Like having a swimming pool on the property, it is important to teach children and other visitors not to run or play around the fountain. Place water features in secure locations. If there is a fountain on your property, you might not be legally required to put up a safety gate, but we recommend putting up some form of safety barrier to help prevent injuries and possible drownings.How To Minimize The Risk Of Accidental Injuries Or Drownings Damages will be available for emotional distress and physical injuries, for which there may be monetary expenses for the owner to cover, such as their medical bills. Putting up warning or caution signs might not be enough to stop a child trespasser, and if a child does get harmed on your property due to an attractive nuisance, like a fountain, the owner may face legal liability to the child. What Steps Does A Property Owner Have To Take Under This Doctrine? If the worst does happen and an accident does occur, the child’s age, training, education, and experience will be considered factors as to whether or not the attractive nuisance doctrine applies. It is an object that can be made safer with reasonable steps.The time and expense involved in taking precautions and keeping the property safe is minimal compared to the injuries that a child could suffer if they get hurt.A property owner should understand that the condition is dangerous for a child.This is an object that a child would want to access.The object is artificial and does not exist naturally.Due to the child’s age, they cannot see the danger that the object poses.The trespasser on your property is a child.Nevada Statute 41.515 outlines the following conditions in which the Attractive Nuisance Doctrine applies. The Attractive Nuisance Doctrine protects children who stumble upon an artificial safety hazard they think is a good place to play, even if they are trespassing on the property. Using the Attractive Nuisance Doctrine, the property owner could face a negligence claim against them. In Nevada, property owners are tasked with keeping their property safe to make sure that any child who happens to wander onto their property does not face any danger. Be wary of any older concrete as it may be more brittle and more prone to breaking. If you are hit by one of these when a fountain collapses, it could result in some pretty catastrophic injuries. Fountains often weigh more than 1,000 pounds with each tier weighing more than 100 pounds. Head injuries are a common occurrence when a fountain collapses, and a wrongful death claim is the most severe. Due to this lack of bonding, these heavy pieces can be knocked over and potentially cause head injuries to any child who decides to use the fountain as a make-shift playground. Plumber’s putty is often used to waterproof certain sections, but it doesn’t secure any sections together. Many fountains share a similar problem when they are being assembled - they often lack bonding between their heavy concrete pieces.
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