Legal Definitions - attractive nuisance

Attractive nuisance is a dangerous condition on a landowner's property that may attract children and pose a risk to their safety. The attractive-nuisance doctrine imposes a duty on property owners to treat trespassing children the same as an invitee, and as a result, must exercise reasonable care to eliminate potential dangers or provide adequate warning.

For example, a swimming pool may not be considered an attractive nuisance unless it includes some hidden or latent danger, because children generally understand the risks of drowning. On the other hand, a junkyard may constitute an attractive nuisance if not properly maintained, because it may entice young children to play among the debris and expose them to the risk of injury.

The doctrine may impose a substantial burden on property owners, so it is generally narrowly construed to not include common or ordinary objects like walls, fences, or gates. However, if a property owner fails to exercise reasonable care to eliminate the danger or otherwise protect the children, they may be held liable for physical harm to children trespassing on their property caused by an artificial condition upon the land.

While the attractive-nuisance doctrine is generally asserted to injured children who are too young to appreciate potential risks, adults may also invoke the doctrine when seeking damages for their own injuries suffered in an attempt to rescue a child from a danger created by the defendant's attractive nuisance.