An attractive nuisance is something that is inherently dangerous on a person’s property, especially if it is attractive to children. It also typically needs to be man-made, so something like a lake or a river usually would not qualify.
One example could be an in-ground pool built on a person’s property. Young children may find the pool intriguing and may even trespass onto the property to get to it. But they may not fully understand the danger they face, and there could be a drowning accident.
Another example is an old refrigerator left sitting unattended on the property. If a child climbs inside, older model refrigerators often cannot be opened from the inside, so the child could become trapped.
Taking additional steps
If a property owner identifies something that qualifies as an attractive nuisance, they often need to take additional steps to keep children safe. Posting no trespassing signs can help, but even that is often not enough. Children do not understand property lines, and young children may not be able to read.
With a pool, the property owner may need to put a fence around it. The fence should have a gate that locks automatically. This simple setup can be enough to keep a child from getting to the pool or being injured. It also helps show that the homeowner did everything they could to try to protect the local children, even if there is still an accident.
For parents of children who have been injured on someone else’s property, understanding the attractive nuisance doctrine is very important, and it can help to work with an experienced personal injury attorney.