If you are injured while trespassing on another person’s property, your status as a trespasser often prevents you from recovering financial compensation from the property owner. However, the only exception is when the trespasser is a child.
“Attractive nuisance” is considered any property feature that is potentially dangerous but still piques the curiosity of small children who may too young to recognize any imminent threat to their safety. Oklahoma attractive nuisance laws are in place to safeguard children from injury or death and makes property owners liable in particular situations.
Common examples of attractive nuisance property features include the following:
- Swimming pools
- Discarded appliances (e.g. refrigerators, washers, dryers, etc.)
- Abandoned cars
- Construction sites, vehicles, or equipment
In order to determine what is and isn't an attractive nuisance, it has to be a man-made condition on the property that isn't easily noticeable by a trespassing child. On the other hand, obvious and natural dangers which children know excuse the property owner from liability in the event of an accident.
In order to succeed in an attractive nuisance case in Oklahoma, the plaintiff must prove several facts. First, a hazardous condition existed on the premises. Second, the property owner created that condition or allowed it to persist unabated. Third, the property owner knew or should have known that the condition would attract young children. And lastly, the property owner knew or should have known that the condition could harm minors.
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