What is an Attractive Nuisance?
An attractive nuisance may sound like an oxymoron but it’s actually a real estate term that every homeowner should know. An attractive nuisance is a name given to any object or structure on a property that can lure people — typically children and elderly adults — into unsafe situations and cause accidents. In this article, we dive into examples of Attractive nuisances and how to legally protect yourself.
Examples of Attractive Nuisances
Swimming pools are the most common example of an attractive nuisance. A swimming pool without any type of fence or barrier can quickly turn from an innocent source of fun to a nightmare if a young child or elderly person falls in and potentially drowns.
Here’s a list of common attractive nuisances:
- Decorative fountains
- Jungle gyms
- Swing Sets
- Playground equipment
- Koi Ponds
- Dangerous Animals, including some dog breeds
Some more examples of attractive nuisances may not seem attractive to all but they certainly can appeal to a young person’s curiosity. A few more examples:
- An abandoned car
- Discarded appliances that can cause entrapment or injury
- Garden equipment not in use that has been left out
- Large holes created during construction
- Construction equipment and scraps
- A tractor or other piece of rideable farm equipment
- Sand and gravel
In the event of trespassing, even installing a “No Trespassing” sign on the property might not be of much help. Young children act on impulse and don’t understand property borders, they just want to get close to the shiny, fun, or interesting object that has captured their attention. Additionally, there could be individuals with less than innocent intentions looking for scraps and items to sell.
Children who trespass are treated differently than adults who trespass. As personal injury lawyer Guy S. DiMartino explains, “Children under the age of six or seven (depending on the state) can’t be considered negligent because of their age.” Therefore, homeowners may be liable for injuries children receive on their property because of attractive nuisances.
The best way to combat this is to safeguard any and all attractive nuisances in and around your home. Tap into your inner child and look around to what might seem appealing to young eyes. Install fences and put away all garden equipment. Think about what could possibly go wrong that could result in an accident. Have you done everything you can to prevent such an incident? Reduce your risks now, before accidents occur.
Does Insurance Cover Attractive Nuisances?
In the case of a lawsuit stemming from an injury or death caused by an attractive nuisance, an insurance company will fight for the homeowner only if precautions were in place. However, this can be challenging as the homeowner must provide proof that all precautions were put into place before the incident. For example, if someone sued a homeowner for an injury or death that took place in their pool, it wouldn’t be enough to prove the pool was fenced in; the homeowner would have to prove that the gate was closed and locked.
Insurance can’t make your home safer, but it can help protect you from financial losses in case of injuries be sure to contact your insurance provider to discuss your policy options.
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Published on 2021-09-07 15:44:42