Mississippi’s Attractive Nuisance DoctrineMississippi Legal News
You try your hardest to ensure that your children are conscious of the endless amount of risks that they could possibly face both outside and inside of your Mississippi household. Although you are able to guide and regulate their exposure to all of these hazardous elements while they are inside your house, you still want some degree of control over what they may come up against while they are outside as well. You, as an adult, are aware that there are plenty of temptations that, in spite of your stern and numerous warnings, your children might be lured to anyways. Your expectation is that the owners of the premises on which these temptations are located are aware of how they are perceived by kids, and therefore have taken any necessary actions to protect children from being harmed by them.
The Legal Principle
Is it possible to have that expectation legally imposed on property owners? Is it even fair? The legal principle behind the Attractive Nuisance Doctrine puts the burden on property owners to safeguard children from man-made characteristics on their properties. This obligation comes from the knowledge that small children frequently do not comprehend the full scope of danger that an attractive nuisance is capable of posing. The very first attractive nuisances were railroad turntables; indeed, the doctrine was originally referred to as the turntable doctrine until its meaning was extended to include other conceivably hazardous elements like:
- Swimming pools
- Canals and fountains
- Abandoned buildings
Technically, It’s Trespassing
As postured by Cornell Law School, the attractive nuisance doctrine can even be implemented in your personal injury claim provided that your child sustained an injury due to an attractive nuisance even if they were on a property on which they had not been granted permission to be. It is important to keep in mind, however, that property owners are also able to take actions to release themselves from liability under the doctrine. Building a fence around the element in question could very well be seen as putting more than enough effort into the attempted avoidance of being deemed at fault for any personal injury it causes.
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