An attractive nuisance is something that would entice children to play with it despite the fact that it is dangerous. While property owners aren’t expected to childproof their space, this doctrine makes it necessary for them to secure obvious attractive nuisances.
- The property owner should know or does know that children will probably trespass.
- Serious injury or death can occur to a child due to the condition on the property.
- The children who trespass are too inexperienced or too young to understand the dangers.
- The cost to correct or the benefit of leaving the condition are minimal when considering the risks to the children.
- A property owner doesn’t take reasonable measures to address the dangers.
Some attractive nuisances are more obvious than others. One of these is swimming pools. Property owners should have a self-locking fence around the pool to prevent a child from entering the area without an adult present.
Swing sets, lawn equipment and things the child can climb on are also likely included in this doctrine. Farm equipment, old appliances and water attractions like fountains might also pose dangers to children in the area.
Parents of children who are injured on another person’s property might choose to seek compensation through a premise liability lawsuit. Including this doctrine in the case may help to shore up the case. It is imperative that all of the circumstances of the accident are considered when trying to determine how to proceed.