Does California Have an Attractive Nuisance Law?

It is no secret that children are innately curious, which is critical for their development. However, this curiosity can sometimes result in dangerous situations, as children are often unaware of certain dangers. As such, if your child wanders onto another person’s property and sustains serious injuries as a result of the conditions on the property, you may wonder what your legal options are or if California adheres to the attractive nuisance doctrine. The following blog explores what you should note about the importance of working with our Irvine personal injury lawyers to help you navigate these difficult times and fight for the best possible outcome for your circumstances.

What Is an Attractive Nuisance, and Does California Recognize This?

In many states, homeowners who have an “attractive nuisance” on their property are often held liable for the actions of children who make their way onto the property to interact with the dangerous fixtures. For example, pools, trampolines, or construction equipment can all be appealing to young children who may not understand the dangers of such items. Many states will hold a property owner liable if a child is injured by an attractive nuisance on their property if they did not have measures in place to prevent the child from coming into contact with the fixtures.

It is important to note that California does not have an attractive nuisance law. As such, the state does not impose an additional duty of care on property owners to go above and beyond what is reasonably expected of them.

However, although California does not adhere to this law, it does not mean that property owners are no longer liable for injuries that occur on their property. California requires residential pools to have certain safety measures enacted and provides a list of ways to meet the required safety standards.

What Should I Do if My Child Was Hurt on Someone’s Property?

In the event that your child is injured on another person’s property, it is important to understand your rights. While the state does not adhere to the attractive nuisance doctrine, you may still be able to take legal actions against the property owner if they failed to take reasonable steps to ensure their property is safe.

For example, if the property owner failed to repair a broken gate, and your child entered their property and fell into the pool, sustaining injury, the property owner can face liability.

Navigating the legal system when your child has suffered injuries due to the negligent actions of others can be incredibly difficult. As such it is in your best interest to seek guidance from an experienced attorney. At California Personal Injury Law Firm, APC, our team understands how complicated this process can be, which is why we will do everything in our power to help you recover the justice and compensation you deserve. Contact us today to learn more.