An “attractive nuisance” may open you to liability

| May 11, 2021 | Premises Liability

Residents of Georgia and the Suwanee area may want to learn more about what constitutes an attractive nuisance. Learn how property owners may minimize the risk of a person or child receiving an injury.

What is the meaning of attractive nuisance?

According to Millionacres, it is something on your property that draws children in but may expose them to harm or injury. Personal injury law sees this as an issue of liability on your premises. Some examples of an attractive nuisance include the following:

  • Treehouses
  • Swimming pools
  • Trampolines
  • Fountains and water features
  • Playsets

Sometimes the attractive nuisance is not permanent; examples would be a ride-on lawnmower left in a yard or a ladder left leaning against the house while you are inside on a break. A trespassing child might see it as an invitation to a new and exciting experience.

Not an attractive nuisance

A child falling out of a tree on your property does not come under this issue. However, the law expects the homeowner to put up barriers to make the tree less accessible to outsiders, minimizing premises liability.

Normally homeowners are not liable for trespassers, but…

The attractive nuisance makes an exception when it involves children. The expectation is that you took steps to protect child trespassers. It mainly applies to children age 12 and under.

Higher insurance may result

Putting in a pool without the necessary fencing may cause your insurance to rise. However, the fence, gate or warning signs will limit how much the costs will rise; they will not be as much.

If you have questions regarding an attractive nuisance and other premises liability issues, it may be smart to consult an experienced attorney. They may be able to help you make your property safer as well as help you if you received an injury on someone else’s property.