Children are naturally curious and often can’t fully appreciate the danger of a specific situation or activity. Because of this, South Carolina recognizes a special duty of care for children. In premises liability cases, the state follows the attractive nuisance doctrine. This doctrine states that property owners must ensure that their properties are free of dangers that could attract a child and draw him or her to trespass on the property to access the dangerous feature. Common property features that are often considered attractive nuisances include swimming pools that are not properly covered and secured by a fence, as well as old vehicles or appliances that could potentially trap a child.
Motorists have an increased duty of care when it comes to children, with increased penalties for risky driving behaviors that take place in school zones and other areas that children frequent.