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Posted on in Premises Liability

An attractive nuisance is something that could be very dangerous to children, perhaps leading to catastrophic injuries, that is located on someone’s property. Even if the children should not trespass on that property, the homeowner may be liable for injuries that occur if they did not do enough to keep the children safe.

Say, for instance, that a homeowner installs a pool. They have neighbors but no fence. They put up signs on the pool deck that say, “No trespassing” and “No swimming” and assume that covers them from liability. Then, while they are out of town one day, a 3-year-old neighbor wanders onto the property and falls into the pool.

The homeowner may argue that it’s not their fault. They put up signs, and the child shouldn’t have been there to begin with. However, the court could find them liable since they did not have anything — like a fence with a locking gate — to actually prevent the incident from happening.

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Running away from a dangerous dog feels like the most natural thing in the world. The dog charges and you turn and sprint in the other direction. Maybe it’s just instinct. After all, you’re trying to protect yourself. Maybe you think the dog just wants you out of its perceived territory and you’re showing it that you’re getting out.

No matter why you run, it’s actually the wrong idea. Dogs have a very strong chase reflex. Anyone who has gone for a jog with their pet knows how this works. The dog may seem tired out after a few miles but, if a squirrel runs across the sidewalk, the dog suddenly has a burst of strength to pull on the leash.

The same is true no matter what the dog is chasing. That’s a dog’s first instinct. It may just have barked at your before but, if you run, now it wants to chase. That escalates the entire situation. The dog may chase you down and bite you specifically because you ran.

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The Texas native’s first brush with stardom was in 1973’s cult classic, “Rocky Horror Picture Show,” but it wasn’t until the release of the “Bat Out of Hell” album four years later that Michael Lee Aday – better known as Meat Loaf – became a real star on his own. While his career has had its share of ups and downs, none of the low points rival the fall he took in May of last year in Texas.

The singer broke his collarbone in a fall from a stage at a Hyatt hotel in Dallas. He recently filed a premises liability lawsuit against the hospitality company. Aday named both Hyatt and the company that sponsored the convention at which he was to perform in his lawsuit.

According to Aday, the Hyatt’s stage had dark curtains hanging at the edge of the back of the stage. The curtains created an illusion that the stage is larger than it is in reality. So when the 72-year-old singer walked up to the curtains at the end of a Q-and-A session, he fell off of the stage and was badly injured.

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