Understanding Attractive Nuisance Claims
If you are injured while trespassing on someone else's property, your status as a trespasser likely prevents you from seeking compensation from the property owner. This law, however, can sometimes have one exception: when the trespasser is a child. Oklahoma's attractive nuisance laws make it so property owners can be held accountable for some accidents that involve children who have been drawn to their premises.
Understanding Attractive Nuisance Law
An "attractive nuisance" is any property feature that is potentially hazardous but still piques the curiosity of small children who may be too young to recognize any danger. This definition may require some interpretation by the court, but there are some property elements that are commonly considered attractive nuisances.
Common examples of attractive nuisance property features include:
- Swimming pools
- Abandoned cars
- Discarded appliances (refrigerators, washers, etc.)
Proving Your Case
It's important to note that the liability in attractive nuisance cases can be conditional. For instance, swimming pools are common, but as long as they are properly fenced or otherwise secured, they usually do not contribute to a property owner's liability.
In cases involving other property elements, such as items that are left to languish on a property (old motor vehicles, appliances, etc.), the burden is on the plaintiff to argue that the cost of removing or remedying the potential hazard was reasonable and that the defendant still refused or failed to do so. Signage in these cases often does not limit a property owner's liability either, since many small children are too young to read or comprehend hazard or "beware" signs.
Do you believe that your family has a legitimate attractive nuisance claim? If so, our team at Richardson Richardson Boudreaux, PLLC is ready to hear from you. Our Tulsa personal injury lawyers have recovered more than $300 million for clients who have been injured or wronged. We are ready to hear your family's story and take the appropriate steps towards crafting a thorough and compelling claim on your behalf.
Don't hesitate to start exploring your options. Use our online form to request a free case evaluation today.