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The attractive nuisance doctrine is a rule that says if there is something on someone's property that is very interesting to children, like a swimming pool or a junkyard, the owner of the property has to make sure it is safe or warn children about the danger. This is because children might not understand the danger and could get hurt. The owner of the property can be responsible for any harm that comes to a child if they don't take care of the dangerous thing. Adults can also use this rule if they get hurt trying to save a child from the danger.
The attractive nuisance doctrine is a legal principle that holds property owners responsible for dangerous conditions on their property that may attract children and pose a risk to their safety. In tort law, property owners have a duty to treat trespassing children as invitees and take reasonable care to eliminate potential dangers or provide adequate warning.
For example, a swimming pool may not be considered an attractive nuisance unless it includes some hidden or latent danger, as children generally understand the risks of drowning. However, a junkyard may be considered an attractive nuisance if not properly maintained, as it may entice young children to play among the debris and expose them to the risk of injury.
The attractive nuisance doctrine is based on the following factors:
While the attractive-nuisance doctrine is generally asserted to injured children who are too young to appreciate potential risks, adults may also invoke the doctrine when seeking damages for their own injuries suffered in an attempt to rescue a child from a danger created by the defendant's attractive nuisance.