Important Information About Arizona Attractive Nuisance Laws

Lerner and Rowe Injury Attorneys
Arizona attractive nuisance laws
If your child has suffered an injury or your family has experienced the unthinkable, you do have rights under Arizona attractive nuisance laws.

Children are curious by nature. Their joyful inquisitiveness and innocence are some of the best things about watching them grow. Unfortunately, these same admirable traits can prove to be dangerous. This is because young children lack the cognitive ability to understand the inherent dangers that backyard attractive nuisances present. A simple unlocked fence might not be enough to dissuade a youngster from exploring your yard. Here is what you should know about Arizona attractive nuisance laws.

What Is an Attractive Nuisance in Arizona?

An attractive nuisance is an added feature or item located or left accessible on your property that is appealing to children. Additionally, it tempts them to enter your yard to investigate it further. In the process of exploring the attractive nuisance, the child could suffer a serious injury or worse, death.

Common attractive nuisances include, but are not limited to:

  • Swimming pools, water slides, and fountains
  • Open sheds allowing access to gasoline, hazardous chemicals, or sharp garden tools
  • Uncapped wells or tunnels
  • Aggressive dogs
  • Ladders left outside that could allow roof access
  • Abandoned vehicles and appliances
  • Playground equipment and toys 

How Arizona Attractive Nuisance Laws Apply to Residents

The Arizona courts address attractive nuisance laws according to elements under the Restatement (Second) of Torts, §339. Under Arizona law, naturally occurring features, like trees, bushes, ponds or lakes, are generally not considered attractive nuisances. Further, the definition of who the law may consider to be a child can also differ between courts.

A land or homeowner can be liable if a trespassing child suffers harm from an added feature to the property that falls under the category of an attractive nuisance. 

Additionally, if there is reason to believe that the property owner should have known a dangerous condition existed on their premises, they could be held responsible, regardless if the child is trespassing or an invited visitor.

How Can You Protect Yourself from Liability?

The Arizona Supreme Court has been known to rule that a landowner is not generally under any obligation to ensure that the condition of their property is reasonably safe in the event that trespassers enter the property. However, an exception does exist when children are the trespassers. While a young child often cannot discern danger, a teenager should. Still, do not count on a court not viewing a teen as a child.

Under the law, you do not have to childproof your yard. But you can definitely reduce the possibility of being liable if a child suffers injury on your land. By taking steps to prevent injury and having the ability to document those steps, you can supply proof that you made an attempt to follow local laws to prevent injuries to children.

Using common sense can also prevent a tragedy from occurring in your yard. If you notice neighboring or visiting children expressing an interest in something that could be dangerous to them on your property, keep it locked or fenced up. Posting warning signs will not do much to scare off curious children. If you are not sure what items present a danger to children, contact your homeowner’s insurance agent for a list of potential items.

Has Your Family Suffered a Tragedy from an Attractive Nuisance?

If your child has suffered an injury or your family has experienced the unthinkable, a death related to a neighbor’s attractive nuisance in Yuma, Bullhead City, Phoenix, Tucson, or in another city across the state, you have rights under Arizona attractive nuisance laws. Contact the team of Lerner and Rowe Injury Attorneys by phone at 844-977-1900 or via our online LiveChat feature at any time of the night or day to schedule your free consultation with our Phoenix personal injury lawyers. If you don’t have time right now, you can always fill out a contact form, and we’ll get back to you ASAP.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.