What is an ‘Attractive Nuisance’?

If you’re involved in a premises liability accident, namely one involving a trespassing child, you will likely hear the term “attractive nuisance.” An attractive nuisance is a legal term that describes a hazardous element on your property that is attractive to children. It is something that will naturally catch a child’s eye, such as a swimming pool without a cover or a homemade roller coaster. An attractive nuisance is something that kids can’t help but interact with, even if it means trespassing on a property. Understanding this legal term and its ramifications is important for property owners and parents.

A swimming pool, tree house, playground, swing set, bouncy house, exotic pet, railroad, high-voltage tower, manmade lake, abandoned automobile, piece of farm equipment, or homemade ride or ramp are all examples of attractive nuisances. This is not to say that property owners cannot have these things. They simply must take steps to keep children safe from any related harms – even if the child is trespassing. If a property owner knows that an item is an attractive nuisance that could harm children, it is his or her legal responsibility to make the item safe. In terms of a swimming pool, this could include the following measures:

If the attractive nuisance is something other than a pool, the property owner must take steps to protect potential trespassing children from foreseeable harms. Acceptable measures depend on what a reasonable and prudent person would do in the same circumstances. If the courts deem that another person would have done something different to prevent harm, the property owner on trial may be guilty of negligence.

Property owners might assume they do not owe a duty of care to trespassers. After all, trespassers are people you did not invite onto your property and who do not have a legal right to be there. There is a major exception to this rule that all property owners should know: Children are exempt from the rule. All property owners in Texas owe a standard of care to trespassing children and must keep their premises reasonably safe. Regarding attractive nuisance, an explicit age range has not been defined for what constitutes a “child.” However, in most cases where the attractive nuisance claim has been used, majority of child plaintiffs have been younger than 12. Having an attractive nuisance on your property without taking steps to prevent harm to trespassing children can mean you’ve broken this rule.

Premises liability laws may hold property owners responsible for accidents that occur on a premises. This includes swimming pool accidents, dog attacks , and slips and falls. If the courts deem that the item or property element that caused the harm was an attractive nuisance, it may hold the property owner liable. The attractive nuisance doctrine aims to keep children safe despite things in a neighborhood that could encourage trespassing. If there is any hazardous condition or an object on a property that will likely attract children, the property owner can be liable for resulting injuries.

Young children cannot appreciate the risks that some objects, such as swimming pools, may pose. Therefore, the courts cannot hold them responsible for injuries relating to hazardous objects – especially if the object is a common attractive nuisance. Instead, the courts will hold the adult in charge of the property responsible for the child’s injuries. When in doubt, invest in non-climbable fencing around your property or around the attractive nuisance. Taking measures to prevent trespassing children from sustaining injuries can protect you as a property owner.

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