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What is an attractive nuisance?

On Behalf of The Foley Law Firm | September 5, 2021

Did you know that a property owner could be liable for injuries that a child suffers on their property, even if the minor was not supposed to be there? If that owner has an attractive nuisance that they didn't properly protect, then the injured party could hold them liable for those injuries.

In essence, an attractive nuisance is something dangerous that might draw a child’s attention to it. It is up to adults to recognize this risk and take steps to minimize it.

How a pool can be an attractive nuisance

The most common example of an attractive nuisance is a pool. Say a property owner does not have a fence around their property. On top of that, they may also install a pool, also without enclosing it with a fence. The pool is located in the home's side yard, so children can see it from the street.

Adults in the neighborhood should understand property lines and stay away without being invited. Homeowners should also put up a few private property signs to make things extra clear, though. What they neglect to do is install a fence, after all.

A child sees the pool and cannot read the signs. They don’t know anything about property lines or understand the concept of trespassing. They enter the property, fall in the pool, and lose consciousness. While someone rescues them before they die from drowning, they suffer brain damage.

The property owner may argue that the child should never have been on the property or in the pool to begin with, and they’re right. However, a homeowner can still be held liable because they neglected to protect neighborhood children from themselves. They failed to address the risk that they created adequately.

What to do if an attractive nuisance leaves your child hurt

If you are a parent whose child was injured, you need to know what steps to take to seek compensation.

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