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Attractive nuances in California: Premise liability

When a kid sees something like a trampoline or a swimming pool, they will always be tempted to trespass and have a little bit of fun. To them, such acts seem pretty harmless, but for you, the property owner in California, the court can hold you liable if that child were to get injured.

Understanding attractive nuances

Typically, an attractive nuance in California can be anything that entices someone, especially a child, onto your property without your permission. They include:

  • Pools
  • Trampolines
  • Fires
  • Lakes
  • Animals

California laws regarding attractive nuisance

Premise liability laws in California provide that if someone is injured while on your property, and it’s determined that you were negligent in some way, the court may hold you liable for their injuries. For example, if a child sees a pool on your property and decides to jump in without your permission and they end up injuring themselves, you could be held at fault under California’s attractive nuisance laws. Lawmakers reasoned that generally, children lack the capacity to appreciate the risks associated with certain dangers on a property, and so homeowners have the responsibility to take measures to protect them.

How to protect yourself

If you have any attractive nuisances on your property, it’s important that you take steps to minimize the risk of someone getting injured. For example, if you have a pool, putting up a fence around it and posting signs that warn people not to swim without your permission may be a good idea. And if you have a trampoline, ensuring it’s in good condition and that there are no loose parts that could fall off and hurt someone can help you avoid a lawsuit.

If you are found to be liable for a child’s injuries in California, you could be required to pay their medical bills, as well as any other damages that they suffered. In some cases, the court may also order you to pay punitive damages, which are designed to punish you for your negligence.