What must land possessors do regarding conditions posing unreasonable risk to children?

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Land possessors have a legal duty to exercise reasonable care to protect children from conditions on their property that pose an unreasonable risk of harm. This principle is rooted in the understanding that children may not be able to recognize or appreciate certain dangers, particularly in situations where an attractive nuisance exists.

An attractive nuisance refers to a dangerous condition or object on a property that may lure children onto the property, such as a swimming pool, old playground equipment, or other hazardous features. Due to children’s natural curiosity and inability to foresee dangers, land possessors are often held to a higher standard of care when it comes to preventing harm to this particular group.

This obligation does not require landowners to eliminate all risks entirely, as that is often impractical. Instead, the law requires them to take reasonable measures, which might include modifying the environment, providing safeguards, or even removing dangerous conditions when it’s feasible. Providing explicit warnings alone is typically not sufficient to meet the standard of care owed to children, as children may not fully understand or heed warnings. Similarly, ignoring the presence of unreasonably dangerous conditions would clearly fall short of the duty of care owed to child visitors.

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