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Increasing Urbanization Revives Attractive Nuisance Doctrine
In cities across the country, the landscape is changing. What once might have been considered a quiet corner of a neighborhood or an empty lot is now a bustling space full of activity. From parks and playgrounds to construction sites and urban farming initiatives, urban environments are becoming more complex, with new opportunities for residents and visitors alike. But with these changes come new challenges, especially for property owners. One of the biggest legal issues they may not even realize is impacting them: the “attractive nuisance” doctrine.
Historically, this doctrine held property owners liable for injuries sustained by children who were attracted to hazardous conditions on their property. Think of it like this: if there’s a swimming pool in a yard that doesn’t have a fence, or an abandoned building with open windows, and children wander onto that property and get hurt, the owner could be held responsible. The reasoning is simple: children are naturally curious and often don’t recognize danger in the way adults do, so property owners have a duty to make sure that their property doesn’t lure children into harm’s way.
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