dangerous animals

– Lawnmowers

When it comes to determining who a child is, the decision will vary based on the court’s views. Some courts still deem teenagers as children. Other courts view children as those in their pre-teen years.

The best way to protect yourself from liability in such a case is to identify attractive nuisances on your property and take the proper measures to prevent children from visiting your property.

If you plan on purchasing property in Chicago, you should educate yourself about the law surrounding premises liability. An experienced premises liability attorney can explain the law and answer your questions.

Source: FindLaw, “Dangers to Children: What is an Attractive Nuisance?,” accessed July 12, 2017

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