Kids love to explore and play, but they often do not understand the dangers around them. In New Jersey, the law recognizes this through a rule called the attractive nuisance doctrine. This rule means that even if a child is trespassing, a property owner might still be held responsible if that child gets hurt by something on the land that looked fun or interesting.
Attractive Nuisance Doctrine Laws in New Jersey
Most people know they have to keep their home safe for guests. However, this doctrine goes a step further by protecting children who enter a yard without permission. An attractive nuisance is basically any man-made object that might tempt a child to come onto your property. Because young children lack the maturity to see the risks, the law puts the burden on the owner to keep them safe. Common examples include:
- Swimming pools and fountains.
- Trampolines, swings, and slides.
- Abandoned cars or old appliances like fridges.
- Piles of dirt, sand, or construction supplies.
Proving a Claim and Owner Obligations
For a legal claim to work, you usually have to show a few things. First, the owner should have known that kids might get onto the property. Second, the owner must have known the object was dangerous. Finally, the cost of fixing the hazard or blocking it off should not be much higher than the risk it poses.
Property owners should regularly check their land for these hazards. To stay safe from a lawsuit, owners can put up metal fences around pools or use sturdy locks on gates. Putting up warning signs is another way to show you are taking care. While man-made items like pools fall under this law, natural things like lakes or ponds often do not.
If your child has been hurt on someone else’s land, speaking with a personal injury lawyer is a good idea. Experiencing a legal case can be hard, and having help can make the process easier. You can reach Chamlin, Uliano & Walsh at (732) 229-3200 for a free consultation about your situation.