This term may seem like an oxymoron, but an attractive nuisance actually refers to something that exists on your property that is attractive to children. The reason why it is a “nuisance” is that whatever the object is may be attractive to children but is also dangerous to them. This means that if a child injures him or herself on an attractive nuisance, the law may hold you liable for this.
Therefore, you must identify attractive nuisances on your property and deal with them appropriately. According to FindLaw, common examples of attractive nuisances include swimming pools, trampolines, fountains and treehouses.
Child trespassers
It is possible for the law to hold you legally liable for a child’s injuries on an attractive nuisance, even if the child was engaging with the attractive nuisance without your knowledge or permission. While it is true that a child on your property without your permission is technically trespassing, the law sees children in a different light as adults.
Protecting yourself
Of course, many people have attractive nuisances on their property for their own personal use. Just because a swimming pool is an attractive nuisance does not mean that you cannot have one. You simply must take all appropriate precautions. For instance, putting up a fence around your swimming pool is a basic safety measure that will keep young children away.
You should also speak to any children you find trespassing on your property in pursuit of attractive nuisances. Document any encounters you have with children or their parents when instructing them to stay away from these nuisances.
