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What is an attractive nuisance?

On Behalf of | Oct 25, 2022 | Firm News

An attractive nuisance is a variety of premise liability. Particularly if there are children in your neighborhood, it is important to understand what an attractive nuisance is. Failure to control attractive nuisances on your property may result in parents levying premise liability cases against you.

The law sees children differently than it does adults, and it affords them special protection. According to FindLaw, an attractive nuisance is something on your property that may attract children but also harm them.

What is an attractive nuisance?

The good news is, the law does not consider anything that is slightly dangerous on your property to be your responsibility. For instance, things like cliffs, hills, ponds and choking hazards like acorns and sticks are not attractive nuisances.

Most attractive nuisances are man-made, and must be something that you maintain. A popular example is a pool. A pool is something that will certainly attract children, but may also cause them harm.

How can I protect myself?

It is important to take steps that show you have tried to prevent children from accessing attractive nuisances. For instance, with a pool, you should put up a fence around it. You should also install floodlights and perhaps an alarm. This shows that you have done due diligence. If you do not have a fence around your pool and a child drowns, it is very likely that the parents could levy a premise liability case.

Understanding what the law considers you responsible for is paramount. Even though a child on your property without permission is a trespasser, you still must protect them.