Doctrine of Attractive Nuisance: Alabama’s Child Safety Exemption to General Premises Liability Law
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This article discusses the doctrine of attractive nuisance, a significant exception to the general principles of Alabama premises liability law. The doctrine essentially raises a landowner's duty of care towards trespassing children if certain conditions are present. In addition to identifying the facts necessary to invoke Alabama's doctrine of attractive nuisance, this article analyzes the impact of the doctrine on premises liability law in Alabama.
A landowner’s duties towards guests, and thereby potential liability to injured guests, depend on the nature of the relationship between the landowner and guest. Alabama recognizes three different landowner-visitor relationships and applies different legal requirements for each category. However, like most jurisdictions, Alabama’s policy of protecting children from danger overrides the interests of limiting a landowner’s overall potential premises liability exposure. This policy-based exception is known as the doctrine of attractive nuisance.
Before discussing the doctrine’s impact on premises liability, one must first understand the Alabama’s general premises liability law structure. Alabama recognizes three categories of property guests: invitees, licensees, and trespassers. Generally, an invitee is a person who enters another’s premises for purposes relating to the property owner’s interests or activities. In other words, an invitee is expressly or impliedly invited onto the property to engage in activities that benefit the landowner, i.e., shoppers visiting a store. Since the landowner benefits from the visitor’s presence, Alabama requires the landowner to take extra precautions to safeguard visitors from injury. Generally, a property owner must exercise reasonable care to prevent injuries to invitees on his land, reasonably inspect the property for dangerous conditions, and warn invitees of any risks of injury.
Licensees are individuals who enter onto another’s private land, but lack the commercial or business purposes associated with invitees. Due to the lack of the potential for business benefits, the law relaxes a landowner’s duties towards licensees and only requires that the landowner not willfully or wantonly injure licensees or cause negligent injury after discovering a licensee in peril. Unlike his duty towards invitees, a landowner generally has no duty to inspect the property for dangerous conditions.
Trespassers compose the final category of visitors under Alabama law. For apparent reasons, landowners in Alabama only owe trespassers the duty not to willfully or wantonly injure them. However, if a landowner becomes aware of a trespasser, he must warn the trespasser of dangers that the landowner has actual knowledge at the time of the trespass.
The doctrine of attractive nuisance alters the typical duty of care owed by a landowner to a trespasser or licensee simply because such visitor is a child. However, certain conditions must be present before the doctrine is applicable. First, there must be a dangerous condition or instrument on the owner’s land. Second, the dangerous instrument must be of such nature that one would expect it to attract children to use it as a play toy or area. Third, the owner must know the existence and nature of the dangerous condition. Fourth, the child does not know or recognize the danger of the condition. Finally, the child does not receive proper warning of the danger.
If applicable, the doctrine greatly alters the landowner’s legal duties toward children that would otherwise be classified as a licensee or trespasser. Thus, due to the doctrine, a child that might otherwise be classified as a trespasser, which would routinely absolve the landowner from liability, may be able to recover for injuries sustained on the property owner’s attractive nuisance.
If your child was injured on another’s property in Alabama, seek the advice of an injury lawyer to discuss your case. Legal doctrines, such as the doctrine of attractive nuisance, may exist and allow a recovery against the property owner.
ABOUT THE AUTHOR: G. Whit Drake- Drake Law Firm
Drake Law Firm is an accident and injury litigation firm located in Birmingham, Alabama. Attorneys at the firm primarily represent individuals injured in car wrecks, workplace accidents, and tractor trailer crashes across the state of Alabama. Whit Drake, the founding partner of the firm, routinely authors articles concerning Alabama personal injury law.
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More information about Drake Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Before discussing the doctrine’s impact on premises liability, one must first understand the Alabama’s general premises liability law structure. Alabama recognizes three categories of property guests: invitees, licensees, and trespassers. Generally, an invitee is a person who enters another’s premises for purposes relating to the property owner’s interests or activities. In other words, an invitee is expressly or impliedly invited onto the property to engage in activities that benefit the landowner, i.e., shoppers visiting a store. Since the landowner benefits from the visitor’s presence, Alabama requires the landowner to take extra precautions to safeguard visitors from injury. Generally, a property owner must exercise reasonable care to prevent injuries to invitees on his land, reasonably inspect the property for dangerous conditions, and warn invitees of any risks of injury.
Licensees are individuals who enter onto another’s private land, but lack the commercial or business purposes associated with invitees. Due to the lack of the potential for business benefits, the law relaxes a landowner’s duties towards licensees and only requires that the landowner not willfully or wantonly injure licensees or cause negligent injury after discovering a licensee in peril. Unlike his duty towards invitees, a landowner generally has no duty to inspect the property for dangerous conditions.
Trespassers compose the final category of visitors under Alabama law. For apparent reasons, landowners in Alabama only owe trespassers the duty not to willfully or wantonly injure them. However, if a landowner becomes aware of a trespasser, he must warn the trespasser of dangers that the landowner has actual knowledge at the time of the trespass.
The doctrine of attractive nuisance alters the typical duty of care owed by a landowner to a trespasser or licensee simply because such visitor is a child. However, certain conditions must be present before the doctrine is applicable. First, there must be a dangerous condition or instrument on the owner’s land. Second, the dangerous instrument must be of such nature that one would expect it to attract children to use it as a play toy or area. Third, the owner must know the existence and nature of the dangerous condition. Fourth, the child does not know or recognize the danger of the condition. Finally, the child does not receive proper warning of the danger.
If applicable, the doctrine greatly alters the landowner’s legal duties toward children that would otherwise be classified as a licensee or trespasser. Thus, due to the doctrine, a child that might otherwise be classified as a trespasser, which would routinely absolve the landowner from liability, may be able to recover for injuries sustained on the property owner’s attractive nuisance.
If your child was injured on another’s property in Alabama, seek the advice of an injury lawyer to discuss your case. Legal doctrines, such as the doctrine of attractive nuisance, may exist and allow a recovery against the property owner.
ABOUT THE AUTHOR: G. Whit Drake- Drake Law Firm
Drake Law Firm is an accident and injury litigation firm located in Birmingham, Alabama. Attorneys at the firm primarily represent individuals injured in car wrecks, workplace accidents, and tractor trailer crashes across the state of Alabama. Whit Drake, the founding partner of the firm, routinely authors articles concerning Alabama personal injury law.
Copyright Drake Law Firm - Google+
More information about Drake Law Firm
View all articles published by Drake Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
