An attractive nuisance is like a magnet for kids, drawing them in with its hazardous charm and posing a risk of injury. The term refers to a hazardous condition on a property that is likely to draw the attention of children and pose a risk of injury. The attractive nuisance doctrine, a key principle in premises liability law, holds property owners accountable for taking reasonable measures to safeguard trespassing children from dangers on their property, even if the children are not invited guests.
In the realm of premises liability, few concepts are as deceptively simple—and potentially costly—as the doctrine of attractive nuisance. Whether you’re a homeowner with a backyard pool or a business owner with heavy equipment on-site, understanding this legal principle is essential to safeguarding your property and reducing exposure to lawsuits and insurance claims.
Landowners may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, construction sites, piles of lumber, trampolines, swimming pools, discarded appliances, treehouses, farm equipment, garbage, among other things.
I have observed that many businesses, general contractors, and landowners often concentrate their risk control efforts on their operations, employees, products, vehicles, contracts, and similar areas. However, they often times will overlook what is plainly visible just outside the four walls of their business…