How To Prove A Tennessee Attractive Nuisance Claim
In Tennessee, a claim of Attractive Nuisance is defined as:
An attractive nuisance is a law in which a landowner can be held liable for injuries to children trespassing on their land if the injuries are the result of an object or condition likely to attract children.
It simply means:
You can be sued if a child is hurt on your property because you didn’t attempt to keep them away from objects like swimming pools, trampolines, containers, etc.
There are 5 elements of the claim:
- Element 1. The place where a condition existed was one where the possessor knew or had reason to know that children were likely to trespass. An attractive nuisance claim involves a situation where someone owns a property and knows that children might be drawn to it, making it their responsibility to ensure the area is safe to prevent accidents.
Facts that might support this element look like:
* The property is located adjacent to a public park where children frequently play and explore.
* The possessor has observed children entering the property to access a nearby pond on multiple occasions.
* The area is visually appealing to children, featuring colorful playground equipment that is easily visible from the street.
* The possessor has received complaints from neighbors about children trespassing on the property to play.
* The property is unfenced, providing easy access for children to enter without any barriers. - Element 2. The condition was one of which the possessor knew or had reason to know and realized or should have realized that it involved an unreasonable risk of death or serious bodily harm to such children. The condition was something the owner knew or should have known was dangerous, posing a serious risk of injury or death to children who might be drawn to it.
Facts that might support this element look like:
* The property owner had previously observed children playing near the swimming pool, indicating awareness of their presence and potential danger.
* The owner received complaints from neighbors about children frequently trespassing onto the property to access the trampoline, highlighting a known risk.
* The property had no barriers or warnings to prevent children from accessing the hazardous equipment, demonstrating a lack of reasonable safety measures.
* The owner was aware of similar incidents in the neighborhood where children were injured while playing on unprotected property features.
* The property owner had previously been warned by local authorities about the dangers posed by the unmonitored playground equipment on their premises. - Element 3. The children, because of their youth, did not discover the condition or realize the risk involved in intermeddling with it or coming within the dangerous area. The children, being young and unaware, didn’t recognize the danger of playing near the hazardous situation, which is an important part of proving an Attractive Nuisance Claim in court.
Facts that might support this element look like:
* The children, aged 5 to 10, lacked the cognitive ability to understand the dangers associated with the abandoned pool on the property.
* The property was not adequately fenced, allowing easy access for the children to approach the hazardous area without supervision.
* The children were playing in the vicinity of the pool, unaware of the potential risks due to their limited life experience.
* Witnesses observed the children engaging in play near the pool, indicating they did not recognize it as a dangerous situation.
* The bright colors and inviting features of the pool area attracted the children, further obscuring their understanding of the associated risks. - Element 4. The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight compared to the risk to children. The benefit of keeping the property safe and the effort to remove the danger were minimal compared to the significant risk it posed to children, highlighting the owner’s responsibility to protect young ones from potential harm.
Facts that might support this element look like:
* The property owner could easily install a fence around the pool, which would significantly reduce the risk of children accessing the area.
* The cost of maintaining the pool’s safety features was minimal compared to the potential harm to children who might wander onto the property.
* The property owner had previously received complaints about children playing near the pool, indicating awareness of the risk involved.
* The pool was located in a residential area with a high density of children, making the risk of accidental injury particularly significant.
* The owner had not taken any steps to secure the pool area despite knowing that children frequently trespassed on the property. - Element 5. The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the children. The property owner did not take proper steps to remove or reduce the risks posed by something attractive to children, like a pool or playground, which could lead to accidents or injuries.
Facts that might support this element look like:
* The property owner was aware that children frequently played near the swimming pool but took no steps to secure the area.
* The owner failed to install a fence around the hazardous equipment, despite knowing it posed a risk to children in the neighborhood.
* The property had multiple warning signs about the dangers present, but they were faded and difficult to read.
* The owner neglected to remove or properly maintain the abandoned vehicle that attracted children to play nearby.
* The property owner did not provide any supervision or safety measures during a community event where children were present near dangerous machinery.
(See Metropolitan Government of Nashville v. Counts, 541 SW 2d 133 – Tenn: Supreme Court 1976.)
If you’re in court without a lawyer and plan to assert a Claim of Attractive Nuisance, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.
Prove Your TN Attractive Nuisance Claim
U.S. Civil Cases Only