Attractive Nuisance

An attractive nuisance is a condition that can attract and injure children. Occupants of land on which such a condition exists are liable for any injuries to children.

This is a legal tort doctrine (a matter of law) that holds that any person who has or creates any condition on his premises, public or private, that may reasonably be considered to pose a danger to children and yet attract them to it then that person has a duty to take precautions as a reasonable person to prevent injuries to young minors.

Examples

Some examples of an attractive nuisance would include a pile of lumber, swimming pool or a trampoline. The hole that is dug to install the swimming pool would also be considered an attractive nuisance. All of these should have fencing or some type of obstruction to prevent easy access for children. Signage is not always enough as a child might not be old enough to read and understand the warning. The person who owns the property has the responsibility to prevent an injury from occurring.

Insurance answer

Talk to your agent or broker if you have a concern that you might have an attractive nuisance. If the insuring company has been informed and has agreed to give you the coverage then you have done your duty. If the insurer gives you certain conditions that you must follow then be sure to have some sort of documentation (schedule, pictures, etc.) to verify that you did what you should have done.

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