Most homeowners know that they need to properly secure their property to avoid people venturing onto it or taking things from it. While some properties only need minimal securing, determining if there are any attractive nuisances on the property may help determine if there is something on the property that needs special treatment.
An “attractive nuisance” is something on a person’s property that will entice children to come onto the property, invited or not. This can include things like trampolines, swimming pools, construction vehicles or playsets. The item may seem harmless or manageable to reasonable adults, but it is overly tempting to children.
How does this legal concept apply to children?
The legal concept of an attractive nuisance applies to children because it recognizes that children are naturally curious and don’t have the same reasoning abilities as adults. Because of the nature of children, attractive nuisance cases don’t rely on the child having permission to access the area or interact with the attractive nuisance. Instead, this concept relies on foreseeability, which places the onus for safety squarely on the property owner.
This isn’t to say that all children would automatically be relieved of recognizing danger. Instead, courts will look at the child’s age and maturity level to determine if they likely knew about the danger.
The concept of an attractive nuisance is a way to balance child safety with property rights. All property owners must understand this concept so they can take appropriate steps to prevent harm on their property. Parents of children who are injured by an attractive nuisance may opt to pursue a compensation claim.