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Attractive Nuisances & Premises Liability in Virginia

Taking care of children can be quite challenging, especially when it comes to keeping them safe from harm, which is why property owners need to take adequate precautions to protect features that may result in injuries to kids. While Virginia has never formally adopted the principle of “attractive nuisance,” it can be still applied in those instances where the specific hazard or instrument is hidden or is easily accessible to children and in a location where it is known that kids frequently gather.

If your child has recently suffered an injury caused by an attractive nuisance on someone else’s property in Virginia, you may be eligible to recover compensation for their injuries with the help of our Richmond personal injury attorney. At Halperin Law Firm, we have helped our clients recover millions of dollars and we are capable of fighting for the damages you deserve.

What is an Attractive Nuisance?

The concept of attractive nuisance involves instruments which are known to be attractive to children, the instrument is known to be a danger to children, and is in a location where children have access to it. It is a legal doctrine that victims can use to hold property owners liable for child injuries. Furthermore, if the child enters the property uninvited – making him or her a trespasser – the attractive nuisance doctrine may still apply in a premises liability claim.

The following are common examples of attractive nuisances:

  • Swimming pools
  • Playgrounds
  • Sandboxes
  • Trampolines
  • Tool sheds
  • Abandoned vehicles
  • Abandoned appliances, such as refrigerators and ovens

All property owners in Virginia, DC and Maryland have a duty to protect children who may enter the property. If property owners are aware that there is an attractive nuisance on their premises, they are required to ensure that kids stay away by taking preventative measures such as walls, fences, or protective equipment.