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Injuries to Children – 'Attractive Nuisance'

Michigan law still recognizes that young children may not understand, as an adult would, the hazard involved in certain property conditions.

Under Michigan law, an owner/possessor may still be liable for damages caused by artificial conditions, where all of the following conditions are present:

  1. the owner knows, or has reason to know that kids are likely to trespass in the area where the condition exists;
  2. the owner knows, or has reason to know that the condition poses an unreasonable risk of harm;
  3. the children do not discover the risks involved, due to their youth;
  4. the utility of maintaining the condition, which causes the injury, and the burden of correcting the issue, are slight compared to the risk involved; AND
  5. the owner fails to use reasonable care to eliminate the dangers.

Want to know more about injuries to children in regards to liability?

We can go over the different conditions to see if liability exists

Learn more about Michigan Slip and Fall Laws & Protections.

Increasingly, Michigan courts are holding that "snow & ice happen" during Michigan's winters. As a result, they have held that such conditions are open and obvious to the point, where there is no liability for an accident caused by snow and ice.
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Should you rely on your personal injury lawyer to refer you to the doctors you need to present a winning case? Yes and no; no and yes. Let me explain.
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