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What Is An Attractive Nuisance?

What Is An Attractive Nuisance?

An attractive nuisance is a potentially harmful object so inviting or interesting to a child that it would lure the child onto the property to investigate. An unenclosed swimming pool, for instance, or a fountain containing goldfish would be an attractive nuisances if they attract a child onto the property and could potentially cause harm.

Ordinary objects used every day can attract and injure. An idling lawnmower, pain sprayer, table saws even the family auto can greatly stir up interest in a local neighborhood. People/children are fascinated by construction equipment (as well as any construction sites itself) gasoline pumps, excavations, wells, tunnels, dumpsters, and intriguing paths Stairways, can hold peril. Not every dangerous condition is, legally, an attractive nuisance. Most natural conditions such as a lake or a naturally steep bank are not considered attractive nuisances. To be liable for injury an owner must have created or maintained the harmful object.

The attractive nuisance doctrine arises when the danger itself or the extent of the danger is hidden to a child. Homeowners must be aware of the how a child might respond and be intrigue by something enticing, but cannot appreciate the danger that is present.

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Posted Saturday Dec 10