Wednesday, November 20, 2019
Attractive nuisance doctrine Essay Example | Topics and Well Written Essays - 500 words
Attractive nuisance doctrine - Essay Example The doctrine can be linked to anything lying on the land, but mostly to dangerous objects such as; abandoned cars, piles of timber, sand, trampolines or even swimming pools (Okrent 18). The doctrine tends to protect small children who are not mature enough to make responsible decisions over their own safety. The doctrine does not carter for adults. However, if an adult sustains injuries while attempting to save a child who is in an attractive nuisance, then the owner of the property will also be held responsible for the injuries of the adult. When citizens reside in areas where there are children, they are expected by the society to come up with responsible ways of protecting the kids (Okrent 19). A situation might arise when a child trespasses to someone elseââ¬â¢s property, and in the midst of having fun, for example, swimming, the child drowns. The accident happened without the propertyââ¬â¢s owner being aware (Okrent 24). Therefore, it would be unfair for the owner to be charged with violating attractive nuisance. If the property owner has knowledge of the presence of children on his or her of the property, and a risk occurs linking it to any object that might harm them, then the owner is responsible for violating attractive nuisance (Okrent 20). In this essay, it is clear that the law of attractive nuisance is actually fair. If a person has something on their property that would raise the curiosity of small kids, for example, a swimming pool or a damaged car, the individual needs to check whether they are sufficiently and safely sheltered. The person should adopt methods like putting up a secured barrier or safe and sound covering over the entity (Okrent 30). Landowners are required to be aware of all the potential dangers posed by their property like tractors or an open ware house. This will help them know what to keep
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