Experienced Personal Injury Representation

What qualifies as an attractive nuisance?

An attractive nuisance is a problem when it’s on someone’s property and is visible to others. That nuisance item, whether it is a pool, trampoline, or other enticing item, could put people at risk of being injured.

That’s why it’s important for property owners to understand what attractive nuisances are and to make sure they prevent people who aren’t supposed to be using them from doing so.

What makes something an attractive nuisance?

There are a few different criteria that items have to meet to be called attractive nuisances. Some of these may include that:

  • It’s reasonable to suspect that the item or structure will encourage or entice children to come onto the property by trespassing.
  • Children may not understand the danger the particular structure poses to them.
  • The property owner should know that the item is a hazard to children.
  • To cost to mediate or eliminate the risk is low compared to the risk faced if it is left alone.
  • The property owner didn’t take reasonable action to mitigate or eliminate the risk.

For example, a pool could be considered an attractive nuisance. If it’s somewhere children can see and there is reason to believe that they could trespass and get into it, then the property owner should take steps to prevent that from happening. Using a pool cover, having fencing and gates and locking the area could be good mitigation tactics.

What can people do if an attractive nuisance leads to injuries?

If you or someone you care about are injured because of an attractive nuisance, then the property owner may be able to be held accountable for not securing the nuisance better.

The exact situation, as well as how the nuisance is being secured, will play a role in determining if the property owner should be liable for injuries that happened on their property. Even if someone was trespassing, it is possible that the party that was trespassing could have a case against the property owner if they get hurt while they’re present on the property. If your child gets hurt, it’s worth looking into making a claim.