Does Kansas Have Attractive Nuisance Laws?
In homeownership, safety to others, and most importantly, children, comes first. So what happens if a child wanders onto someone’s property and is injured by something that seems intrinsically appealing to a kid? That’s where the attractive nuisance doctrine comes into play. The Kansas personal injury lawyers here at Patterson Legal Group give you the information you need to know about Kansas attractive nuisance laws.
What Is an Attractive Nuisance?
An attractive nuisance is a dangerous condition or object on a property that will most likely attract young children who do not have the maturity to understand the danger involved. Common examples are swimming pools, trampolines, old cars, construction areas, or even machinery. As children are naturally curious, they will probably be drawn to such dangers, which may lead to severe accidents or injuries.
The attractive nuisance doctrine holds property owners responsible for injuries caused by such hazards if they fail to take reasonable steps to exclude access or warn about the hazard. The idea is to compel property owners to go the extra mile to protect children despite them technically being trespassers.
Do Kansas Attractive Nuisance Laws Apply?
Yes, Kansas does apply the attractive nuisance doctrine. Like most states, Kansas adopts the principles set forth in the Restatement (Second) of Torts, which provides the general rules for imposing liability for attractive nuisance claims. Landowners are responsible in Kansas for injury to children when:
- The owner knew, or would have known, that children tended to trespass on their property.
- The condition or object on the property posed an unreasonable risk of harm to children.
- The children, by virtue of their age, were unable to appreciate or understand the danger.
- The burden of eliminating the danger was minimal compared to the risk of harm to children.
- The owner of the property failed to take reasonable steps to prevent access or warn of the danger.
When a property owner knows children can be attracted to a dangerous condition on their land and fail to do something to remedy it, they could become liable for any injury that results.
Examples of Attractive Nuisances
To have some idea of how the doctrine operates practically, let’s consider some examples of situations which potentially could qualify as attractive nuisances in Kansas:
- Swimming Pools: An unfenced or unsupervised swimming pool can be a major attraction for children, especially during the warm summer months. If a child is hurt or drowns in a pool, the homeowner can be sued if they did not take measures to fence in the pool area.
- Construction Areas: Soil dumps, heavy machinery, or uncovered excavations can be interesting to children. If a child is injured playing on a construction site, the contractor or building owner may be responsible if safety procedures were not observed.
- Old Appliances or Cars: Junked refrigerators, cars, or other major appliances may be dangerous if kids get into them or play among them. Property owners must make sure appliances are safely stowed or removed.
- Play Equipment: Even seemingly harmless equipment like a trampoline or swing set can constitute an attractive nuisance if it remains in a broken state or located where kids have easy access to it.
Contact a Kansas Attractive Nuisance Laws Attorney Today
Here at Patterson Legal Group, we’re happy to provide the information you need to be aware of Kansas attractive nuisance laws. We’re also here for you if your child has been hurt because of an attractive nuisance. Our dedicated team of trial lawyers has a proven track record of success in securing settlements for those hurt in blind spot car accidents in Kansas, as well as in Missouri, Oklahoma and Colorado. We will fight for you every step of the way.
Get started today with a free consultation by calling us at 785-431-0000, filling out an encrypted contact form. You can also connect with our LiveChat representatives. We work under a “no win, no fee” promise, so you won’t pay anything unless we win. Reach out today and take the first step towards the money you deserve.
