The phrase attractive nuisance might sound like an oxymoron, but it is actually a vital component of personal injury law. Specifically, an attractive nuisance is something on your property that may attract children and cause them injury.
The law views children differently than adults. Even though children who are interacting with an attractive nuisance on your property may be trespassing if you do not give them permission to be there, this alone is not enough to prevent you from a lawsuit If the child sustains an injury. According to FindLaw, you must ensure that you provide reasonable care regarding children and attractive nuisances on your property.
What are attractive nuisances?
The most quintessential attractive nuisance is an unattended swimming pool. Something like this may attract children looking to play and potentially lead to injury or death. Other examples of attractive nuisances include animals, certain kinds of landscaping, wells, ladders and broken gates.
What can I do about attractive nuisances?
Child trespassers may be frustrating, but there are ways to protect yourself. For instance, make sure that you obey all local regulations pertaining to your attractive nuisance. In the case of swimming pools, this often means putting up a perimeter fence around the pool to discourage child trespassers.
There is no need to remove all attractive nuisances from your property. However, make sure that you take all appropriate steps to warn children of the danger and document everything that you have done. You may choose to move certain attractive nuisances into a shed or other closed-off area. You may also talk to the parents if they are your neighbors.