As a property owner, you have the right to privacy and to shield your land and property from unauthorized visitors. It is not only frustrating when individuals or other parties access your Georgia property without permission, but it can expose you to certain risks as well. If someone receives an injury while on your property, you could find yourself facing legal complications if there are questions regarding liability.
An attractive nuisance is something that may attract unwanted visitors, particularly children and teens, to your yard, such as a pool, playground equipment or basketball hoop. There are ways that you can protect your interests as a property owner without having to make significant changes to your property, such as filling in the pool. By taking all necessary steps to increase protection and reduce risk, you are also minimizing your risk for liability claims.
Reduce your chance for complications
Cases involving trespassing are often complicated, especially if the individuals who allegedly trespassed are children. However, liability is often determined by whether a reasonable person could have seen the risk posed by the hazard and whether the hazard violated building codes. For example, if a child received an injury while playing on a dangerous playground set in your yard, you could face the threat of a legal claim, even if the child was trespassing onto your property at the time of the accident.
Another factor that could impact an attractive nuisance claim against you is the age of the child. Young children under the age of 6 or 7 are not responsible for their actions in the eyes of the law. In order to be an attractive nuisance, there must be a dangerous condition on the property either created by the property owner or known to the owner. If the owner should have addressed the issue or known it would attract children, he or she may be liable for accidents.
How can you protect your interests?
If you have been subjected to an attractive nuisance claim or you are dealing with other property issues, such as trespassing, you will benefit from having experienced legal guidance at your disposal. These are complex legal matters, and your financial interests could be at risk. An assessment of your specific situation can determine how you can protect yourself and avoid additional issues.
