Understanding the Attractive Nuisance Doctrine Under Washington Law
Under Washington’s premises liability laws, property owners generally do not have to compensate people who get injured on their property while trespassing. However, Washington law carves out an exception for trespassing children. This exception is known as the “attractive nuisance doctrine.” It essentially says that a child trespasser can sue a property owner for injuries caused by an unsafe object on the property, as long as the object “attracted” the child or lured him/her onto the property.
Attractive Nuisance Laws
Premises liability is an area of the law that says property owners are responsible if someone is injured on their land due to an unsafe or defective condition. “Responsibility” means that a property owner has to compensate an injury victim for that person’s losses (such as medical expenses or lost wages).
But premises liability laws generally say that a property owner is not responsible for someone’s injuries if they are injured while trespassing on the property.
Consider, for example, the scenario where someone trespasses onto your property at night and falls into a large hole that you had dug in order to plant a tree. If the trespasser twists and breaks his/her ankle, you are not responsible (meaning you do not have to compensate the trespasser for any injuries). This seems reasonable since the trespasser did not have permission to be on your property in the first place.
An exception applies, though, with regards to trespassing children. The exception, or attractive nuisance doctrine, states that property owners are responsible to a child trespasser when:
- Some unsafe object on a person’s property (e.g., an uncovered pool with no fence around it) lures a child to trespass on the land, and
- The child is injured because of the unsafe object.
In these cases, the property owner must compensate the child for his/her injuries. This includes payment for:
- Medical expenses,
- Property damage, and
- Pain and Suffering.
Common Objects that Attract or Lure Children
The most common objects that allure children in attractive nuisance cases include:
- Swimming pools,
- Trampolines,
- Ponds,
- Machinery with keys in the ignition,
- Uncovered wells, and
- Unsecured log forts.
If you have any of these objects on your property, the most important steps you can take to avoid liability include:
- Take necessary steps to secure and make hazardous conditions inaccessible to children, and/or
- Clearly mark and warn of any dangerous conditions that cannot be immediately rectified.
Difficulties with Child Injury Claims
As with injured adults, injured children share in the right to receive fair compensation for their injuries. However, there are some differences between adult claims and child claims that may translate into a few difficulties with bringing a child-related case.
For example, underage children cannot legally settle their own insurance claim or file a lawsuit. A qualified adult, generally a parent, can represent a child to resolve injury claims as their “legal guardian.”
Difficulties with child claims means that parents should consult with an experienced personal injury attorney for help.
Questions?
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