In personal injury law, an attractive nuisance is something on a property that draws children in but poses a risk of harm. Children are naturally curious and may not understand the danger.
Even if a child enters without permission, the property owner could still be held responsible if an injury occurs.
Common examples of attractive nuisances
Some features are more likely to be seen as attractive nuisances than others. Common examples include:
- Unfenced swimming pools
- Trampolines or playground equipment
- Abandoned cars or broken appliances
- Construction sites with open holes or tools
- Old wells or tunnels
These conditions may seem fun or interesting to children, but can lead to serious injuries if not properly secured.
When property owners may be liable
A property owner may be held liable if:
- They knew or should have known that children might enter the area
- The condition could seriously harm a child
- The child was too young to understand the risk
- Fixing or securing the condition would have been simple compared to the danger
- The owner failed to take reasonable steps to prevent injury
In these cases, the law may hold the owner responsible for not doing enough to protect children.
Property owners are not always at fault. If the child was old enough to understand the risk or the danger was obvious, the owner may not be liable. Owners may also avoid responsibility if they took reasonable steps to block access or warn others.
Personal injury law can be complex. If your child was injured because of an attractive nuisance, your best bet is to seek some legal guidance.