Arizona Slip and Fall Attorney: Attractive Nuisances–What Does That Mean?
When your child or that of another has been injured in a fall accident on another’s property, you may do well for yourself and your family to consult an experienced Arizona slip and fall attorney. Children have special protections under Arizona law. The law recognizes that children do not have the same mental capacity of adults, meaning, they cannot appreciate dangers as easily as adults. An experienced Arizona slip and fall attorney can explain how the law recognizes a child’s inability to assess a danger in regards to a slip and fall accident.
An experienced Arizona slip and fall attorney can tell you that there is generally no liability to the owner of premises for the injury of a trespasser. When one wrongfully enters another’s property, and encounters a dangerous condition, the law will not punish the landowner because they took affirmative steps to close their property to the public. The law simply will not impose a duty on landowners to make their property safe to unanticipated trespassers. However, an experienced Arizona slip and fall attorney can tell you that this same principle does not always apply to children. The law regarding premises liability is different for trespassers through what is called the doctrine of “Attractive Nuisance”.
The doctrine of attractive nuisance, an Arizona slip and fall attorney will tell you, puts liability on landowners where there is a dangerous condition on the property that is attractive to children. The landowner does not necessarily need to be fully aware of the dangerous condition. The fact that it is a dangerous condition, that it “attracts” children (naturally curious and unable to otherwise appreciate danger), and, somehow allows access to children may be enough to impose liability on the landowner. An experienced Arizona slip and fall attorney can explain these matters, and help you determine if you have a case.
Not every dangerous condition will cause the landowner to be liable. The condition must be likely to injure a child because of his or her inability to understand the risk. Therefore, a landowner may not be liable for a dangerous condition of which a child can appreciate the risk, but decides to engage it anyway. As age and the mental capacity of a particular child differs, so often too does the outcome of these types of cases.
The doctrine of attractive nuisances is complex and vague. These factors demonstrate the necessity to hire an experienced Arizona slip and fall attorney.
If your child or the child of another has suffered an injury in an incident on another’s property, consult an experienced Arizona slip and fall attorney today. Look for experience, look for a proven trial lawyer, find a certified specialist in personal injury who knows and understands the attractive nuisance doctrine and the basis of liability in Arizona for a slip and fall case. Find a certified specialist who will help you get the answers and recovery you are entitled.
For more information or to speak to a specialist in child injuries, contact Zachar Law Firm at (602) 494-4800 for a free, no obligation consultation. Or visit us on the web at www.ZacharAssociates.com.