What is considered an attractive nuisance?

What is considered an attractive nuisance?

To be considered an attractive nuisance: A potentially dangerous condition exists on the property. The landowner created or maintained the potential danger. The landowner should have known the condition would attract children. The landowner should have known the condition could harm children.

What are the five elements of the attractive nuisance doctrine?

What Are the Basic Elements of Attractive Nuisance?

• A potentially dangerous condition exists on the property.
• The landowner created or maintained the potential hazard.
• The landowner should have known the condition would attract children.
• The landowner should have known the condition could harm children.

Is a pond an attractive nuisance?

Other artificial water conditions such as koi ponds or decorative fountains can also be considered attractive nuisances. Machinery and tractors are also believed to tempt children onto the property. Building sites and open pits may also be considered attractive nuisances.

Is a dog an attractive nuisance?

Dangerous animals, or dogs not known to be dangerous, can present an “attractive nuisance.” Many young children do not know how to behave around pets. Under the attractive nuisance doctrine, they may be able to recover for dog bites even if they were on the property illegally.

What are some examples of attractive nuisance?

Typical attractive nuisances that can make a homeowner responsible for injuries include:

• Swimming pools.
• Trampolines.
• Tree houses.
• Fountains.
• Machinery (lawnmowers, gasoline pumps, etc.)
• Wells.
• Tunnels.
• Dangerous animals.

What is the nuisance law?

Nuisance, in law, a human activity or a physical condition that is harmful or offensive to others and gives rise to a cause of action. A public nuisance created in a public place or on public land, or affecting the morals, safety, or health of the community, is considered an offense against the state.

What are the 10 most common attractive nuisances?

Contents

• Railroads — The Nuisance that Started it All.
• Swimming Pools.
• Construction Sites.
• Power Lines and High-Voltage Towers.
• Manmade Ponds, Lakes and Fountains.
• Discarded appliances.
• Abandoned Automobiles.
• Farm Equipment.

Is attractive nuisance a defense?

Attractive nuisance is a defense to trespass by children used in tort law.

What is attractive nuisance insurance?

Attractive Nuisance Doctrine — a notable exception in the law relating to trespassers that imposes a special duty of care on a person maintaining an artificial condition on land which attracts children (e.g., a swimming pool). Under the attractive nuisance doctrine, children enjoy the status and protection of invitees.

What is an example of a nuisance?

Both in everyday vernacular and in legal terms, a nuisance is something that causes an annoyance. A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises.

How do you protect against attractive nuisance?

Install fences. You should try to physically prevent children from getting near attractive nuisances on your property. One thing you can do is install a fence around dangerous nuisances. For example, many insurance companies will require that you keep your swimming pool locked and gated.

What is the definition of an attractive nuisance?

An attractive nuisance is something interesting that would entice a child into entering another’s property. Although this may sound very broad, most courts limit this considerably. For instance, many courts require that the object be man-made, and many require that you “maintain” the nuisance to be liable.

Can a landowner be held responsible for an attractive nuisance?

Under attractive nuisance law, a landowner can be held responsible if a child is injured by an “artificial condition” on the landowner’s property and all five of the following criteria are met: The landowner knows (or should know) that children are likely to trespass on the property.

Can a child be liable for an attractive nuisance?

As personal injury lawyer Guy S. DiMartino explains, “Children under the age of six or seven (depending on the state) can’t be considered negligent because of their age.” Therefore, property owners may be liable for injuries children receive on their property because of attractive nuisances.

What makes a power line an attractive nuisance?

Attractive nuisance cases involving power lines have historically focused on the age of the trespassing child and his or her ability to understand the danger presented by electrical wires or towers.