What counts as an attractive nuisance in premises liability?

Written by: Jessica L. Phillips

Keeping your property safe for children is an important part of being a landowner. One of the most overlooked aspects of this responsibility is how to deal with attractive nuisances. 

According to FindLaw, an attractive nuisance is something on your property that draws young children but is not safe for them to use or play with. Therefore, it is important for you to make sure that children are not able to injure themselves with the item or machinery. There are some potential dangers that a property can have that are not necessarily your responsibility to maintain under this law. For instance, a pond or lake, small choking hazards that children can swallow, trees that are not in danger of falling, smoke or carbon monoxide, and cliffs are all examples of things you are not held liable for having on your property if a child gets injured. 

However, some other liabilities are less obvious and can cause legal trouble for you if a minor gets hurt. Tunnels and underground wells, along with animals that may be dangerous, are some examples of attractive nuisances. Making sure children do not injure themselves on landscaping is also included. It is important to put guardrails or other precautionary measures in place to ensure you tried to prevent any harm. In addition, cautionary alarms or security systems also help you prove that you were not at fault if any accidents occur. 

Attractive nuisances can be a danger, but by learning more about premises liability, you can know what constitutes it and how to deal with it.