Attractive Nuisance

Example

“The homeowner's insurance covered the medical bills when a neighbor's child was injured on their trampoline, which was considered an attractive nuisance under state law.”

Memory Tip

Think 'Kids are ATTRACTED to danger, making it a NUISANCE for property owners' - attractive things that cause problems.

Why It Matters

This doctrine can make you financially responsible for injuries to neighborhood children even when they're on your property without permission. Adequate liability coverage protects you from potentially devastating lawsuits and medical expenses that could reach hundreds of thousands of dollars.

Common Misconception

Property owners often believe they're not liable for injuries to trespassing children, thinking 'no trespassing' signs provide complete protection. However, the attractive nuisance doctrine specifically creates liability for child trespassers when dangerous conditions are likely to attract them, regardless of posted warnings or fencing that children might overcome.

In Practice

The Johnsons install an above-ground pool in their backyard with a 4-foot fence, but don't lock the gate. Eight-year-old neighbor Tommy climbs the fence and drowns while the family is away. Under attractive nuisance doctrine, the Johnsons face a $2 million wrongful death lawsuit. Fortunately, their homeowners insurance includes $300,000 in personal liability coverage, which pays legal defense costs and settles the case within their policy limits, though they're still responsible for any amount exceeding their coverage.

Etymology

Combines 'attractive' from Latin 'attractus' meaning 'to draw to' and 'nuisance' from Old French 'nuisance' meaning 'harm' or 'annoyance,' creating a legal term for something that draws children into danger.

Common Misspellings

Related Terms

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