Everything You Need to Know About Attractive Nuisances
Each year, there are roughly 3,000 serious swimming-pool-related injuries. Swimming pools and other common property features can legally qualify as an attractive nuisance. In some cases, those who are injured by an attractive nuisance can seek damages.What Is an Attractive Nuisance?
The attractive nuisance doctrine is a legal concept used to describe specific dangerous property features. Any man-made object on a property can be an attractive nuisance if it is both appealing and can be harmful to children. The classic example of an attractive nuisance is a swimming pool, but just about anything a property owner has may be an attractive nuisance. An attractive nuisance needs to be something that the property owner is responsible for. Something like a pair of scissors that another child brought to the property would not be an attractive nuisance. Furthermore, natural items are usually not an attractive nuisance. Courts may only consider an item to be an attractive nuisance if it is an item the property owner maintains or installs. To qualify as an attractive nuisance, the item needs to be something that the homeowner has not taken reasonable precautions to protect children from. An attractive nuisance usually is not something inside of a person's home. Instead, it is typically something that a property owner has in an easily accessible location. In addition to being out in the open, an attractive nuisance is usually left unattended and remains easy for children to interact with. Attractive nuisance laws in Pennsylvania specifically apply to children. From a legal perspective, children do not understand the gravity of trespassing, so adults still have a duty of care to protect children who trespass. Therefore, attractive nuisance suits almost always involve minors. An adult is usually only the plaintiff in an attractive nuisance case if they are suing on behalf of their child or if they were injured while trying to protect a child from an attractive nuisance.Attractive Nuisance Examples
Since attractive nuisance laws are so vague, looking at examples of attractive nuisances makes it easier to understand what they are. An attractive nuisance can be just about anything that a property owner has added to their property. As long as it is appealing to children and has the potential to harm them, something might be an attractive nuisance. Examples of attractive nuisances can include:- Swimming pools
- Treehouses
- Trampolines
- Construction sites
- Lawnmowers
- Pets or farm animals
- Wells

- Lakes, ponds, or other waterways
- Cliffs or hills
- Tall trees
- Sticks, acorns, or other small choking hazards
- Roaming wild animals
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