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What is the attractive nuisance doctrine?

On Behalf of | Aug 10, 2022 | Premises Liability

An attractive nuisance is an item on your property that can be a hazard to others. But it is not only a hazard. It is also something that is going to draw people in and increase the risks that they face. The people who are going to be drawn toward the attractive nuisance are often teenagers or younger children.

A background swimming pool is an example of an attractive nuisance. There is an obvious drowning risk for young children who don’t know how to swim. At the same time, most of them think of playing in the water as a fun and exciting thing to do. They may also be curious and decide to investigate.

As such, someone who has a backyard pool has a responsibility to keep these children safe. If they fail to do enough and the child is injured or killed in such an accident, then that homeowner may be liable. This is why homeowners are often required to have fences around their pools, for instance, with gates that lock.

What if the child was trespassing?

In many of these cases, it’s true that the children are trespassing. They didn’t ask the homeowner if they could swim before approaching the pool. Homeowners sometimes think that this protects them from liability.

However, if it’s found that the homeowner didn’t do enough to prevent the accident, they can still be liable. They need to understand that children are going to enter the property without permission. They, as an adult, have a responsibility to keep the area safe for kids who may be in the neighborhood.

If your child has been injured or tragically passed away in one of these situations, then you may need to look into your legal options to seek compensation for funeral costs, medical bills and more.