If an adult trespasses on your property in Louisiana, you’re typically not liable for injuries that they might sustain. However, the law is different for children. If a judge rules that you have an “attractive nuisance” on your property, the child’s parents could hold you liable for incidents that occurred without your knowledge.
How does the law define an attractive nuisance?
An attractive nuisance could be anything that grabs a child’s attention and makes them want to trespass on your property. This doesn’t include outright hazards like fires, toxic chemicals or broken glass. It also doesn’t include small natural objects like twigs and leaves. However, having a swimming pool, swing set, playground, tree house, fountain or tunnel on your property could attract the neighborhood children when you’re not around.
According to the law, children can’t be held responsible for their own personal injuries. Within reason, adults are responsible for looking out for their safety. This means that if a child trespasses on your property and injures themselves, their parents could sue you for negligence. The definition of “child” doesn’t just include young children; it could include anyone under the age of 18, including teenagers.
To reduce the risk of accidents, it’s important to child-proof your property as much as possible. For example, you could cover your pool when you’re not at home and install a net around your trampoline. You can’t prepare for every possibility, but you can reduce your risk of dealing with a lawsuit.
What should you do about someone else’s negligence?
If you or your child has been injured on another person’s property, the law provides certain protections. A personal injury attorney may offer advice about pursuing compensation for your medical expenses and other damages caused by a property owner’s negligence.