What Is The Attractive Nuisance Doctrine In Utah?

Children in Utah can be very active and curious. They also like to have fun and they can find fun in many different objects even if the fun they find is not the intended use of the object. Due to their age, their focus may be on the fun that they could have and not necessarily the dangers that may be involved in what they are doing. That is why people need to keep their children away from certain areas of the house when they are young and need to watch them carefully in new situations.

There are situations though when children may go out exploring and find themselves chasing something onto other people’s property. Children may also see objects on other people’s property that looks like something that may be fun to play on or it may simply be a new object to them and want to investigate it. They really should not just go onto other people’s property without permission, but children do not always understand all of the various rules that they need to follow.

What Is an Attractive Nuisance in Utah?

Under Utah 4-2A-3 the law outlines criteria for specific nuisances, including an attractive nuisance, describing it as the following:

“Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.”

Suppose a Utah homeowner is retired and their children moved out of the home years ago, but they still have a ramshackle treehouse in the yard. Neighborhood children would likely view this as inviting and wish to explore the noticeable play structure. If a child trespasses onto the property and climbs a rotting ladder, they could break through a board at the top and plunge to the ground, fracturing both legs. In this example, the property owner may be held liable for the damages suffered by the child and their parents from the consequences of the injury.

The above property owner knew the attractive nuisance existed and could reasonably have anticipated a neighborhood child exploring it, yet they failed to take the appropriate measures required to protect neighborhood children from harm.

Elements of the attractive nuisance doctrine

In these situations, even though the children are considered trespassers, property owners owe children a higher level of care than adult trespassers. Property owners can be liable for children trespassers who injure themselves on the property. This is true only if certain elements are present though. These elements are:

• There is an artificial condition on the property
• The property owner knew it could cause serious bodily harm
• That there was a reason to know children would trespass
• The children due their age did not understand the potential dangers
• The cost to protect children from it was reasonable compared to the danger

Property owners in Utah keep many different types of objects on their property and also may complete various construction projects. These objects can be something that children may find interesting and fun, but can also be injured on them as well. If they are injured they may be entitled to compensation from the property owner.

What Types of Damages Can a Family Recover In a Premises Liability Claim Against a Negligent Property Owner?

If a property owner knows a safety hazard exists on their property and it poses an attraction to children, they must take all reasonable measures to correct the hazard since young children cannot be expected to acknowledge property boundaries. If a child suffers an injury from an attractive nuisance on private or commercial property, the property owner is liable for damages such as any or all of the following:

• Medical expenses
• Future medical expenses if the injury victim requires further care
• Lost wages (if one or both parents miss time from work to care for the child)
• Future income loss
• Lowered future earning capacity (this may apply to a parent who must care for a disabled child or to a child who suffers a disability that limits their future ability to work.
• Compensation for pain and suffering

In some cases, compensation for additional non-economic damages could be available such as compensation for loss of limb, disfigurement, scarring, or the loss of one of the senses. Of course, nothing replaces a beloved child, but if a child suffers a fatal injury, their parents may recover compensation for their loss and a sense of justice through a Utah wrongful death claim.

How Can a Utah Personal Injury Attorney from Handy & Handy Help?

Experienced Utah personal injury attorneys from Handy and Handy understand these complicated matters and may be able to guide one through the process.

The skilled investigators at Handy & Handy will examine all aspects of the attractive nuisance and the property owner’s responsibility to document clear evidence of liability. We will meticulously calculate the damages to seek the maximum compensation available, and then assertively negotiate for the highest possible settlement. If the property owner’s insurance company denies the claim or offers an inadequate settlement, your attorney from Handy & Handy will pursue the matter in court by filing a lawsuit within the state’s four-year statute of limitations.

Although court cases take longer than settlements, juries are often sympathetic to injury victims and award large compensation amounts to injury victims.