Legal Definitions - allurement

In legal terms, an allurement refers to an object or condition on a property that is particularly attractive and tempting to children, drawing them onto the land where they might trespass and potentially injure themselves. It is a concept within tort law, specifically related to a landowner's responsibility to protect child trespassers from harm caused by dangerous conditions on their property, especially when those conditions are likely to entice children who may not fully understand the risks involved.

Here are some examples illustrating the concept of an allurement:

• Imagine a construction site where a large, brightly colored excavator is left unattended and unlocked overnight. To an adult, it's a piece of heavy machinery, but to a curious child, it might look like an enormous, exciting toy. If a child trespasses onto the site, drawn by the excavator's appeal, and is injured while attempting to play on or operate it, the excavator could be considered an allurement. Its inherent attractiveness to children, despite being on private property, creates a foreseeable risk that a child might be tempted to "meddle" with it.

• Consider a residential backyard with an unfenced swimming pool. Even if the property owner has no intention of inviting children, the sparkling water of a pool can be incredibly enticing to young children, especially on a hot day. If a child from a neighboring property, unaware of the dangers or unable to resist the temptation, wanders into the yard and falls into the pool, the unfenced pool could be deemed an allurement. Its inherent appeal to children, combined with the lack of barriers, makes it a dangerous attraction.

• Suppose a property owner leaves a large, abandoned, but brightly painted, old boat in their yard, easily visible from a public sidewalk. The boat, with its unusual shape and vibrant color, might pique the curiosity of children passing by. If a child, drawn by the boat's novelty, trespasses onto the property to explore it and is injured due to the boat's unstable structure or sharp edges, the boat could be considered an allurement. Its unique and inviting appearance acted as a magnet, tempting the child to enter the property and interact with it.