In Nevada, homeowners have a duty to take care of their property. One of the ways that property owners should keep their property safe is by ensuring that children entering the property are kept safe. Even when children invade someone else’s property, the property owner still has a duty to take steps to keep the children safe.
The law that requires property owners to keep their property safe to trespass on children is called the attractive nuisance doctrine. Although the law is relatively straightforward, you may still need to work with a personal injury attorney to determine how this law will affect your situation after an accident.
The law on child trespassers is called the attractive nuisance doctrine
The law that requires property owners to protect children is called the attractive nuisance doctrine. Children may want to enter a property to play. They may see a pool, roof, or other structure that looks fun. Although the structure can be dangerous, a child may not appreciate those risks.
The attractive nuisance doctrine requires property owners to take steps to protect children, even when they are trespassers. If there is a man-made structure on a property, the property owner must take reasonable measures for the safety of children who could trespass on the property. Nevada’s attractive nuisance laws are found in Nevada Revised Statute 41.515 .
The most attractive nuisance law comes from the common law
Each state has its own attractive nuisance laws. Often times, the laws of a state come from tradition and not from written law. Laws are not formally written until the court enforces a law and adopts it. When laws are developed from traditions about justice and justice, they are called common law .
In many states, the attractive nuisance laws come from common laws. Laws are not written until a child is injured and files a legal claim for compensation. In general, attractive nuisance laws develop over time when courts decide actual cases. This was true in Nevada until the legislature passed an attractive nuisance law in 2015.
Nevada Law 41.515: The Attractive Nuisance Doctrine
Nevada’s attractive nuisance law is Nevada Revised Statute 41.515 (NRS 41.515). The law lists some ways that a landlord can be held legally liable if a child is injured on their property. Requirements include:
- The intruder is a child.
- The child cannot appreciate the dangerous condition because of his youth.
- The condition is artificial; does not exist naturally
- It is a type of artificial condition that a child would want to access
- The property owner must realize that the condition is dangerous for a child
- The time and expense involved in taking steps to keep property safe is small compared to the injuries a child could sustain if injured.
- It is a condition that can be made safer with reasonable steps.
The attractive nuisance doctrine applies only to artificial conditions. If a lake or river occurs naturally on a property, the property owner has no obligation to ensure that the lake does not enter children. But if a property owner builds a swimming pool or installs a diving board on his property, he has a duty to take steps to protect children.
What steps does a property owner have to take under the attractive Nuisance Doctrine?
A property owner has to take reasonable steps to prevent children from entering danger. While warning signs are a start, warning signs alone may not be enough. If the threat is water, the property owner may need to build a fence around the water. If the hazard is a roof, the property owner may need to ensure that the doors are locked and that the stairs are secured to prevent access.
Attractive Annoying Doctrine only applies to children
For the attractive nuisance doctrine to apply, the intruder must be a child. The law expects adults to recognize and appreciate dangers. Children may not be able to understand how an attractive nuisance can be dangerous. That is why the law gives them extra help.
If an intruder is an adult, the property owner’s liability is more limited. Nevada law 41.515 limits a property owner’s duty to an adult trespasser. Adults are expected to be able to identify and avoid hazards and take steps for their own safety.
Nevada Attractive Nuisance Doctrine Law
Nevada’s written nuisance law is relatively new. The idea has always been part of Nevada common law, but the attractive nuisance law became written law only in 2015. The written attractive nuisance law is part of a larger law that the legislature passed to lessen the burden on taxpayers. owners when it comes to intruders.
Under old Nevada law, property owners had a duty even to adult trespassers. The new law still requires landlords to take steps to keep children safe. But the law removes the responsibilities of a property owner from adults. Adult trespassers generally enter at their own risk with a few exceptions.
What happens if a child hurts himself due to an attractive nuisance?
If a child is injured due to an attractive nuisance, the property owner may face legal liability towards the child. The child may have physical injuries that require treatment. Damages are available to an injured child that can cover monetary expenses related to the child’s injuries.
Damages are also available for emotional distress and physical suffering. Our experienced attorneys can help you assess your case and take the appropriate steps to claim compensation.
Attractive nuisance attorneys in Las Vegas
Any injury to a child is a tragedy. When an injury occurs due to an attractive nuisance on someone else’s property, the property owner may owe the child compensation for their injuries. If your child is injured, they may deserve compensation, even if they are trespassing at the time of the injury. We invite you to contact us to discuss your case.