What is Attractive Nuisance liability?

Do you have and “attractive nuisance” on your property? Something that is both attractive and dangerous to curious children can be classified as an attractive nuisance and opens up potential liability for you in the event that these objects cause an accident. Common nuisances include unguarded swimming pools, trampolines, fire pits, abandoned appliances or cars. Although it is not dear how the last two would be considered “attractive”, at least not by the neighbors.

The first response from most homeowners in lawsuits related to an attractive nuisance is, “they
trespassed on my property!” While a valid claim, if the homeowner failed to take necessary steps to
prevent the accident they can be held liable. Here are some ways to minimize your liability:

Prevent Access: Install secure, fences with locked gates

Safeguard Discarded Dangers: Remove doors and lids from old household appliance

Lock Parked Vehicles: Keep all doors locked and windows, sunroofs and convertible tops closed

Protect Work Sites; Enclose work sites with safety fencing to keep curious children out and away from tools and building hazards

Secure Play Things: Even though jungle gyms, trampolines, play sets, tree houses and skate board ramps are designed for child play it does not mean they are hazard-free. Do your best to lock down these items to help keep children from wandering into your yard to “play”.

Install Self Locking Gate for Pool Area: Make sure the gate on the fence surrounding the pool locks automatically when closed and is a child proof closure.

If you are not sure what might constitute an attractive nuisance on your property, consult your insurance agent.