Legal Definitions - attractive nuisance

The term attractive nuisance refers to a dangerous condition on someone's property that is particularly appealing to children and poses a risk to their safety. Under this legal doctrine, a property owner can be held responsible for injuries to trespassing children if the dangerous condition on their land is likely to attract young people who may not understand the risks involved.

Normally, a property owner owes a limited duty of care to trespassers. However, the attractive nuisance doctrine creates an exception for children. Because certain features or conditions on a property might be so enticing that they "impliedly invite" children to come onto the land, the law treats these trespassing children more like invited guests. This means the property owner has a higher responsibility to either eliminate the potential danger or provide adequate warnings to protect children.

For a condition to be considered an attractive nuisance, several factors are typically considered:

• The property owner knows or should know that children are likely to trespass in the area where the condition exists.
• The condition itself presents an unreasonable risk of serious harm or death to children.
• Children, due to their age, do not recognize or appreciate the danger involved.
• The benefit to the property owner of maintaining the condition, and the burden of removing the danger, are relatively small compared to the risk to children.
• The property owner fails to take reasonable steps to eliminate the danger or protect the children.

It's important to note that this doctrine is generally applied narrowly and does not typically include common, everyday objects like walls or fences, as children are generally expected to understand the ordinary risks associated with such items.

Here are some examples illustrating the concept of an attractive nuisance:

• Unsecured Construction Site:

  Imagine a residential construction site where heavy machinery, such as excavators and bulldozers, is left unlocked and accessible after work hours. Piles of sand and building materials are also present, and the site is only partially fenced, with easy entry points for curious children.

  How it illustrates the term: The large machines, piles of dirt, and the general allure of an active construction zone can be incredibly attractive to children, who might see it as a giant playground. However, these elements pose significant dangers, such as being crushed by moving parts, falling from heights, or being buried under unstable materials. Young children often lack the judgment to understand these severe risks. The property owner (the construction company or landowner) has a duty to secure the site properly, lock equipment, and ensure adequate fencing to prevent children from entering and getting injured.

• Dilapidated, Unsecured Barn with Old Equipment:

  Consider an old, abandoned barn on a rural property, located near a public road or residential area. The barn's doors are broken or missing, allowing easy access. Inside, there are rusty farm implements with sharp edges, exposed nails, and perhaps old, unlabeled containers of chemicals or fuels.

  How it illustrates the term: An old, seemingly "forbidden" barn can be a powerful draw for adventurous children looking to explore. The rusty tools, sharp objects, and potentially hazardous chemicals inside present clear dangers that children, especially younger ones, may not fully comprehend. They might not understand the risk of tetanus from rust, injury from sharp machinery, or poisoning from unknown substances. The property owner, knowing the barn's condition and its proximity to areas where children might be, would have a responsibility to secure the barn, remove the dangerous items, or demolish the structure to prevent injuries.

• Accessible, Unfenced Retention Pond with Steep Banks:

  A developer creates a decorative retention pond with steep, slippery clay banks in a new housing development. The pond is not fenced and is easily accessible from nearby homes and a public park where children frequently play.

  How it illustrates the term: Water features are inherently attractive to children, especially during warm weather, for play or simply out of curiosity. The steep, slippery banks and the depth of the pond create a significant drowning hazard. Young children, particularly toddlers, may not understand the danger of falling into water or the difficulty of climbing out of a steep-sided pond. The developer or homeowner's association, knowing that children are likely to be in the vicinity, has a duty to take reasonable precautions, such as installing a fence around the pond or clearly marking the dangers, to prevent children from accessing and being harmed by this attractive nuisance.