Find the Right Attractive Nuisance Attorneys

An "attractive nuisance" is a condition on a piece of real property (a building or plot of land) that is dangerous, but which, by its nature, is likely to entice children to trespass onto the land to it.

There are many different things that can be an attractive nuisance. Anything which is dangerous, and is likely to attract children, can be an attractive nuisance. Common examples include swimming pools, trampolines, abandoned cars, heavy construction equipment (bulldozers, etc.), piles of lumber, rock, or sand, and virtually anything else which children might want to play on.

LegalMatch Law Library Managing Editor, , Attorney at Law

Finding the Right Attractive Nuisance Attorneys

Generally, the liability of landowners for injuries caused to people on their property depends on the status of the visitor to the land. For example, landowners have a high duty of care to protect people they have invited onto their land. On the other hand, the duty of care owed to trespassers (people on their land or property without the owner's permission) is minimal. The one major exception to this rule is when the trespassers are children, and they are drawn onto the property by an artificial, attractive, condition on it. Read more.


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Steps to Minimixe an Attractive Nuisance

A landowner has to take all reasonable steps to either eliminate the condition, render it inaccessible to children, or to minimize the danger its presence poses.

Generally, this involves fencing off the property, covering up swimming pools, and similar commonsense steps. Putting up a sign warning trespassers of the danger certainly doesn't hurt, but it's no guarantee against liability. It will only eliminate or mitigate a landowner's liability if it can be shown that the child was old enough to read the sign, and understand the danger posed by the condition, and chose to trespass anyway.

If the child could not read the sign or understand the danger, the fact that a sign was present is irrelevant, and will not shield a landowner from liability.

In determining if a landowner has been negligent in leaving a dangerous condition on their land, and whether or not they should be held liable for injuries it causes to trespassing children, a court will consider a number of factors. These factors include the type of object that caused the injury, the measures taken by the owner to minimize the risk posed by the object, whether or not it was necessary to have the object on the property, the utility of the object, and the cost and difficulty of removing it. Generally, if an object which creates an attractive nuisance is very useful, and very difficult to remove, the landowner will have to be very careless in order to establish liability.

If you are a landowner, and are facing an attractive nuisance lawsuit, or have conditions on your land which might give rise to one, you should not hesitate to speak with a premises liability attorney who handles attractive nuisance cases.


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