Iowa Injuries

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Glossary

attractive nuisance

Written by Keith Haroldson

This can be the difference between having no claim at all and having a viable case when a child is hurt on someone else's property. Iowa property owners usually owe very little to trespassers, but that rule can change if a dangerous condition is likely to draw children who do not understand the risk.

Technically, attractive nuisance is a doctrine that can make a landowner responsible for injuries to a child trespasser caused by a hazardous condition on the land. The usual questions are whether the owner knew or should have known children were likely to come onto the property, whether the condition created an unreasonable risk of serious harm, whether a child would not appreciate that danger because of age, and whether the burden of fixing or securing it was small compared with the risk. The name is a little misleading: the issue is not whether something is "tempting" in a casual sense, but whether it creates a foreseeable danger to children.

In Iowa, this issue can matter on farms, rural construction sites, and storm-damaged properties - for example, unsecured grain bins, heavy equipment, or structures left unstable after high winds or a derecho. If the doctrine applies, a landowner may face liability even though the child did not have permission to be there. That can affect insurance coverage, settlement value, and whether a case survives early dismissal.

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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