Georgia’s Attractive Nuisance Law Protects Child Trespassers

In Georgia, property and business owners have a duty to maintain safe conditions for guest, customers, employees and others who are welcomed on the property, but the only duty to trespassers is to not intentionally cause them harm. Unless the trespasser is a child. The attractive nuisance doctrine holds property and business owners liable under premises liability for injuries to child trespasser caused by dangerous items and conditions that children are likely to be attracted to, such as trampolines and swimming pools.

Examples of Attractive Nuisance

An attractive nuisance is anything that a child is likely to be curious about or drawn to, that can cause injury or death, and that the child is unlikely to realize is dangerous. Examples include:

• Swimming pools
• Hot tubs
• Trampolines
• Tree houses
• Old refrigerators and freezers
• Abandoned cars if children can accidentally get locked in the trunk
• Wells
• Ponds

Liability for Attractive Nuisance

Property owners are not required to completely eliminate the dangerous items but must make appropriate efforts to keep children from entering the area or take other precautions to prevent injury to children who may wander into the area.

For instance, Georgia has swimming pool fencing regulations which require pools to be fenced on all sides, with fencing that is at least four feet tall and begins no more than four inches off the ground. It must be constructed in a manner that does not allow children to squeeze through the fence and that does not provide foot or handholds for climbing. Gate latches must be on the inside and there cannot be openings in the fence near the gate that children could squeeze their little arms through to reach in and open the latch.

Property owners who comply with the fencing requirements are unlikely to be held responsible for swimming pool injuries to child trespassers, but the fencing does not shield them from liability for children who are invited onto the property and allowed access to the swimming pool area due to negligence.

If your child has been injured as a result of an attractive nuisance, Robbins Law, PC, can help. Please give us a call at 800-772-5555 or contact us online today and schedule your free consultation.