Who Is Liable for a House of Horrors?
NJ “attractive nuisance doctrine” governs easily accessible hazards
A story published August 15 recently caught our attention, and its gruesome details seem relevant as we advance towards Halloween. Construction workers refurbishing an abandoned Trenton property got a ghoulish surprise when they discovered the decomposing body of a woman at the rear of a three-story, multifamily house. 127 Spring Street is just one of about 1,000 such properties the city’s New Beginnings Housing Program hopes to revitalize. Authorities reported no signs of foul play, but an investigation is ongoing.
Currently, there are many “abandoned homes in Trenton being used as shelters by homeless people,” according to Trenton Mayor Reed Gusciora. Under those circumstances, it’s not unlikely that a homeless person might suffer a drug overdose, sustain a fall, or experience some other health emergency that resulted in death.
Abandoned houses and curious kids
Most adults have the good sense to recognize blighted property as a potential death trap and to stay away. But for children, especially at this time of year, they can be spooky attractions. Curious kids, sometimes on a dare from friends, can trespass on the property and stumble upon a life-threatening hazard. When property has been abandoned, it becomes difficult to hold an owner responsible. But since every property owner is potentially responsible for an “attractive nuisance” that might induce a child to trespass and subsequently suffer an injury, we thought it might be a good time to review the pertinent NJ law.
NJ premises liability law and the “attractive nuisance” doctrine
New Jersey premises liability law governs the legal responsibility that property owners have toward people entering their land. While many claims involve slip-and-falls, inadequate maintenance, or unsafe conditions, one specialized area concerns children who are injured due to hazards that might draw their curiosity. This is known as the “attractive nuisance doctrine.”
Young children often lack the judgment to appreciate risk. Thus, when a man-made feature on the property entices children and a serious injury occurs, the property owner can face liability even if the injured child was technically a trespasser.
What is an attractive nuisance?
An attractive nuisance is an artificial (i.e., man-made) condition on a property that is likely to attract children and poses a serious risk of harm. Common examples include:
- Swimming pools or hot tubs
- Trampolines or backyard play equipment
- Abandoned vehicles, heavy machinery, or unsecured construction areas
- Tools or appliances left accessible
Whereas a natural condition (such as a pond, hillside, or tree) rarely triggers this doctrine, an unsecured swimming pool or active construction site can easily qualify.
Legal elements of an attractive nuisance injury claim in New Jersey
To succeed with an injury claim under the attractive nuisance doctrine in New Jersey, a plaintiff must satisfy certain factors:
- The landowner knew or should have known that children were likely to trespass near the hazard.
- The condition alleged to be an attractive nuisance involves an unreasonable risk of death or serious bodily harm to children.
- Because of their youth, children cannot be expected to appreciate the risk involved.
- The utility to the owner of maintaining the condition and the burden of eliminating the danger were slight compared to the risk to children.
- The landowner failed to exercise reasonable care to eliminate the danger or protect the children.
The duty a property owner owes to a child trespasser supersedes the rules on different duties owed to an injured party who is an invitee, licensee, or trespasser.
What qualifies as “reasonable care”?
What constitutes a property owner’s reasonable care depends on the hazard, the foreseeability of child trespass, and the cost/effort involved in remedying the condition. Typical safety measures include:
- Installing a locked fence or gate around a swimming pool
- Posting clear warning signs and removing or securing equipment
- Securing construction materials and restricting access
- Conducting regular inspections to identify hazards
The law does not demand a property owner take every conceivable precaution, but it does require practical steps to reduce foreseeable risks.
While prevention is the best defense, a property owner who is liable might have damages reduced under New Jersey’s comparative negligence law. Courts can reduce damages if a parent’s supervision was lacking or if a child was old enough to appreciate the risk.
How a New Jersey premises liability lawyer can help
If your child was injured due to a dangerous condition on someone else’s property, even if the child was technically a trespasser, an experienced New Jersey premises liability lawyer can evaluate whether the attractive nuisance doctrine applies. Key issues include whether the condition was artificial and maintained, whether the owner reasonably foresaw child access, and whether adequate barriers or warnings existed.
The attractive nuisance doctrine in New Jersey provides a vital check on property-owner liability when children are injured by hazards that entice them. While the general rule protects landowners from trespasser claims, this doctrine recognizes that children are a special category: curious, less aware of danger, and highly vulnerable. For property owners, awareness of this doctrine and proactive safety planning is essential. For parents and injured parties, understanding how the doctrine works can significantly influence possible recovery.
Contact Razi & Giampa Law in Paramus for a free injury consultation
Razi & Giampa Law in Paramus provides highly professional and compassionate legal representation for child victims of premises liability accidents in Bergen County and throughout New Jersey. To schedule a free consultation, call us today at (201) 534-5011 or contact our firm online.
